Now Finance Group Pty Ltd (NOW Finance) is committed to:
• maintaining a workplace free of wrongdoing;
• operating in accordance with our Employee Code of Conduct;
• operating legally, in accordance with applicable legislation and regulations;
• acting properly, in accordance with our policies and procedures;
• acting ethically, in accordance with recognised ethical principles; and
• investigating and addressing all instances of reported wrongdoing.
Employees are expected to cooperate with NOW Finance in maintaining legal, proper, and ethical operations, including reporting non-compliant actions by other people, if necessary. NOW Finance supports a culture where people can report non-compliant or unethical behaviour without fear of reprisal.
NOW Finance is committed to investigating and addressing all instances of reported wrongdoing, treat all staff involved fairly and to keep all staff involved informed of developments in relation to the reported wrongdoing where it is appropriate to do so.
This Policy is an important tool for helping NOW Finance to identify wrongdoing that may not be uncovered unless there is a safe and secure means for disclosing wrongdoing.
We want to encourage our employees and other people associated with NOW Finance who are aware of possible wrongdoing to have the confidence to speak up.
NOW Finance’s Enterprise Risk Committee has oversight of this Policy. NOW Finance’s General Counsel has overall responsibility for this Policy and should be consulted if you have any questions.
This Policy specifically addresses the protections to whistleblowers offered by the Corporations Act 2001 (Cth) (Corporations Act). Relevant tax legislation also offers protection in relation to taxation matters and more details of these can be found on the webpage of the Australian Taxation Office on https://www.ato.gov.au/general/gen/whistleblowers/. This Policy applies to all current and former NOW Finance officers, employees, contractors and contractor’s employees working for NOW Finance and any Whistleblower outside of NOW Finance who is in one of the categories of people set out in clause 4.
This Policy defines such a person as an “eligible whistleblower”.
Under this Policy, an eligible whistleblower who will qualify for protection under this Policy is:
• a current or former officer or employee of NOW Finance e.g. current and former employees who are permanent, part-time, fixed-term or temporary, interns, secondees, managers, and directors;
• a current or former supplier of services or goods to NOW Finance (whether paid or unpaid), including their employees e.g. current and former contractors, consultants, service providers and business partners;
• an associate of NOW Finance;
• relatives, dependants or spouses of the above
A report that meets all of the above criteria is a Protected Report.
If a report doesn’t meet the above criteria, Now Finance still encourages individuals to raise their concerns. However, only Protected Reports receive the legal protections outlined in this Policy.
6. The matters that this Policy applies to
6.1 Disclosable matters
This Policy applies to disclosures about certain types of matters (disclosable matters) that qualify for protection. If an eligible whistleblower makes a disclosure of a disclosable matter to an eligible recipient or certain other parties as set out in Annexure A, they will be protected under this Policy.
Disclosable matters involve information that the eligible whistleblower has reasonable grounds to suspect concerns:
• misconduct involving fraud, negligence, default, breach of trust or breach of duty, corruption, or an improper state of affairs or circumstances;
• is an offence against, or a contravention of the Corporations Act 2001, the Australian Securities and Investment Commission Act 2001, the Banking Act 1959, the Financial Sector (Collection of Data) Act 2001, the Insurance Act 1973, the Life Insurance Act 1995, the National Consumer Credit Protection Act 2009, the Superannuation Industry (Supervision) Act 1993; or any other State or Commonwealth law;
• represents a danger to the public (eg public safety) or the financial system (including conduct which does not breach a particular law);
• is prescribed by regulation; or
• is about misconduct or an improper state of affairs or circumstances in relation to the tax affairs of NOW Finance which may assist to perform the functions or duties in relation to the tax affairs of NOW Finance.
