Whistleblower Policy

A whistleblower policy is an important element in detecting corrupt, illegal or other undesirable conduct.  It is expected that all members and Society staff will conduct themselves in a manner consistent with current community and Society standards and in compliance with all related legislation.   

The purpose of this policy is to promote a culture of corporate compliance, honesty, and ethical behaviour and to provide an environment where any potential, perceived or actual wrongdoing within the APS or by the APS, its members or staff can be raised freely without fear of reprisal or retribution. 

This policy aims to:

• Minimise the risk of illegal, corrupt, or other improper conduct within the APS
• Create an environment of transparency
• Protect and support those who make disclosures of misconduct, and
• Provide a reporting and investigation process

This policy applies to:

• APS employees, volunteers and members
• APS Company Officers, including Directors, and
• Contractors, suppliers and service providers engaged by the APS. This policy also applies to former employees, volunteers and members provided the protected disclosure is made within 12 months of the end of their involvement with the APS.

The Australian Psychological Society (APS) upholds high standards of legal and ethical behaviour. We are guided by our values to develop a culture of accountability, respectful dealings with others, and sound judgement.

APS’ policy is to encourage anyone associated with the APS who becomes aware of serious misconduct to report that misconduct. The APS will not tolerate any retaliatory action or threats of retaliatory action against a person reporting such misconduct or any person involved in the investigation process.

Procedures have been developed to ensure concerns about misconduct can be raised through a safe reporting and investigation process. It is essential that the reporting person should be able to make a report without fear of retribution, harassment, victimisation or discrimination.

The purposes of these procedures are to:

• Encourage the reporting of wrongdoing
• Protect and support those who make disclosures
• Set out a safe reporting mechanism, and 
• Outline how APS will investigate and resolve protected disclosures made in accordance with this policy.

This policy is part of a broader framework of policies in place to support people wishing to raise concerns. It should be read in conjunction with other relevant policies as set out in Section 10 (Referring Documents)

APS encourages reporting where there is a reasonable ground to suspect misconduct or an improper state-of-affairs has or will occur:

• An offence against, or contravention of, a provision of the Treasury Laws Amendment (Enhancing Whistleblower Protections Act 2018)
• An offence against any other law of the Commonwealth, a State or Territory or a local government, such as laws creating crimes punishable by imprisonment
• Fraud
  • A deliberate deception to secure personal gain 
  • A deliberate deception to cause disadvantage to the APS 
  • Theft 
  • Bribery 
  • Facilitation payments
• Corruption 
  • Improper use of influence or position 
  • Improper use of information by commission or omission
• Unauthorized use of APS property, equipment, or materials
• Criminal offences by APS people or third parties
• Breaches of health and safety
• Undeclared conflicts of interest, and/or
• Unethical or other serious improper conduct, including conduct that is in breach of APS’ policies and procedures.

6.1 Authorised Recipients

Reportable conduct (Section 5) may be disclosed to one of the following authorised recipients:

• An APS Company Officer:
  • The President 
  • The Chair of the Governance and Risk Committee 
  • A Board Director 
  • The Chief Executive Officer 
  • The Chief Operating Officer 
  • An APS Company Secretary
• An auditor or member of a team conducting an audit of the APS 
• A regulatory agency or law enforcement agency, or 
• The reporting individual’s lawyer.

6.2 Making the Report

Reports and disclosures can be made verbally or in writing. The APS encourages written reports. All reports will be subject to the confidentiality provisions set out in this policy.

When making a report, the reporting individual should clearly outline:

• The issue or concern 
• The alleged misconduct 
• The individual(s) involved 
• The reason(s) for believing that the misconduct has occurred, including when and how it occurred, and
• The nature and whereabouts of any further evidence to substantiate the allegation, if known.

The reporting individual should ensure that their report is:

• Factually accurate, noting the suspected misconduct and their own actions 
• Based on firsthand knowledge 
• Made in good faith 
• Objectively based on reasonable grounds, and 
• Contains all relevant information

The report should include as much information and evidence as is possible. This ensures that the APS has sufficient information to take appropriate action without delay.

