Aim / Expected Outcome:

  • Wolper Hospital is committed to complying with all applicable laws and maintaining strong principles of corporate and clinical governance and ethical standards of conduct across its activities.  

This commitment applies to all interactions with Staff, patients, suppliers, the community, other stakeholders and the broader environment within which Wolper Hospital operates.

Procedure / Work Instruction:

Purpose of this policy

This whistleblower policy has been approved by the Board of Directors.

Whistleblowing is a constructive process to tackle situations in which: 

  1. There’s a problem. 
  2. It can’t be resolved through normal channels. 
  3. It may rebound on the complainant if they’re not protected.

Broadly speaking, a whistleblower is someone who, whether anonymously or not, makes, attempts to make or wishes to make a report in connection with Reportable Conduct (defined below) and wants protection against reprisal for having made the report.  

The purpose of this whistleblower policy is to:

  • encourage the reporting of wrongdoing that may cause loss to Wolper Hospital or damage to Wolper Hospital’s reputation, or may cause harm to others;
  • establish effective reporting and investigation mechanisms within Wolper Hospital;
  • enable Wolper Hospital to effectively deal with reports from whistleblowers in a way that will protect the identity of the whistleblowers and provide for the security of the information provided; and
  • protect whistleblowers against any reprisals.

Who may make a report:

Reports may be made under this whistleblower policy by the following persons (Disclosers):

  • a current or former officer (including a director or secretary) or employee (whether full-time, part-time or casual) of Wolper Hospital;
  • a supplier of services or goods to Wolper Hospital (whether paid or unpaid), including their employees, (for example, current and former contractors, consultants, volunteers, service providers and business partners);
  • an associate of Wolper Hospital (as defined under the Corporations Act); and
  • a spouse (including a de facto partner), dependant (including a dependant of the spouse), relative (including a parent, child or sibling) of any individual referred to above.

In certain circumstances, a Discloser may be eligible for protection as a whistleblower under the Corporations Act 2001 (Cth). More information on this is attached in Appendix 1 to this document.

Disclosures by persons not covered by this whistleblower policy: Even if an individual does not fall into one of the “Disclosers” categories, they are still encouraged to raise any concerns they have with the Wolper Hospital. Wolper Hospital will assess the concern raised and take appropriate steps. While Wolper Hospital may not be able to apply all of the protections set out in this whistleblower policy to the individual in this circumstance, it will look for ways to support all people who raise a concern. 

What type of issues should be reported:

Disclosers are encouraged to make a report under this whistleblower policy if they suspect on reasonable grounds that there has been any misconduct, or an improper state of affairs, which has occurred or arisen in relation to Wolper Hospital or any of its officers or employees (Reportable Conduct).  

Reportable Conduct may include (but is not limited to) any conduct which:

  • constitutes an offence against, or a contravention of the Corporations Act 2001 (Cth), the ASIC Act 2001 (Cth), or any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more;
  • represents a danger to the public or the financial system;
  • is unlawful or illegal conduct, e.g. theft, drug trafficking or use, violence or threatened violence, or damage to property;  
  • is a breach of any internal policy of Wolper Hospital, including hospital policy relating to harassment and discrimination;
  • is unethical, dishonest, fraudulent or corrupt activity, including bribery;
  • is an abuse by an individual of their authority or position within Wolper Hospital, e.g. dealing inappropriately with junior Staff or misusing confidential information of Wolper Hospital;
  • may be harmful or damaging to Wolper Hospital, any Staff or third party, such as through unsafe or inappropriate work practices, environmental damage, public health and safety risk, or grossly misusing or wasting of hospital or public property or resources; 
  • misconduct or an improper state of affairs in relation to the tax affairs of Wolper Hospital;
  • may cause financial loss to Wolper Hospital or compromise Wolper Hospital’s reputation or may otherwise be detrimental to Wolper Hospital’s interests;
  • the dishonest destruction, concealment or alternation of any documents or records in connection with any other Reportable Conduct; or
  • retaliation against an individual for making or proposing to make a disclosure under this whistleblower policy.

A Discloser must have reasonable grounds for a report made under this whistleblower policy. A mere allegation with no supporting information is unlikely to be considered as having ‘reasonable grounds’. However, a Discloser does not need to prove their allegations. A Discloser will still qualify for protection under this whistleblower policy even if their disclosure turns out to be incorrect.

