Whistleblowers

As part of our commitment to assisting registered organisations, the ROC is focused on providing registered organisations with guidance materials that assist them to effectively respond to reports of Disclosable Conduct. 

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Whistleblower policy template

Encouraging people within registered organisations to speak up in relation to their concerns is an important part of ensuring that their organisation is run according to its rules and policies.

Having a whistleblower policy which outlines the processes and protections in place when raising matters is one way to increase the likelihood that members and others will raise matters early so that the organisation can take appropriate action.

A registered organisation or branch that wishes to use the Whistleblower policy template needs to carefully consider the contents of the template policy and amend as required to fit with the resources and structure of the organisation or branch.

In considering the policy, each organisation is reminded to take into account whether it will be able to effectively comply with the provisions of the policy, and how the organisation or branch will implement the policy and educate officers, employees and members about the policy.

Whistleblower policy template for registered organisations (DOCX 142.6KB)

     
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Fact sheets

Fact sheet: Whistleblower disclosures (PDF 209.1KB)

This fact sheet outlines what an eligible disclosure is and the protections available for disclosures

Fact sheet: Penalties for taking a reprisal against a whistleblower (PDF 236.9KB)

This fact sheet details the type of conduct that may amount to a reprisal, as well as the penalties for taking reprisals because of a disclosure.

Fact sheet: Protection for whistleblowers: what disclosers need to know (PDF 143.8KB)

This fact sheet explains to a discloser what protections there are and when they apply.

     
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Guidance notes

Guide for registered organisations receiving reports of disclosable conduct (PDF 210.9KB)

Designated official and manager's guide to handling matters within registered organisation (PDF 362.4KB)

Discloser's guide to raising concerns with registered organisations (PDF 808.8KB)

     
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Investigation templates

The ROC has developed templates to assist registered organisations to investigate allegations of misconduct. A registered organisation who wishes to use the template documents need to carefully consider its contents and amend the templates as required to fit the procedures, resources and structure of the organisation or branch.

Investigation plan (DOCX 133.1KB)

Notice of investigation commencing (DOCX 149.6KB)

Notice to attend interview (DOCX 147.1KB)

     
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Checklists

Investigation checklist (DOCX 139.3KB) 
     
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Infographic

Reporting disclosable conduct (PDF 348.7KB) 
     
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Podcast

Episode 6: Spotlight on whistleblower disclosures
     
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Videos

Officer's Duties

An allegation that an officer has breached an officer's duty under the RO Act may be a protected disclosure, depending on the circumstances of the disclosure. This video provides an example of the duty of officers to act with care and diligence in relation to the financial management of the organisation (s. 285 of the RO Act).

Please note: This video refers to penalty unit amounts. On 1 July 2020 the value of a penalty unit was increased to $222. The current penalties in the below video are 100 penalty units for individuals ($22 200) and 1,200 penalty units for a serious contravention ($266 400).

 

Illegitimate Payments

An allegation that an organisation and/or its officers and employees have made or received a cash or in kind payment to a union, or a union's prohibited beneficiary may be a protected disclosure, depending on the circumstances of the disclosure. This video explains what an illegitimate payment is and why this is an offence under section 536G of the Fair Work Act.

Please note: This video refers to penalty unit amounts. On 1 July 2020 the value of a penalty unit was increased to $222. The current penalties in the below video are 500 penalty units for an individual ($111 000) and 2500 penalty units for a body corporate ($555 000).

 

Corrupting Benefits

An allegation that an organisation and/or its officers and employees has given, received or solicited a corrupting benefit may be a protected disclosure, depending on the circumstances of the disclosure. This video explains what a corrupting benefit is and why this is an offence under section 536D of the Fair Work Act.

Please note: This video refers to penalty unit amounts. On 1 July 2020 the value of a penalty unit was increased to $222. The penalties in this video are no longer up to date.  The current penalties in the below video are 5000 penalty units for an individual ($1 110 000) and 25 000 penalty units for a body corporate ($5 550 000).