This policy explains how a whistleblower can make a protected disclosure of suspected misconduct or improper state of affairs at Hearts of Hope Foundation, the protections available to a person who does so, and how the Foundation investigates and responds.
The Foundation is committed to a culture in which concerns about wrongdoing can be raised honestly and without fear of reprisal. Where the law gives a whistleblower specific statutory protections in particular under Part 9.4AAA of the Corporations Act 2001 (Cth) and the tax-whistleblower regime in Part IVD of the Taxation Administration Act 1953 (Cth) those protections apply in addition to anything in this policy.
This policy applies to Islamic Aid Worldwide Project Ltd (trading as Hearts of Hope Foundation) and to any subsidiary, related entity, or controlled program of the Foundation. It applies to disclosures about the conduct of any director, officer, employee, contractor, volunteer, supplier, or partner of the Foundation, where the disclosure relates to a matter within the scope of § 03 What can be disclosed.
A protected disclosure under Part 9.4AAA of the Corporations Act can be made by an “eligible whistleblower” broadly, an officer, employee, contractor (and their employees), supplier (and their employees), or relative or dependant of any of the above. This policy extends the same protections, on a voluntary best-practice basis, to any volunteer, partner, beneficiary, donor, or member of the public who makes a disclosure in good faith about the Foundation.
You can make a protected disclosure if you have reasonable grounds to suspect that:
You do not need to be certain of your suspicion. A disclosure is protected so long as it is made on reasonable grounds and in good faith. Personal work-related grievances (e.g. an interpersonal dispute that does not involve a contravention of law or Foundation policy) are handled under the Complaints Policy rather than under this whistleblower policy.
A protected disclosure under this policy can be made to any of the following:
A disclosure may also be made to a legal practitioner for the purpose of obtaining legal advice or legal representation about the operation of the whistleblower regime. That kind of disclosure is itself protected.
A disclosure may be made by email, by post, or in a face-to-face meeting requested by the discloser. To support investigation, please include to the extent you reasonably can:
You can make a disclosure anonymously. If you do, please note that anonymous disclosures may limit the Foundation's ability to investigate, ask follow-up questions, or report back to you on outcomes but the disclosure will still be acted on to the extent possible.
Quickest contact route: email whistleblower@heartsofhope.org.au with the subject line “Whistleblower disclosure confidential”.
A person who makes a protected disclosure under this policy is entitled to protection from:
Causing detriment to a whistleblower, or threatening to do so, is itself a breach of this policy and may be a criminal offence under Part 9.4AAA of the Corporations Act. Any person who breaches this protection is subject to disciplinary action up to and including termination, and may be reported to the relevant regulator.
The Foundation will not disclose the identity of a whistleblower, or any information from which their identity could be inferred, except:
The Foundation may disclose information that has been included in a disclosure (without identifying the whistleblower) to the extent reasonably necessary to investigate the matter. Any person who receives information in connection with a disclosure is required to keep that information confidential on the same terms as the recipient.
On receiving a disclosure, the Whistleblower Protection Officer will:
A person against whom an allegation is made will be given a fair opportunity to respond, in accordance with the principles of procedural fairness, except where doing so would compromise the investigation or the safety of any person.
The board receives a quarterly summary of disclosures received under this policy, in a form that does not identify the whistleblower. Significant or urgent matters are reported to the chair (or a nominated non-conflicted director) immediately.
On conclusion of an investigation, the Foundation will, where appropriate:
A whistleblower can and in some circumstances should make a protected disclosure directly to an external regulator instead of, or in addition to, the Foundation:
This policy is reviewed at least every two years and on any material change in the law. Material changes are flagged at the top of this page for at least 30 days following the change.
Email whistleblower@heartsofhope.org.au with the subject line “Whistleblower disclosure confidential”. You can also raise a concern with the ACNC at any time.