WHISTLEBLOWER POLICY
whistleblower protection POLICY
Protecting your right to speak out
Organisational Context
This policy applies to Mercy Community Services SEQ Limited, Mercy Health & Aged Care Central Queensland Limited and, Mercy Community Services North Queensland Limited (collectively referred to as Mercy Community). Mercy Community is a Catholic ministry continuing God’s mission of mercy.
Application
This policy applies to:
- all Mercy Community People – that is all employees (including Board Directors and the Executive), students, volunteers, contractors, agents and consultants engaged by Mercy Community;
- all individuals who may make, or receive, a disclosure, under the Aged Care Act 2024 (Cth), including aged care workers, residents, clients and their families and carers; and
- all Eligible Whistleblowers and Eligible Recipients under the Corporations Act 2001 (Cth).
Policy Statement
The Board is committed to encouraging the highest standards of conduct and ethical behaviour.
The whistleblower protection regimes contained within the Corporations Act 2001 (Cth) (Corporations Act) and the Aged Care Act 2024 (Cth) (Aged Care Act) apply to Mercy Community.
The purpose of this policy is to:
- encourage people to speak up and report their concerns about any misconduct or wrongdoing at Mercy Community;
- improve and promote the quality and safety of Aged Care at Mercy Community;
- ensure that people who report their concerns feel safe when doing so;
- ensure that reports of misconduct or wrongdoing are dealt with appropriately and promptly; and
- ensure that the identity of any whistleblower is kept confidential in accordance with the Act.
This policy provides a framework to help people understand when and how they can raise a concern about actual or suspected contraventions, misconduct or wrongdoing at Mercy Community.
Section 1 contains the policy in relation to possible matters under the Corporations Act.
Section 2 contains the policy in relation to possible matters under the Aged Care Act.
There may be circumstances where a disclosure will fall within both the Corporations Act and Aged Care Act provisions.
How will this policy be made available?
This policy is available on the Mercy Community intranet, SharePoint, and the Mercy Community website. To ensure that this document remains easy to understand and is able to be utilised and understood by the public, residents, clients and staff, we will make accessible versions available of Sections 1 and 2 below.
SECTION 1: MERCY COMMUNITY - CORPORATIONS ACT DISCLOSURES
The Board is committed to encouraging the highest standards of conduct and ethical behaviour.
The whistleblower protection regime contained within the Corporations Act 2001 applies to Mercy Community.
A Whistleblower is a person who, anonymously or not, reports concerns about wrongdoing or misconduct by an organisation.
A person may be an Eligible Whistleblower under the Corporations Act if that person is or has been:
- an officer or employee of Mercy Community;
- a supplier of services or goods (whether paid or unpaid) including their employees, to Mercy Community; or
- a relative, spouse or dependant of any of the above.
The Corporations Act provides protections for Eligible Whistleblowers (Whistleblowers) if they report concerns or information about certain types of misconduct or wrongdoing.
2. What concerns or information can an Eligible Whistleblower report that qualifies for protection under the Act?
A Whistleblower can report any information about Mercy Community that they have reasonable grounds to suspect concerns misconduct, or an improper state of affairs or circumstances, in relation to Mercy Community, represents a danger to the public or the financial system, or constitutes an offence such as:
- breaches the Corporations Act;
- breaches other financial sector laws enforced by ASIC; or
- breaches an offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more.
This may include, but is not limited to:
- illegal conduct such as theft, money laundering or misappropriation of funds;
- offering or accepting a bribe;
- failure to comply with, or breach of, legal or regulatory requirements;
- serious mismanagement of Mercy Community’s resources; or
- engaging in or threatening to engage in detrimental conduct against a person who has made a disclosure or is believed or suspected to have made, or be planning to make, a disclosure.
However, this does not include:
- false or vexatious disclosures (persons who make a deliberately false or vexatious report may be disciplined and/or face liability for their actions); or
- personal work-related grievances, i.e. grievances by a person in relation to their employment that has implications for them personally but does not have significant implications for Mercy Community that do not relate to that person. This does not include victimisation. Examples of grievances that may be personal work-related grievances include: interpersonal conflict, a decision relating to the engagement, transfer or promotion of a discloser, a decision relating to the terms and conditions of engagement of a discloser, a decision to suspend or terminate the engagement of, or otherwise discipline, a discloser.