All individuals who disclose reportable conduct under this policy will be protected (Section 7).

6.3 Anonymous Reports

The APS will accept anonymous reports. The APS will treat any anonymous report in the same way and with the same protections that are provided to individuals who identify themselves.

The APS acknowledges that anonymous reports make limit the extent to which reported conduct can be investigated and restrict the APS’ ability to extend the protections detailed in Section 7.

For this reason, and subject to the Confidentiality and Privacy provisions detailed in Section 7, the APS prefers individuals reporting conduct under this policy disclose to the authorised recipient their name and contact details.

7.1 Reporting Individual(s)

Individual(s) who disclose reportable conduct under this policy are protected from civil, criminal, and administrative liability (including disciplinary action) for making the disclosure. APS is committed to protecting and respecting the rights of anyone who has made such a disclosure.

Legal protections are available to reporting individuals who have a connection to the APS and who are in a position to observe or be affected by serious misconduct at the APS and face reprisals (punishment or harm) for reporting the misconduct. This includes current and former (if the disclosure is made within 12 months of the end of that individual’s involvement with the APS):

• employees of the APS 
• officers of the APS 
• contractors, consultants and service providers who supply goods or services to the APS 
• members and volunteers who have supplied goods or services to the APS, and 
• a spouse, relative or dependent of any of the people listed above.

Protections will be available for those who make a disclosure to an authorised recipient (Section 6) that is:

• Serious in nature 
• Made in good faith, and 
• Made with reasonable grounds to believe it is true

Reporting individuals, as far as is possible, will not be disadvantaged for making a report. Any adverse action, harassment, discrimination, or reprisals for a protected disclosure made under this policy will be treated by the APS as serious misconduct and may result in disciplinary action against the perpetrator.

Reporting individuals must not be disadvantaged for having made a disclosure by: 

• Dismissal 
• Injuring an employee in their employment 
• Altering the position or duties of an employee to their disadvantage, including demotion 
• Termination of services or supply 
• Discrimination, victimisation, or harassment 
• Harming, intimidating, or injuring a person, including causing psychological harm 
• Damaging a person’s property, reputation, business, or financial position, or 
• Threats of any of the above.

Any reporting person who believes that they have been subject to detriment because of making a disclosure should report the details to an authorised recipient as detailed in Section 6.

7.2 Individual(s)

The APS recognises that the subject(s) of a protected disclosure may also require support during the investigation process. The APS will take all reasonable steps to fairly treat any individual who is the subject of a report. EAP access will be provided to individuals who are the subject of a protected disclosure made under this policy.

Once an investigation has commenced, any individual who is the subject of the allegation(s) should:

• Be informed of the substance of the allegations 
• Be informed of the investigation underway and the process the investigation will follow 
• Be afforded a fair and reasonable opportunity to respond to the allegation(s) prior to the investigation concluding 
• Have their response fairly represented by the investigator(s), and 
• Be informed of the substance of any adverse conclusions in the investigator’s findings that affects them

When adverse conclusions are made in the investigator’s report about an individual, that individual has the right to response to those conclusions prior to any action being taken by APS against them.

7.3 Privacy and Confidentiality

The APS will not use or disclose an individual(s) identity unless:

• It is necessary to further an investigation and the individual consents to the disclosure, and/or 
• It is required or authorised by law, including to a lawyer for advice about a disclosure

Personal information may be used or disclosed where:

• It is made with the individual’s consent
• It is necessary to prevent or reduce a serious threat to a person’s health or safety, or 
• It is necessary to protect or enforce the APS’ legal rights or interests, or to defend itself against any claims.

The APS will ensure that any relevant records are stored security and accessed only by those authorised to do so for the bone fide purpose for discharging their responsibilities under this policy.

Reporting individuals must also ensure confidentiality is maintained and refrain from discussing the matter with anyone else. This includes informing commercial media and social media. This ensures that protections for can be maintained.

8.1 Process

All disclosure of reportable conduct under this policy will be assessed as to the seriousness of the allegation(s). This assessment will include consideration of:

• The gravity of the alleged conduct reported 
• The context in which the alleged conduct occurred 
• The extent of possible or actual consequences arising from the alleged conduct, and 
• The potential to which the alleged conduct exposed systematic wrongdoing beyond the allegation reported.

