Our Whistleblower Policy

Act: Corporations Act 2001 (Cth)

Eligible Recipient: A Protected Disclosure can be made to:

• MAW’s Protected Discloser Officers or fibreHR (contact details in “Reporting” section below.)
• an auditor or member of an audit team conducting an audit of MAW;
• ASIC;
• APRA;
• a Commonwealth Authority prescribed by the regulations of the Act;
• a legal practitioner if the Protected Disclosure is made to obtain legal advice or representation concerning the operation of the whistleblower provisions in the Act; or
• otherwise in accordance with the Act in specific and strictly defined circumstances (namely a public interest or emergency disclosure).

Protected Disclosure: A Protected Disclosure is one made by a Whistleblower to an Eligible Recipient in circumstances where the Whistleblower has reasonable grounds to suspect misconduct or an improper state of affairs concerning MAW, including information that indicates that MAW or an officer or employee of MAW has engaged in conduct that constitutes an offence against, or a contravention of, a provision of one of the following:

• the Act;
• the Australian Securities and Investments Commission Act 2001 (Cth);
• the Banking Act 1959 (Cth);
• the Financial Sector (Collection of Data) Act 2001 (Cth);
• the Insurance Act 1973 (Cth);
• the Life Insurance Act 1995 (Cth);
• the National Consumer Credit Protection Act 2009 (Cth);
• the Superannuation Industry (Supervision) Act 1993 (Cth); or
• regulations or other instruments made under those laws;

or is a contravention of 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, or is prescribed by the regulations of the Act.

For the avoidance of doubt, a disclosure that relates solely to a personal work-related grievance is not a Protected Disclosure and will not qualify for protection under this Policy in accordance with the Act, this includes, for example, a grievance about:

• an interpersonal conflict with another employee;
• a decision regarding engagement, transfer or promotion;
• the terms and conditions of engagement; or
• a decision regarding suspension, termination or other disciplinary action.

A personal workplace grievance may still qualify for protection if it has significant implications for MAW beyond the individual, or if it relates to systemic misconduct.

Whistleblower: An individual is an eligible whistleblower if the individual is or has been any of the following in relation to MAW:

• an officer;
• an employee;
• a volunteer;
• an individual who supplies goods or services or their employee;
• an associate;
• a relative or dependant of the above, or of their spouse, and makes a Protected Disclosure to an Eligible Recipient.

A Whistleblower who makes a Protected Disclosure, subject to legislative exceptions, cannot be subject to:

• civil, criminal or administrative liability (including disciplinary action) for the making of the Protected Disclosure;
• contractual or any other remedies which may be enforced or exercised against the Whistleblower on the basis of making the Protected Disclosure;
• the information disclosed in the making of the Protected Disclosure being used against the Whistleblower as evidence in criminal proceedings or in proceedings for the imposition of a penalty.

However, a Whistleblower will not be immune from liability if:

• the Whistleblower has provided false information; or
• wrongful conduct engaged in by the Whistleblower is revealed by the making of the Protected Disclosure.

MAW recognises that Whistleblowers who make a Protected Disclosure may require support during the handling and investigation of that disclosure. MAW encourages the Whistleblower and any other party named as a potential wrongdoer in a Protected Disclosure, to utilise the services of MAW’s EAP provider Centre for Corporate Health (CfCH), or alternatively reach out to fibreHR for assistance as soon as possible.

Further, MAW will endeavour to ensure that the Whistleblower, and any other party named as a potential wrongdoer in a Protected Disclosure are allowed to properly respond to the allegations raised.

Support may include access to MAW’s EAP provider (Centre for Corporate Health), adjustments to working arrangements, or other protective steps as appropriate.

While MAW recognises that all Protected Disclosures are unique, it endeavours to provide a fair and thorough fact-finding investigation process, that is appropriate and reasonable to the circumstances surrounding the Protected Disclosure, to ultimately determine what has happened.

Where a Protected Disclosure has been made, MAW will conduct an investigation or undertake reasonable initial enquiries based on the information provided. Investigations will be overseen by an appropriate senior leader or external party (e.g., fibreHR) and allocated to ensure independence and management of any conflicts of interest. This may include the Whistleblower or other participants or witnesses being interviewed. However, if a Protected Disclosure has been made anonymously, anonymity may prevent MAW from taking the issue further if MAW is not able to obtain further information from the source of the disclosure or elsewhere.

Non-compliance with this policy will be viewed as a serious matter. Where an actual or suspected breach of the policy occurs, MAW may take disciplinary action up to and including termination of employment or services.