3. Who can an Eligible Whistleblower report their concerns to?
To qualify for protection, a Whistleblower should report their concerns to specific people within Mercy Community who are ‘Eligible Recipients’, namely:
- the Mercy Community Whistleblower Protection Officer, being the General Counsel & Company Secretary;
- Facility Manager and members of the Executive Team; and
- internal auditors of Mercy Community.
The General Counsel & Company Secretary is not to, and will not, take receipt of reports of concerns about the Chair of the Board or any Directors. Any such reports must be directed to the Chief Executive Officer.
A Whistleblower may also report their concerns to the following external reporting channels:
- external auditors of Mercy Community;
- the Australian Securities and Investments Commission (ASIC);
- the Australian Taxation Office (ATO);
- other regulatory bodies;
- a legal practitioner for the purposes of obtaining legal advice; or
- a journalist or parliamentarian under certain circumstances (this is discussed further below).
4. How does a Whistleblower report a concern?
A Whistleblower can contact an Eligible Recipient in person, by post, via Teams, by phone or by email to an Eligible Recipient’s work email address. A person may also send an email to whistleblower@mercycs.org.au or telephone the whistleblower hotline on (07) 3267 9020 which will be monitored by the Executive Assistant to the Board and CEO who will direct the email and/or phone call to the appropriate Whistleblower Protection Officer(s) (or the CEO or Board Chair as set out further below). Such contact may be made within or outside of normal business hours. Further information is provided on the Whistleblower Protection Standard Operating Procedure.
A Whistleblower can report their concerns anonymously and still be protected under the Corporations Act. A Whistleblower can choose to remain anonymous over the course of any investigation into their concerns and after the investigation is finalised. A Whistleblower can refuse to answer questions that they feel could reveal their identity. If a Whistleblower provides their name and contact details to an Eligible Recipient, this information will be stored confidentially and securely and handled in accordance with the requirements under the Corporations Act. It is illegal for a person to identify a Whistleblower or disclose information that is likely to lead to the identification of the Whistleblower except in certain circumstances.
If a person requires further information before reporting a concern about actual or suspected misconduct, they should contact a Mercy Community Whistleblower Protection Officer.
5. Public interest disclosures and emergency disclosures
In some circumstances a “public interest” or “emergency” report of a concern can be made to a member of parliament or a qualified journalist and be protected. This may only be done for disclosures under the Corporations Act.
Public Interest Disclosure
The strict criteria that must be met for such reports to be protected are:
- the Whistleblower has already made a disclosure (i.e. reported their concern) to ASIC or a prescribed Commonwealth authority; and
- at least 90 days have elapsed since the previous disclosure/report of their concern;
- the Whistleblower does not have reasonable grounds to believe that action has been or is being taken in response to the disclosure/report;
- The Whistleblower has reasonable grounds to believe that the disclosure is in the public interest; and
- after 90 days have passed, the Whistleblower has given written notice to Mercy Community that they intend to make a “public interest” disclosure.
The extent of the information disclosed is no greater than is necessary to inform the recipient about your concerns.
Emergency Disclosure
The strict criteria that must be met for such reports to be protected are:
- the Whistleblower has already made a disclosure that qualifies for protection under the Corporations Act;
- the Whistleblower has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more individuals or to the natural environment; and
- the Whistleblower provides written notice to Mercy Community that includes information to identify the previous disclosure and states their intention to make an emergency disclosure.
The extent of the information disclosed is no greater than is necessary to inform the recipient about the substantial and imminent danger.
The person intending to make the disclosure may wish to seek independent legal advice on whistleblower protection (including whether the criteria have been met) prior to proceeding with a public interest or emergency disclosure.
6. What are the protections and support provided to a Whistleblower who meets the eligibility requirements under the Act?
The Corporations Act provides the following protections:
- identity protection for the Whistleblower (subject to limited exemptions);
- protection from victimisation;
- no civil, criminal or administrative liability (including disciplinary action) for making the report;
- no contractual or other remedy may be enforced, and no contractual or other right may be exercised against the person based on their report; and
- the information will not be admissible in evidence against the person in criminal proceedings or in proceedings for the imposition of a penalty, other than proceedings in respect of the falsity of the information.