Examples of conduct which could be a disclosable matter in relation to NOW Finance include:
• illegal activity such as theft, drug sale or use, violence, harassment or intimidation, criminal damage to property or other breaches of State or Federal law;
• fraud, money laundering, misappropriation of funds or financial irregularities including in relation to the tax affairs of NOW Finance;
• dishonest, fraudulent or corrupt activity, including bribery or other activity in breach of the NOW Finance Employee Code of Conduct (such a person improperly using information or improperly using their position);
• failure to comply with, or breach of, legal or regulatory requirements;
• 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;
• unethical behaviour or behaviour in breach of NOW Finance’s policies (such as dishonestly altering company records or data, adopting questionable accounting practices or deliberately breaching NOW Finance’s Employee Code of Conduct or other policies or procedures);
• activity resulting in financial loss to NOW Finance or which damages its reputation or is otherwise detrimental to NOW Finance’s interests;
• conduct representing a significant risk to public safety or the stability of, or confidence in, the financial system;
• any activity potentially damaging to NOW Finance, a NOW Finance employee or a third party, such as unsafe work practices, environmental damage, health risks or abuse of NOW Finance property or resources (such as not responding appropriately to a serious safety issue); and
• any activity that amounts to an abuse of authority or any other kind of serious offensiveness.
Disclosable matters include conduct that may not necessarily involve a contravention of a particular law, but may nevertheless constitute conduct that is inappropriate.
An eligible whistleblower can still qualify for protection even if their disclosure turns out to be incorrect.
NOW Finance regards any wrongdoing that is capable of harming or threatening the interests of NOW Finance or our employees as “disclosable misconduct” and therefore a disclosable matter.
However, not all inappropriate or unacceptable behaviour is “disclosable”. Some matters will be relatively minor and insignificant and do not warrant disclosing under this Policy. Others will be personal, work-related grievances (see section 6.2 below), which are not disclosable and are not captured by the Policy – they are matters to be taken up with NOW Finance’s Chief People Officer.
Disclosures that are not disclosable matters do not qualify for protection under this Policy.
For example, complaints regarding occupational health and safety issues should, where possible, be made to NOW Finance’s Chief People Officer.
A personal work-related grievance is a grievance about a person’s current or former employment that has or tends to have personal implications for a person but does not:
1- have any other significant implications for NOW Finance; or
2- relate to any conduct, or alleged conduct, about a disclosable matter.
Examples of personal work-related grievances which do not qualify for protection include:
• an interpersonal conflict between a person and another employee;
• a decision that does not involve a breach of workplace laws;
• a decision about the engagement, transfer or promotion of a person;
• a decision about the terms and conditions of engagement of a person; or
• a decision to suspend or terminate the engagement of a person, or otherwise to discipline a person.
A personal work-related grievance may still qualify for protection if:
• it includes information about wrongdoing, or information about wrongdoing includes or is accompanied by a personal work-related grievance (a “mixed report”);
• NOW Finance has breached employment or other laws, engaged in conduct that represents a danger to the public, or the disclosure relates to information that suggests wrongdoing beyond the eligible whistleblower’s personal circumstances;
• the eligible whistleblower suffers from or is threatened with detriment for making a disclosure; or
• the eligible whistleblower seeks legal advice or legal representation about the operation of the eligible whistleblower protections.
If you have a personal work-related grievance or other type of issues or concerns that are not covered by this Policy, then you should raise the matter with NOW Finance’s Chief People Officer or seek independent legal advice about your rights and protections under employment or contract law to resolve your personal work-related grievances.
6.3 Discouraging false reporting
We discourage deliberate false reporting i.e. a report that the eligible whistleblower knows to be untrue. However, we encourage anyone to make a report where an eligible whistleblower has some information leading to a suspicion, but not all the details.
The Your Call Whistleblowing Hotline is authorised by NOW Finance to receive reports that may qualify for protection.
Reports may also be made in person, in writing, verbally or over the phone directly to one of the other people listed in Annexure A.
7.2 Reporting to External Bodies (including journalists and parliamentarians)
Individuals can make disclosures to certain other parties external to NOW Finance described below, without making a prior disclosure to NOW Finance. However, we would encourage them to disclose the matter to us first. NOW Finance would like to identify and address wrongdoing as early as possible, and our approach is intended to build confidence and trust in this Policy and its processes and procedures.
