Whistleblower Policy

Whistleblower Policy

Purpose

The purpose of this policy is to provide information relating to whistleblowers’ disclosure of concerns in Australia

Scope

This policy applies to all eligible whistleblowers within Navantia Australia.

Policy statement

Navantia Australia holds a strong commitment to ethical behaviour and encourages teamwork and accountability in all aspects of its operations. Relationships built on trust and honesty underpin the people of Navantia Australia. Accordingly, we encourage the disclosure and reporting of concerns regarding unethical behaviour, illegal or fraudulent conduct, and other reportable disclosures. Protections are available to persons who make a disclosure and all disclosures can be made confidentially.

Responsibilities

Whistleblowers

To encourage people to come forward with concerns regarding misconduct and or danger to the public, or community, an eligible whistleblower has protections and rights under the Corporation Act 2001 (Corporations Act). While you do not have to provide any personal identifying details, and you can be anonymous; to be an eligible whistleblower and access the protections as you must meet one of the below requirements:

  • employee of the company or organisation your disclosure is about, or a related company or organisation
  • officer (usually that means a director or company secretary) of the company or organisation your disclosure is about, or a related company or organisation
  • contractor, or an employee of a contractor, who has supplied goods or services to the company or organisation your disclosure is about, or a related company or organisation. This can be either paid or unpaid, and can include volunteers
  • associate of the company or organisation, usually a person with whom the company or organisation acts in concert
  • trustee, custodian or investment manager of a superannuation entity, or an officer, employee, or a goods or service provider to a trustee, custodian, investment manager, or
  • spouse, relative or dependant of one of the people referred to above.Whether you choose to make your disclosure anonymously or provide identifying details, for eligible whistleblower protections you must make the disclosure to:
    • A company Director, company secretary, company officer, or senior manager of the company or organisation, or a related company or organisation
    • An auditor, or a member of the audit team, of the company or organisation, or a related company or organisation
    • An actuary of the company or organisation, or a related company or organisation
    • Australian Securities and Investments Commission (ASIC) or the Australian Prudential Regulation Authority (APRA), or
    • Your lawyer
    • Journalists and members of Commonwealth, state or territory parliaments (parliamentarians), under certain circumstances.

Protections are given to eligible whistleblowers under the Corporations Act from:

  • Criminal prosecution (and the disclosure cannot be used against the whistleblower in a prosecution, unless the disclosure is false)
  • Civil litigation (such as for breach of an employment contract, duty of confidentiality, or other contractual obligation), or
  • Administrative action (including disciplinary action).
  • Detrimental conduct against you as a result of the whistleblowing

Investigation

When aware of a disclosure, Navantia Australia will appoint an investigator to conduct an initial review of the disclosure and provide a report of the disclosure investigation and recommendations for any further actions required.

Investigations will be fair and objective.

The Company

Navantia Australia endeavours to protect and support those involved in whistleblowing and is committed to:

  • Maintaining confidentiality
  • Conducting fair and objective investigations
  • Protecting whistleblowers from victimisation and detriment.

All disclosures and investigations will be monitored and persons concerned about victimisation or detriment can contact their Manager or Human Resources and action will be taken accordingly. The consequences of victimisation or detriment may be disciplinary actions such as suspension, and/or termination of employment. Some consequences may result in additional civil or criminal penalties.

Navantia Australia provides the Employee Assistance Program (EAP) through People Sense who are available for confidential phone calls and/or face-to-face meetings.

Civil and Criminal Penalties

Civil penalties

A breach in confidentiality of identity or victimisation of a whistleblower could result in $1,050,000, 3x derived benefit or detriment avoided for individuals; and $10,050,000, 3x derived benefit, detriment avoided, or 10% of annual turnover.

Criminal penalties

Breach of confidentiality of identity or victimisation of a whistleblower could result in up to 2 years in prison, 120 penalty units or both.

References

Corporations Act 2001

Definitions

Whistleblowing Disclosure by an individual of information regarding Navantia Australia.
Whistleblower Individual who makes a protected disclosure in accordance with the Act.
The Company Navantia Australia Pty Ltd

Availability of the policy

This policy is available on the Navantia Australia WIKI, public website and a copy may be obtained by contacting navantia.australia@navantia.es