How to Make a Report:

Reports relating to Reportable Conduct should be made to the following people or organisations (Eligible Recipients):

  • officers, directors and senior managers. For the purpose of this whistleblower policy, senior managers are defined as the members of the Executive Committee;
  • the Hospital President (refer to the Wolper Hospital website for details of the current position holder);
  • internal or external auditors, or a member of an audit team conducting an audit; or
  • any other person authorised by Wolper Hospital to receive disclosures that may qualify for protection, including the Whistleblower Protection Officer (see below).

Relevant telephone, email and mail contact details can be obtained by email (info@wolper.com.au) or by contacting the Hospital Reception or General Manager on 02 9328 6077. 

Any Discloser may make a report directly to the Whistleblower Protection Officer. The Whistleblower Protection Officer’s details are as follows:

Caley Schnaid – Dietitian. Email: caleyschnaid@wolper.com.au or caleyschnaid.dietitian@gmail.com

Phone no. – 0468 763188  

The Discloser should first inform the Eligible Recipient that they wish to make a report under this whistleblower policy, so that the Eligible Recipient can make appropriate arrangements in relation to confidentiality. Written communications should be marked “private and confidential – to be opened by addressee only”. 

The above procedures do not authorise any Discloser to inform commercial media or social media of their concern, and do not offer protection to any Discloser who does so, unless:

  • it is not feasible for the Discloser to report internally; or 
  • existing reporting channels have failed to deal with issues effectively.

Reports to External Bodies:

Disclosers are encouraged to report concerns to one of the Eligible Recipients in the first instance. However, the Discloser may make a report (which may be anonymous) about a Reportable Conduct directly to the Whistleblower Investigation Officer, whose details are set out on page 4 below.  Reports to the Whistleblower Investigation Officer are secure and confidential.

Information to Include in the Report:

For a report to be investigated, it must contain sufficient information to form a reasonable basis for investigation. Reports should, where possible, be in writing and contain details of:

  • the nature of the alleged breach, including the date, time and location;
  • the person or persons responsible for the breach and any other person or persons involved and possible witnesses to the events;
  • the facts on which the Discloser’s belief that a breach has occurred are founded;
  • the nature and whereabouts of any further evidence that would substantiate the Discloser’s allegations, if known; and
  • steps the Discloser or another person may have already taken to report the matter or to resolve the concern. 

Investigation of Reports:

An Eligible Recipient who receives a report under this whistleblower policy must pass the information in the report on to the Whistleblower Investigation Officer for assessment and investigation. If the Discloser has not consented to the disclosure of his or her identity:

  • the Eligible Recipient must not disclose the Discloser’s identity when the information is passed on to the Whistleblower Investigation Officer; and
  • all persons involved in handling the report must take all reasonable steps to reduce the risk that the Discloser will be identified. These steps may include, for example, ensuring that no identifying information is included in any written record of the report, ensuring that the information is kept confidential and is only accessible to those who have a need to know the information, and not taking any steps to try and identify the Discloser.

The Whistleblower Investigation Officer is responsible for assessing all reports made under this whistleblower policy, and will determine whether the report concerns a Reportable Conduct.  If the report concerns a Reportable Conduct, the Whistleblower Investigation Officer will assess whether a formal investigation of the matter is possible and/or is required, and whether the matter may be investigated or confirmed in other ways. An investigation may not be possible if the Discloser cannot be contacted or further details cannot be obtained (for example, if a report is made anonymously and no contact details are provided).  In some circumstances, the Whistleblower Investigation Officer may appoint either an appropriate internal resource or an additional external provider to assist with the investigation. 

The Whistleblower Investigation Officer’s details are:

  • Nick Hedges – Resolve HR: 
  • Hours of operation –9am to 5pm, Monday to Friday

To the extent that they include sufficient detail and are assessed as requiring investigation, reports of Reportable Conduct made under this whistleblower policy will be investigated as soon as possible after the matter has been reported.  Investigations will be conducted in a timely, thorough, confidential, objective and fair manner and as is reasonable and appropriate having regard to the nature of the Reportable Conduct and all of the circumstances. 

The investigation may involve gathering further evidence by interviewing witnesses and/or the individuals under investigation. The investigation should ensure that all relevant parties are heard, and all relevant documents are examined. In all cases, the Whistleblower Investigation Officer will take reasonable steps to maintain, and procure the maintenance by other persons of, the confidentiality of the investigation and the individuals concerned in accordance with this whistleblower policy. All information obtained will be properly secured to prevent unauthorised access.  Staff that are the subject of a disclosure will be provided with a fair opportunity to address any allegations concerning their conduct. 