However, the outcome of an internal investigation about a whistleblower disclosure, does not prohibit anyone from making a further report externally to NOW Finance, to one of those people or bodies described in Annexure A (including an auditor, actuary, ASIC, APRA, the Commissioner of Taxation).Individuals may also make a Public Interest Disclosure or an Emergency Disclosure to a member of parliament or a journalist under certain circumstances.
(a) The public interest disclosure
A ‘public interest disclosure’ is the disclosure of information to a journalist or a parliamentarian, where:
1- at least 90 days have passed since the eligible whistleblower made the disclosure to ASIC, APRA, ATO or another external regulatory body;
2- the eligible whistleblower does not have reasonable grounds to believe that action is being, or has been taken, in relation to their disclosure;
3- the eligible whistleblower has reasonable grounds to believe that making a further disclosure of the information is in the public interest; and
4- before making the public interest disclosure, the eligible whistleblower has given written notice to the body to which the previous disclosure was made that:
a) includes sufficient information to identify the previous disclosure; and
b) states that the eligible whistleblower intends to make a public interest disclosure.
(b) The emergency disclosure
An ‘emergency disclosure’ is the disclosure of information to a journalist or a parliamentarian, where:
1- the eligible whistleblower has previously made a disclosure of the information to ASIC, APRA, ATO or another external regulatory body;
2- the eligible whistleblower has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment;
3- before making the emergency disclosure, the eligible whistleblower has given written notice to the body to which the previous disclosure was made that:
a) includes sufficient information to identify the previous disclosure; and
b) states that the eligible whistleblower intends to make an emergency disclosure; and
c) the extent of the information disclosed in the emergency disclosure is no greater than is necessary to inform the journalist or parliamentarian of the substantial and imminent danger.
It is important for the eligible whistleblower to understand the criteria for making a public interest or emergency disclosure. Whistleblowers are therefore encouraged to contact an independent legal adviser before making a public interest disclosure or an emergency disclosure to ensure that their disclosure qualifies as a protected disclosure.
7.3 Anonymous disclosures
An anonymous disclosure is protected under this Policy.
An eligible whistleblower can choose to remain anonymous while making a disclosure, over the course of the investigation and after the investigation is finalised. An eligible whistleblower can refuse to answer questions that they feel could reveal their identity at any time, including during follow-up conversations.
An eligible whistleblower who wishes to remain anonymous is encouraged to maintain ongoing two-way communication with NOW Finance, so NOW Finance can ask follow-up questions or provide feedback and properly investigate the disclosure.
An eligible whistleblower may adopt a pseudonym for the purpose of their disclosure— this may be appropriate in circumstances where the whistleblower’s identity is known to their supervisor, or to the person to whom the disclosure is made, but the whistleblower prefers not to disclose their identity to others. When reporting through the YourCall Report Centre, whistleblowers can choose to conceal their identity from either YourCall, Now Finance, or both YourCall and Now Finance.
The WPO is responsible for:
• receiving disclosures that qualify for protection (as an eligible person on the list in Annexure A);
• fostering a supportive work environment;
• making an immediate assessment of the welfare and protection needs of a whistleblower;
• making the whistleblower aware of the support and protection available;
• keeping the identity of the whistleblower confidential if they have asked to remain anonymous;
• remaining alert to any intimidation or victimisation of a whistleblower, and taking appropriate action; and
• informing the whistleblower how NOW Finance will ensure that intimidation or victimisation is dealt with.
1- they have made a disclosure of information relating to a disclosable matter directly to Your Call, or one of the people listed in Annexure A; or
2- they have made a disclosure to a legal practitioner for the purposes of obtaining legal advice or legal representation about the operation of the whistleblower provisions in the Corporations Act; or
3- they have made an ‘emergency disclosure’ or ‘public interest disclosure’ in accordance with section 7.2 above.