On receipt of a report, the APS will determine whether an investigation is appropriate. The APS may determine to not investigate a report if it is considered that:

• The matter is not reportable conduct as defined in this policy (Section 5) 
• The allegation is not made in good faith, or is frivolous, vexatious, or malicious 
• There is insufficient information to undertake an investigation 
• The matter has been addressed satisfactorily or resolved prior through another grievance or reporting procedure, or 
• A more appropriate procedure is available to address the matter.

8.2 Conduct

Where an investigation is warranted, an investigator must be appointed.

An investigation will generally be conducted if the matter has been assessed and deemed serious. The investigation process will be informed by the nature of the allegation and the individual provided with the report.

The appointed investigator must be independent of the matter reported. The APS may appoint an external investigator to conduct the investigation. Terms of reference may be developed for appointed external investigators for guidance and reference. Investigators will:

• Take all reasonable steps to ensure that the investigation is fair, timely and the rules of procedural fairness are applied 
• Provide regular and timely feedback on the status of an investigation and the outcome of the investigation to the parties involved, and 
• Report the findings of the investigation to the authorised recipient.

Any reportable conduct of a criminal nature will be referred directly to the relevant law enforcement agency and the APS’ lawyers.

8.3 Reporting

Where preliminary inquiries determine that a reportable conduct allegation is unfounded or that no investigation is warranted, the reporting individual will be notified of this outcome.

Upon completion of an investigation, the investigator will provide a written report of findings to the authorised recipient who initiated the investigation. The authorised recipient will, as appropriate, provide a copy of the report to the Company Secretary, Chief Executive Officer, Chair of the Governance and Risk Committee or the President.

The report will detail the conduct of the investigation, conclusion or findings reached and include recommendations for further action by the APS.

If wrongdoing has been found, the authorised recipient will take appropriate action, either on an internal basis or refer the matter to an appropriate regulator or law enforcement agency.

The APS will take reasonable steps to review and amend policies, processes, and practices to prevent the reportable conduct from continuing or occurring in the process.

Where appropriate and applicable, the authorised recipient of the report may provide feedback to the reporting individual(s) regarding the progress of the investigation and/or the outcome.

The APS does not wish to discourage reporting of genuine, serious concerns under this policy. Anyone making a report under this policy must ensure that their report complies with this policy.

False or vexatious disclosures undermine the effectiveness of this policy. A false report, including where the report has been made maliciously, vexatiously or without basis, may constitute misconduct. The APS may take disciplinary action against a person who makes a false or vexatious report.

8.1 Access to published Policy

This Policy will be available on the APS Website.

8.2 Approval/Revision Record       

10.1 Legislation

The APS is principally governed the Corporations Act 2001 (Cth), the Australian Charities and Not-for-profits Commission Act 2012 (Cth), and the Australian Charities and Not-for-profits Commission Regulation 2013. Additionally, the APS is subject to a range of legal requirements imposed by local, state, and federal government agencies.

APS’ regulators include:

• Australian Securities and Investment Commission (ASIC) – principally responsible for the enforcement of the Corporations Act and the oversight of the ASIC Act
• Australian Charities and Not-For-Profits Commission (ACNC) – the independent national regulator of charities (the APS is a registered charity and must meet certain ACNC obligations to maintain that status)
• Australian Taxation Office (ATO) – administers tax legislation 
• State government fundraising regulators – administers fundraising regulation 
• State government revenue offices – state taxes, stamp duty and compliance 
• Office of the Australian Information Commissioner – is responsible for privacy functions conferred by the Privacy Act and other laws.

10.2 APS Policies

• Appeals Policy 
• Complaints and Grievances Policy 
• Conflict of Interest Policy 
• Constitution 
• Delegations of Authority Policy 
• Dispute Resolution Policy 
• Equal Employment Opportunity Policy 
• Fraud Risk Management Policy 
• Harassment Policy 
• Privacy Policy 
• Risk Policy 
• Work Health and Safety Policy 
• Workplace Bullying Polic