Where appropriate, the Whistleblower Protection Officer will provide the Discloser with regular updates on the progress of the investigation. The frequency and timeframe may vary depending on the nature of the disclosure. A Discloser must not disclose and must keep confidential any details of the investigation, its progress or its outcome. 

Where appropriate, and where the identity of the Discloser is known, the Whistleblower Protection Officer will inform the Discloser of the outcome of an investigation into a report made by the Discloser in accordance with this whistleblower policy.  

An internal investigation following a disclosure from a whistleblower must be completed with a report of findings prepared within 90 days.

The key roles and responsibilities of the Whistleblower Protection Officer and the Whistleblower Investigation Officer are set out in Appendix 2 to this document.

Protection and Support for the Whistleblower:

Wolper Hospital is committed to ensuring that all Disclosers who make a report under this whistleblower policy are treated fairly and are not subjected to any detrimental treatment as a result of making a report. 

    • Protection of identity: Disclosers are not required to provide their name or any other identifying information when making a report under this whistleblower policy.  If a Discloser provides such details in connection with a report, they are entitled to have their identity (including any information that is likely to lead to their identification) kept confidential, except in strict circumstances provided for under the relevant laws. Where it is not possible to maintain complete anonymity in connection with an investigation, Wolper Hospital may at its discretion allow the Discloser to take a temporary leave of absence or may provide other forms of support.
    • Protection against detriment: Disclosers are entitled to protection from any actual or threatened detriment to Disclosers or to a third person (e.g. a friend, colleague, or family member) for making a relevant report. “Detriment” includes dismissal of employment, injury in employment, disadvantageous alteration to position or duties, discrimination, harassment or intimidation, harm or injury (including psychological harm), or damage of any kind (including damage to property, reputation, or business or financial position). If a Discloser believes that they have been subjected to, or threatened with being subjected to, detriment in connection with a report made under this whistleblower policy, the Disclosure should immediately report the alleged detrimental conduct to the Whistleblowing Protection Officer.  
  • Other remedies: Disclosing Persons are entitled to certain statutory immunities, including:
      • immunity from any civil, criminal or administrative legal action (including disciplinary action) for making the disclosure;
      • no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against Disclosers on the basis of the disclosure; and
  • in some circumstances, the information disclosed will not be admissible in evidence against Disclosers in criminal proceedings or in proceedings for the imposition of a penalty.

Support will be available for Disclosers include:

  • connecting the Discloser with access to the Employee Assistance Program;

and

  • connecting the Discloser with third party support providers such as e.g. Beyond Blue.

Use of these support services by a Discloser may require the Discloser to consent to disclosure of their identity or information that is likely to lead to the discovery of their identity.

Findings:

A report will be prepared which includes;

  • the allegations;
  • a statement of all relevant findings of fact and any supporting evidence;
  • the conclusions reached and their basis; and
  • recommendations to address any wrongdoing identified.

The report will be provided to the person making the allegation (with, if necessary, any applicable confidentiality stipulations) and to the Board of Directors at the next scheduled meeting following completion of the report.

Where the investigation has found that the person making the allegation made it in good faith on reasonable grounds, the GM/DCS shall be responsible for ensuring that the person suffers no employment-related disadvantage on account of their actions in this matter and to provide additional support for the person where necessary. 

The outcome of the investigation may result in disciplinary action for officers and employees up to and including dismissal without notice.  Serious criminal matters will be reported to the police or the appropriate regulatory authorities.

Wolper Hospital will ensure that all files (whether paper or electronic) relating to reports under this whistleblower policy are kept in a secure filing system that can only be accessed by the Whistleblower Protection Officer and the Whistleblower Investigation Officer. All printed material will be kept in files that are clearly marked as a ‘CONFIDENTIAL-Whistleblower Protection Matters’ and warn that unauthorised access and dissemination of information concerning a report of reportable conduct under this whistleblower policy is not permitted and may result in disciplinary and/or legal consequences. All electronic files produced will be stored securely and will be provided with password protection.

Fair treatment of persons implicated:

Any reports that implicate a Staff member of Wolper Hospital must be kept confidential, even if the Discloser has consented to the disclosure of their identity, and should only be disclosed to those persons who have a need to know the information for the proper performance of their functions under this whistleblower policy, or for the proper investigation of the report. 