NOW Finance will provide support and protection to whistleblowers, and the person reporting a matter will not suffer any consequences from NOW Finance on account of their actions in this regard provided that they:
• have reasonable grounds to believe that the wrongdoing has occurred; and
• have made a report in accordance with this Policy.
Note that:
• as far as is reasonably practicable, NOW Finance will protect eligible whistleblowers and ensure that they will not be disadvantaged for the act of making a disclosure; but
• reporting such a disclosable matter does not necessarily absolve the reporter from the consequences of any involvement on their part in the wrongdoing.
A person can still qualify for protection even if their disclosure turns out to be incorrect. Where the investigation has found that the disclosure was incorrect however the person made the allegation on reasonable grounds, NOW Finance’s Chief People Officer will be responsible for ensuring that the person will be protected and suffers no detriment on account of their actions and to provide additional support for the person where necessary.
There is an exception if a person discloses the identity of the whistleblower:
1- to ASIC, APRA, the ATO or a member of the Australian Federal Police;
2- to a legal practitioner (for the purposes of obtaining legal advice or legal representation about the whistleblower provisions); or
3- with the consent of the whistleblower.
A person can disclose the information contained in a disclosure with or without the whistleblower’s consent if:
1- the information does not include the whistleblower’s identity;
2- NOW Finance has taken all reasonable steps to reduce the risk that the whistleblower will be identified from the information; and
3- it is reasonably necessary for investigating the issues raised in the disclosure.
It is illegal for a person to identify a whistleblower or disclose information that is likely to lead to the identification of the whistleblower, outside the exceptions noted above. A whistleblower can lodge a complaint with NOW Finance about a breach of confidentiality to the WPO, or may lodge a complaint with a regulator, such as ASIC, APRA or the ATO, for investigation. The release of information in breach of this Policy will be regarded as a serious matter and may be the subject of disciplinary action up to and including dismissal or termination of engagement.
‘Detriment’ includes, dismissal, injury in the person’s employment, alteration of an employee’s position or duties, discrimination, harassment, intimidation, harm or injury (including psychological harm), damage to a person’s property, damage to a person’s reputation, damage to a person’s business or financial position or any other damage.
Examples of actions that may be detrimental acts and omissions include:
• dismissal of an employee;
• injury of an employee in his or her employment;
• alteration of an employee’s position or duties to his or her disadvantage;
• discrimination between an employee and other employees of the same employer;
• harassment or intimidation of a person;
• harm or injury to a person, including psychological harm;
• damage to a person’s property;
• damage to a person’s reputation;
• damage to a person’s business or financial position; or
• any other damage to a person.
Examples of actions that are not detrimental acts or omissions include:
• administrative action that is reasonable for the purpose of protecting a whistleblower from detriment e.g. moving a whistleblower who has made a disclosure about their immediate work area to another office to prevent detriment; and
• managing a whistleblower’s unsatisfactory work performance, if the action is in line with NOW Finance’s performance management framework.
8.3 Protection from litigation
An eligible whistleblower is protected from any of the following in relation to their disclosure:
1- civil liability e.g. any legal action against the whistleblower for breach of an employment contract, duty of confidentiality or another contractual obligation;
2- criminal liability e.g. attempted prosecution of the whistleblower for unlawfully releasing information, or other use of the disclosure against the whistleblower in a prosecution (other than for making a false disclosure); and
3- administrative liability e.g. disciplinary action for making the disclosure.
The protections do not grant immunity for any wrongdoing the whistleblower has engaged in that is revealed in their disclosure.
8.4 Compensation and other remedies for eligible whistleblowers
An eligible whistleblower (or any other employee or person) can seek compensation and other remedies through the courts if:
1- they suffer loss, damage or injury because of a disclosure; and
2- NOW Finance fails to take reasonable precautions and exercise due diligence to prevent the detrimental conduct.
Whistleblowers should seek independent legal advice in regards to compensation and remedies that might be available to them.