7. What support does Mercy Community provide to a Whistleblower?
Mercy Community provides support and practical protection for Whistleblowers, including:
- taking measures reasonably practicable to ensure the Whistleblower does not experience any victimisation because of their report and Whistleblowers who believe they have suffered victimisation are encouraged to seek independent legal advice;
- protecting the confidentiality of their identity;
- providing a support person who will support the Whistleblower throughout the investigation process; and
- providing access to an Employee Assistance Scheme.
A report of a concern by a Whistleblower can qualify for protection even if the concern turns out to be incorrect.
Where a Whistleblower is implicated in any wrongdoing, the Whistleblower will not be protected from the consequences flowing from their involvement in the wrongdoing itself. A person’s liability for their own conduct is not affected by their reporting of that conduct under this policy.
8. How will reports of misconduct or wrongdoing be investigated?
If a Whistleblower reports their concerns to an Eligible Recipient other than a Whistleblower Protection Officer, that report will be sent to a Whistleblower Protection Officer. Should a Whistleblower Protection Officer be the subject of the disclosure, the CEO may assume Whistleblower Protection Officer responsibilities. If the CEO is the subject of the Whistleblower’s report, the Board Chair may assume their responsibilities.
Subsequently, the Whistleblower Protection Officer(s) (or the CEO or Board Chair if they have assumed the Whistleblower Protection Officer responsibilities) will:
- appoint a suitable investigator who must, in a timely manner, conduct an investigation in an objective manner and prepare a report of findings and present those findings to the Whistleblower Protection Officer (or the CEO or Board Chair where appropriate) who will ensure the report is appropriately escalated;
- determine if and when it is appropriate for the person or persons the subject of the Whistleblower’s concerns to be made aware of the matter;
- keep the Whistleblower appropriately informed if they can be contacted and provide them with a support person and encourage them to access the Employee Assistance Program; and
- record the Whistleblower’s concerns in a register with restricted access.
Any person participating in the investigation of any concerns reported by a Whistleblower are required to keep confidential any and all relevant information. All investigation materials are to be stored securely and disclosure of all information relating to a report will be limited to those directly involved in managing and investigating the report.
Mercy Community will ensure fair treatment of individuals mentioned in any information or concerns reported by a Whistleblower under this policy by:
- maintaining confidentiality;
- ensuring that a suitable support person for the individual(s) mentioned is made available, and they will be present during communications with the individual;
- the support person must ensure that they are fully aware of the requirements within this policy, especially the aspects regarding confidentiality and protection of the Whistleblower; and
- the support person must ensure the individuals involved are offered access to the confidential and independent Employee Assistance Programs.
All reports made by Whistleblowers will be investigated appropriately and in accordance with this policy and the Corporations Act.
The Whistleblower Protection Officer(s) will advise the CEO (or the Board Chair if the CEO is the subject of the Whistleblower’s report) of all matters under investigation and reports prepared in the course of the investigation will be shared with the Executive Team members and Board of Directors responsible for Governance, where appropriate. The CEO (or the Board Chair if the CEO is the subject of the Whistleblower’s report) will determine an appropriate response to the report.
SECTION 2 – AGED CARE ACT DISCLOSURES
Mercy Community is committed to fostering a culture of transparency, integrity, and accountability in aged care. We recognise the importance of providing a safe and supportive environment where individuals feel empowered to speak up about concerns without fear of reprisal.
Under the Aged Care Act, individuals, including older people, their families, carers, staff, volunteers, and others, can choose to have their complaint about aged care services treated as a whistleblower complaint.
This document explains:
- who can make a whistleblower complaint;
- what you can complaint about;
- why elect to have your complaint treated as a whistleblower complaint;
- protections when making a whistleblower complaint;
- how you can make a complaint; and
- alternative complaint/feedback pathways.
1. Who Can Make a Whistleblower Complaint?
Any individual who has reasonable grounds to suspect a breach of the Aged Care Act can make a whistleblower complaint. This includes:
- a resident in aged care;
- a family member, friend or carer;
- a regular visitor or volunteer;
- an independent advocate or representative;
- an aged care worker, contractor or staff member; or
- a member of the public.