No action will be taken against employees or officers who are implicated in a report under this whistleblower policy until an investigation has determined whether any allegations against them are substantiated. However, an employee or officer who is implicated may be temporarily stood down on full pay whilst an investigation is in process, or may be temporarily transferred to another office, department or workplace, if appropriate in the circumstances. Any such stand-down or temporary transfer may only continue for the duration of the investigation. If the investigation determines that the allegations are not substantiated, the employee officer must be immediately reinstated to full duties.

An employee or officer who is implicated in a disclosure has a right to be informed of the allegations against them, and must be given an opportunity to respond to those allegations and provide additional information, if relevant, in the course of an investigation into those allegations (subject to the Discloser’s right to anonymity). An employee or officer who is implicated in a report will be informed of the outcome of any investigation.

Breach of the whistleblower policy:

Breach of this whistleblower policy will be considered misconduct and may lead to disciplinary action including possible termination of employment, or engagement. An individual who breaches this whistleblower policy may also be subject to civil or criminal action.

Review of the whistleblower policy:

The Whistleblower Protection Officer or General Manager will report to the Board of Directors on an annual basis regarding the effectiveness of this whistleblower policy, and Wolper Hospital’s whistleblowing processes. All such reports shall be de-identified and shall ensure confidentiality of Disclosers.

If a report under this whistleblower policy relates to serious misconduct or involve a serious risk to Wolper Hospital, the Whistleblower Protection Officer may immediately notify the Board.

Wolper Hospital shall review this whistleblower policy, and its whistleblowing processes, on a periodic basis to ensure that it is operating effectively, and to rectify any issues identified in the review.

The Whistleblower Protection Officer shall ensure that reporting obligations relating to Public Interest Reportable Matters are complied with.

Availability of the whistleblower policy:

In addition to making this whistleblower policy accessible on its internet website, Wolper Hospital will distribute communications in relation to the policy to Staff on a regular basis, and will provide ongoing training for all Staff.

References:

Related Documents:

Riskman/ Incident Reports

Code of Conduct

Position Description 

Policy History:

  • Previous version approved November 2024, November 2025
  • Reviewed by President & GM/DCS
  • Approved by Board and Quality & Risk Committee

Appendix 1 – Protections for Whistleblowers under the Corporations Act

A Discloser may qualify for protection as a whistleblower under the Corporations Act 2001 (Cth) (Corporations Act) if they are an ‘eligible whistleblower’ in relation to Wolper Hospital, and:

  • they have made a disclosure of information relating to a ‘disclosable matter’ directly to an ‘eligible recipient’, or to Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulation Authority (APRA) or another Commonwealth body prescribed by regulation;
  • they have made a disclosure to a legal practitioner for the purposes of obtaining legal advice or legal representation about the operation of the whistleblower provisions in the Corporations Act (even in the event that the legal practitioner concludes that a disclosure does not relate to a ‘disclosable matter’); or
  • they have made an ‘emergency disclosure’ or a ‘public interest disclosure’. 

Public interest disclosures and emergency disclosures under the Corporations Act

Disclosures can be made to a journalist or a parliamentarian under certain circumstances and qualify for protection under the Corporations Act. Amongst other requirements, such disclosures must first be made to ASIC, APRA or another Commonwealth body prescribed by regulation, and a further written notice must be given to the body to whom the disclosure was initially made. 

A Discloser should obtain independent legal advice to ensure that they understand the criteria for making an emergency disclosure or a public interest disclosure that qualifies for protection.

Legal Remedies under the Corporations Act

A Discloser that suffers loss, damage or injury because of a protected disclosure may seek compensation and other remedies through the courts. A Discloser should seek independent legal advice if they wish to obtain such a remedy. A Discloser may also contact regulatory bodies such as ASIC or APRA if they believe that they have suffered Detriment due to making a report about a disclosable matter, or if there has been a breach of confidentiality such as a disclosure of their identity without their consent.

Appendix 2 – Key Roles and Responsibilities List

Whistleblower Protection Officer – the designated employee with responsibility for:

  •  accepting reports 
  • protecting Disclosing Persons from detriment 
  • ensuring fair treatment for any employees mentioned in a disclosure
  • acts as a point of escalation for Disclosing Persons if the disclosure has not been dealt with fairly or in accordance with this Policy. 

Whistleblower Investigation Officer – 

  • responsible for conducting preliminary investigations into reports received from Disclosing Persons. 
  • Interviewing witnesses
  • Making recommendations and reporting on findings