Reducing the risk that the whistleblower will be identified from the information contained in a disclosure
• all personal information or reference to the whistleblower witnessing an event will be redacted;
• the whistleblower will be referred to in a gender-neutral context;
• where possible, the whistleblower will be contacted to help identify certain aspects of their disclosure that could inadvertently identify them; and
• disclosures will be handled and investigated by qualified staff.
NOW Finance’s WPO is responsible for discussing with the whistleblower NOW Finance’s measures for ensuring confidentiality of a whistleblower’s identity.
In practice, people may be able to guess the whistleblower’s identity if:
• the whistleblower has previously mentioned to other people that they are considering making a disclosure;
• the whistleblower is one of a very small number of people with access to the information; or
• the disclosure relates to information that the whistleblower has previously been told privately and in confidence.
9.3 Protection from detrimental acts or omissions
NOW Finance will, in practice, protect whistleblowers from detriment. We will, together with the whistleblower:
• assess the risk of detriment against the whistleblower and other persons (e.g. other staff who might be suspected to have made a disclosure), which will commence as soon as possible after receiving a disclosure;
• provide support services (including counselling or other professional services) that are available to whistleblowers;
• develop strategies to help the whistleblower minimise and manage stress, time or performance impacts, or other challenges resulting from the disclosure or its investigation;
• take action for protecting the whistleblower from risk of detriment—for example, allowing the whistleblower to perform their duties from another location, reassign the whistleblower to another role at the same level, make other modifications to the whistleblower’s workplace or the way they perform their work duties, or reassign or relocate other staff involved in the disclosable matter; develop processes for ensuring that management are aware of their responsibilities to maintain the confidentiality of a disclosure, address the risks of isolation or harassment, manage conflicts, and ensure fairness when managing the performance of, or taking other management action relating to, the whistleblower;
• develop procedures on how the whistleblower can lodge a complaint if they have suffered detriment, and the actions NOW Finance may take in response to such complaints e.g. the complaint will be investigated as a separate matter by an officer who is not involved in dealing with disclosures and the investigation findings will be provided to the Enterprise Risk Committee, and if necessary to the NOW Finance Board; and
• develop interventions for protecting the whistleblower if detriment has already occurred— for example, investigating and addressing the detrimental conduct, such as by taking disciplinary action, or NOW Finance could allow the whistleblower to take extended leave, develop a career development plan for the whistleblower that includes new training and career opportunities, or offer compensation or other remedies
A whistleblower may seek independent legal advice or contact regulatory bodies, such as ASIC, APRA or the ATO, if they believe they have suffered detriment.
9.4 Assessing and controlling the risk of detriment
NOW Finance will undertake the following steps to assess and control the risk of detriment, working closely with the whistleblower:
(a) Risk identification:
Assessing whether anyone may have a motive to cause detriment. Information will be gathered from the whistleblower about:
• the risk of their identity becoming known;
• who they fear might cause detriment to them;
• whether there are any existing conflicts or problems in the workplace; and
• whether there have already been threats to cause detriment.
(b) Risk analysis and evaluation:
Analysing and evaluating the likelihood of each risk and evaluating the severity of the consequences.
(c) Risk control
Developing and implementing strategies to prevent or contain the risks. For anonymous disclosures, it may be worthwhile assessing whether the whistleblower’s identity can be readily identified or may become apparent during an investigation.
(d) Risk monitoring
Monitoring and reassessing the risk of detriment where required—the risk of detriment may increase or change as an investigation progresses, and even after an investigation is finalised.
10. Handling and investigation a disclosure
Reports of alleged improper, unethical or illegal conduct made under this Policy will be treated very seriously and where appropriate will be thoroughly, objectively and fairly investigated by NOW Finance in accordance with this Policy and management guidelines on handling and investigating whistleblower disclosures.
NOW Finance will ensure that an initial assessment of the disclosure is made within 5 business days of the initial disclosure and, where possible, will discuss with the whistleblower the next steps and an appropriate timetable to appoint an investigator and conduct an investigation. The process will vary depending on the nature of the disclosure.
NOW Finance will need to assess each disclosure to determine whether:
1- it qualifies for protection; and
2- a formal, in-depth investigation is required.