2. What Can You Complain About?
A whistleblower complaint can be made when you have reasonable grounds to suspect that something is wrong or unlawful in the delivery of aged care services. This includes concerns about:
- a breach of the Aged Care Act or the Aged Care Rules 2025;
- abuse, neglect or mistreatment of residents/clients;
- unsafe or unhygienic care practices;
- staff misconduct, dishonesty or unethical behaviour;
- providing skills or services without the appropriate skills or qualifications;
- cover-ups or failure to act on risks or complaints;
- fraud, corruption or illegal activity in the aged care service; or
- threatening others who have made a whistleblower complaint or who is planning to make one.
3. Why Elect the Whistleblower Complaint Pathway?
Choosing to have your complaint treated as a whistleblower complaint provides additional protections and safeguards under the Aged Care Act. This pathway is designed to support individuals who raise serious concerns about aged care services, especially where there may be risks of retaliation or systemic issues.
You may elect the whistleblower pathway for your complaint for the following reasons:
- you believe the issue is serious, unlawful, or puts someone’s health or safety at risk;
- you are worried about being treated unfairly, ignored, or punished for speaking up;
- you have tried to raise the issue before, but nothing changed; or
- you are concerned Mercy Community or a staff member may try to cover up the issue.
Whistleblower complaints can be made without needing to provide proof, you only need to have a reasonable suspicion that something is wrong. You are protected by law when making a disclosure in good faith, including protection from victimisation or legal consequences. You may also choose to make your complaint anonymously, or request that your identity be kept confidential, unless you give permission for it to be shared.
What Protections Do You Have?
If you choose to make a whistleblower complaint, you are entitled to legal protections. These protections include:
- protection from retaliation: You can’t be dismissed, sued or treated unfairly for speaking up;
- confidentiality and anonymity: Your name does not have to be shared unless you agree to it; and
- legal immunity: You are protected from civil, criminal, or administrative liability for making a disclosure in good faith. This includes protection from breach of contract claims.
Anyone who discloses your identity without permission may face legal penalties. Additionally, you are protected even if the issue turns out not to breach the Aged Care Act if your complaint was made honestly and in good faith.
These protections are designed to encourage people to speak up about serious issues without fear of reprisal, and to ensure that whistleblower complaints are handled respectfully and in accordance with the Aged Care Act.
Who can I make a Whistleblower complaint to?
If you wish to make a whistleblower complaint, you can contact (either orally or in writing) any of the following:
- the Mercy Community Whistleblower Protection Officer, who is the General Counsel & Company Secretary via whistleblower@mercycs.org.au or a phone call to the Whistleblower hotline on (07) 3267 9020;
- an Aged Care worker of Mercy Community (as defined in the Aged Care Act);
- a member of the Board of Directors;
- a member of the Executive Team; or
- Mercy Community (the organisation).
You can also make your complaint to the following external reporting channels:
- the Aged Care Quality and Safety Commission;
- the System Governor, or an official of the Commonwealth Department of Health, Disability and Ageing;
- a police officer; or
- an independent aged care advocate.
Alternative Complaint/Feedback Pathways
(a) Can I Use the Normal Complaints Pathway Instead?
Yes. If you do not have concerns about raising your issue directly, you can also use the standard complaints process. This may be suitable if you are not worried about retaliation or having your identity protected, but still want the issue addressed.
If you want to provide a complaint via the usual process, please email: feedback@mercycommunity.org.au
(b) Just Want to Give Feedback?
If your concern isn’t serious or urgent, but you’d still like to share your experience, you can provide feedback instead. We welcome all voices and ideas for improvement.
If you want to provide feedback please go here: feedback@mercycommunity.org.au.
References
In this policy, the following words have the following meanings:
Discloser means an individual who discloses wrongdoing or an Eligible Whistleblower.
Eligible Recipient means an individual who can receive a disclosure.
Eligible Whistleblower means an individual to whom the whistleblower protections apply.
Journalist means a person who is working in a professional capacity as a journalist for:
- a newspaper or magazine;
- a radio or television broadcasting service; or
- an electronic service that is operated on a commercial basis or by a body that provides a national broadcasting service and is similar to a newspaper, magazine or television broadcast.
For the avoidance of doubt, public disclosures on social media or through the provision of material to self-defined journalists are not protected.
Victimisation means causing or threatening to cause any detriment including, but not limited to, injury, dismissal, disciplinary action, demotion, harassment of any form, discrimination, or intimidation.
References
Related Documents
GOV SOP Whistleblower Protection
