Whistleblowing policy

The purpose of this policy is to detail how serious wrongdoing, illegal, unethical, or inappropriate behaviour and practices are to be addressed and controlled by UniSaver, in compliance with the Protected Disclosures (Protection of Whistleblowers) Act 2022.

This document is to enable staff, service providers and other representatives of the scheme to report suspected or actual occurrence(s) of these kinds of activity without retribution.

It also explains what is meant by a whistleblower and why it is necessary to have a policy in place protecting those who engage in whistleblowing.

The dictionary defines whistleblowing as:

“The disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other serious wrongdoing.”

Examples of behaviour or activities that would be serious wrongdoing include:

• unlawful or corrupt conduct
• fraudulent activity
• a substantial mismanagement of organisational resources
• conduct involving substantial risk to public health or safety
• conduct involving substantial risk to the environment
• conduct damaging the reputation of the scheme
• conduct intended to injure or jeopardise the business of the organisation, whether or not that injury or harm actually eventuates

that would, if proven, constitute:

• a criminal offence
• conduct unbecoming of a representative or employee of the scheme
• conduct than is reasonably likely to damage the reputation of the scheme, or
• create reasonable grounds for disciplinary action.

Whistleblowing procedure

1. The Whistleblower should promptly report the suspected or actual event to the Chair or Licensed Independent Trustee.

2. If the Whistleblower would be uncomfortable or otherwise reluctant to report to the Chair or Licensed Independent Trustee, then the Whistleblower could report the event to the one of the other Board members. 

3. The Whistleblower can report the event with his/her identity or anonymously. Maintaining confidentiality is crucial in ensuring reprisals are not made against a whistleblower. The scheme must take all reasonable steps to attempt to maintain the confidentiality of a person they know or suspect to have made a disclosure.

4. In the course of any investigation, the scheme will strive to keep the identity of the complaining individual as confidential as possible, while conducting an adequate review and investigation.  

5. The Whistleblower shall receive no retaliation or retribution for a report that was provided in good faith – that was not done primarily with malice to damage another or the scheme.

6. A Whistleblower who makes a report that is not done in good faith could be subject to discipline, including termination of the Director or employee relationship, or other legal means to protect the reputation of the scheme.

7. Anyone who retaliates against the Whistleblower (who reported an event in good faith) could be subject to discipline, including termination of employment or contractual remedies (in relation to service providers).

8. Crimes against person or property, such as assault, rape, burglary, etc., should immediately be reported to the police.

9. Board members who receive the reports must promptly act to investigate and/or resolve the issue. The investigation process should include timelines for acknowledging the receipt of a report, conducting the investigation, and providing feedback to the whistleblower.

10. The Whistleblower shall receive a report within five business days of the initial whistleblower report, regarding the investigation, disposition or resolution of the issue.

11. If the investigation of a report, made in good faith and investigated by the scheme, is not to the Whistleblower’s satisfaction, they have the right to report the event to an appropriate external authority, as provided by the Protected Disclosures (Protection of Whistleblowers) Act 2022.

12. The identity of the Whistleblower, if known, shall remain confidential to those persons directly involved in applying this policy, unless the issue requires investigation by the police or other appropriate authority.

UniSaver will provide a copy of this policy to its outsourced providers.

Adopted by the trustee on 13 May 2025. To be reviewed by the trustee at its Board meeting in May 2028.