Where possible, NOW Finance’s WPO will explain the process to the whistleblower and will advise if NOW Finance has determined that it will need to investigate a disclosure.
In order to assist with making a finding about the disclosure, the investigator appointed to investigate the matter may take steps to:
• ask for the whistleblower to provide more information;
• ask the whistleblower whether they consent to their identity being disclosed to investigate the report; and
• review relevant documents and other information;
Any investigation will focus on the substance of the disclosure, rather than what it believes to be the whistleblower’s motive for reporting. NOW Finance will not assume that disclosures about conduct or behaviour that appear to have had a personal impact on the whistleblower are somehow less serious. The whistleblower’s experience may indicate a larger or systemic issue.
All investigations conducted by or on behalf of NOW Finance under this Policy will:
• be conducted in a fair and unbiased way, objectively and independently while preserving confidentiality;
• take all necessary steps to make a thorough investigation;
• be completed as quickly as is reasonably possible, with all parties being kept informed of developments;
• ensure that all relevant information, material and documentation are collected;
• observe the rules of natural justice and evidence;
• be conducted in private with confidentiality maintained; and
• allow legal or other representation to anyone in serious matters.
Without the whistleblower’s consent, NOW Finance cannot disclose information that is likely to lead to the identification of the whistleblower as part of its investigation process unless:
(a) the information does not include the whistleblower’s identity;
(b) NOW Finance removes information relating to the whistleblower’s identity or other information that is likely to lead to the identification of the whistleblower e.g. the whistleblower’s name, position title and other identifying details; and
(c) it is reasonably necessary for investigating the issues raised in the disclosure.
NOW Finance may not be able to undertake an investigation if it is not able to contact the whistleblower e.g. if a disclosure is made anonymously and the whistleblower has refused to provide, or has not provided, a means of contacting them.
NOW Finance has discretion to determine that a report will not be dealt with under this Policy if it considers that the report does not fall within the scope of applicable whistleblower legislation (for example, if it is a personal workplace grievance or customer complaint).
Strict confidentiality will be maintained during the investigative process. All information obtained will be properly secured to prevent unauthorised access. All relevant witnesses will be interviewed, and documents examined. Comprehensive notes of all discussions, phone calls and interviews will be made.
The person or persons conducting the investigation will be as far as possible unbiased.
The frequency and timeframe may vary depending on the nature of the disclosure.
If following an investigation, the person to whom the matter has been reported considers that a written report is necessary, that report should contain, as appropriate, details of:
• the nature of the disclosable matter;
• the person or persons responsible for the disclosable matter;
• the facts on which the whistleblower’s belief that a disclosable matter has occurred, and has been committed by the person named, are founded;
• the nature and whereabouts of any further evidence that would substantiate the whistleblower’s allegations, if known;
• the conclusions reached (including the damage caused, if any, and the impact on NOW Finance and other affected parties) and their basis;
• a determination as to whether the wrongdoing is proven; and
• any recommendations based on those conclusions to address any wrongdoing identified, and the most appropriate action to take in response.
The method of documenting and reporting the findings will depend on the nature of the disclosure.
While the report should generally be provided to the whistleblower (with, if necessary, any applicable confidentiality stipulations), there may be circumstances where it may not be appropriate to provide details of the outcome to the whistleblower.
The report will also be made available to the Enterprise Risk Committee and if necessary, to the NOW Finance Board.
11.1 Review of findings
If the eligible whistleblower is not satisfied with the outcome of the investigation, they may request a review of whether this Policy, processes and procedures have been adhered to. NOW Finance is not obliged to reopen an investigation and that it can conclude a review if it finds that the investigation was conducted properly, or new information is either not available or would not change the findings of the investigation.
The review, if appropriate, will be conducted by NOW Finance’s Enterprise Risk Committee.
In addition, a whistleblower may lodge a complaint with a regulator, such as ASIC, APRA or the ATO, if they are not satisfied with the outcome of NOW Finance’s investigation.
