Whistleblower Protection Policy

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1. Introduction

1.1. Australian Communities Foundation (“ACF”) is committed to fostering a culture of legal, ethical, and moral behaviour and exemplary corporate governance. This Policy provides a safe and lawful way for people to report serious wrongdoing, including illegal, unethical or improper conduct.

2. Purpose

2.1. This Policy aims to:

encourage a person to report improper conduct in good faith
provide mechanisms for safe, secure disclosures
ensure ACF protects whistleblower identity and ensures confidentiality
ensure compliance with Corporations Act 2001 (Cth), ASIC Regulatory Guide 270, and ACNC governance standards

3. Eligible Whistleblowers

3.1. Under Australian Laws, the following individuals may be an Eligible Whistleblower in relation to ACF:

all employees of ACF
all directors and officers of ACF
any contractors or consultants (including employees of contractors or consultants) that supply goods or services to ACF
all volunteers of ACF
associates, family members or dependants of the above

3.2. Within this policy, all these people are represented by the term “Workers”.

3.3. Eligible Whistleblowers who make a disclosure under this Policy are entitled to the protections provided under Part 9.4AAA of the Corporations Act 2001 (Cth). These protections include confidentiality of identity, protection from civil, criminal and administrative liability for making the disclosure, and protection from victimisation or detrimental conduct. These rights apply regardless of whether the disclosure is made internally or to an external eligible recipient in accordance with the law.

4. Protected Disclosures

4.1. Only certain types of disclosures will qualify as a protected disclosure and attract the protections provided for in this Policy and under Australian Laws.

4.2. A Protected Disclosure is a qualifying disclosure if it relates to Disclosable Matters and the whistleblower has reasonable grounds to suspect the concern reported.

4.3. Disclosable matters are:

misconduct
breach of specific legislation (e.g. Corporations Act 2001 (Cth)
breach of a law is punishable by imprisonment of 12 months or more
danger to the Australian public or the Australian financial system

4.4. If you are considering making a whistleblower disclosure, where possible, you should endeavour to include information about:

the identity of any director, employee, officer, contractor, or other person involved
the nature of the allegations
the date when such misconduct or state of affairs occurred
the involvement of any other director, employee, officer, contractor, or other person
any witnesses; and
the location of any evidence (such as documentation or electronic data)

5. How an Eligible Whistleblower can make a Protected Disclosure

5.1. Eligible Whistleblowers can make a protected disclosure to any of the following Eligible Recipients:

Internally: senior leadership team member or a Board member;
Externally: to regulators such as ASIC, APRA, or ACNC, or other prescribed authorities under the Corporations Act.
In Limited Circumstances: to a Member of Parliament or journalist, subject to strict conditions under the Corporations Act. Seek legal advice before doing so.

5.2. Eligible Whistleblowers may choose to remain anonymous when making a disclosure and throughout the investigation process. Anonymity does not affect eligibility for legal protections under Part 9.4AAA of the Corporations Act 2001 (Cth). ACF will take all reasonable steps to maintain confidentiality if the whistleblower wishes to remain anonymous.

6. How ACF will Support and Protect Eligible Whistleblowers

6.1. Where a Protected Disclosure qualifies for protection under the Australian Laws, ACF (or the relevant member of ACF) will apply the following protections when responding to or investigating the disclosure:

Right to Confidentiality: ACF will take all steps possible to keep the confidentiality of the whistleblower’s identity, including any information that is likely to identify them.
Investigation into Disclosure: ACF will investigate the matters raised in the disclosure as follows to determine whether any misconduct has occurred:
- there will be an independent investigation conducted in a timely manner;
- if the Protected Disclosure has been made by someone who has disclosed their identity, ACF will, where possible, keep the discloser updated on the progress of the investigation; and
- where the investigations identify serious criminal conduct, ACF will work with the police, regulators, or other authorities (as appropriate) who may pursue their own independent investigations.

6.2. ACF will provide reasonable support to Whistleblowers during and after any investigation. This may include:

access to confidential counselling through the Employee Assistance Program (EAP)
regular updates on the progress, where appropriate
practical support measures, such as flexible work arrangements
monitoring and managing workplace interactions to prevent victimisation.

6.3. Personal information will be managed in accordance with the Privacy Act 1988 (Cth) and the 2024 reforms, including:

limiting access to authorised personnel only
using secure systems for electronic records and locked storage for physical records
encrypting digital communications where possible.

6.4. ACF is committed to ensuring that whistleblowers are not subjected to detrimental conduct. You should advise if you are concerned about being victimised or suffering from detrimental conduct because you have made a Protected Disclosure.

6.5. The meaning of ‘detrimental conduct’ will vary depending on the circumstances. However, it may include conduct which causes or threatens to cause:

the dismissal or demotion of an employee;
injury of an employee in his or her employment;
discrimination, harassment or intimidation;
harm or injury, including psychological harm;
harm to a person’s reputation; and/or
damage to a person’s business or financial position.

6.6. ACF may offer other protections (not mentioned above) to Eligible Whistleblowers or take further steps to prevent the occurrence of any detrimental conduct. Such protections may include, at ACF’s discretion:

monitoring or managing the behaviour of other employees;
relocating employees to a different division, group, or office;
offering a leave of absence or flexible workplace;
taking steps to rectify any detriment that may have been suffered; and/or
taking disciplinary action against any other employees or persons involved in victimising or causing detriment to an Eligible Whistleblower.

7. Information on Further Protections Available Under the Australian Laws

7.1. In addition to the protections provided by ACF, Eligible Whistleblowers who make a Protected Disclosure are entitled to protections under Part 9.4AAA of the Corporations Act 2001 (Cth), including:

Confidentiality of identity, except where disclosure is required by law or in the interests of justice.
Immunity from civil, criminal, and administrative liability for making the disclosure.
Protection from victimisation and detrimental conduct, with access to legal remedies. Courts may order compensation, injunctions, reinstatement, or other relief if detriment occurs.
Right to seek independent legal advice about these protections.

7.2. These protections apply regardless of whether the disclosure is made internally or to an external eligible recipient under the law.

8. Ensuring Fair Treatment of Employees Mentioned in Protected Disclosures

8.1. Where a protected Disclosure raises potential misconduct involving an employee, or a group of employees of ACF, the relevant group entity will consider whether any disciplinary action is appropriate in the circumstances if that conduct is established.

8.2. If ACF is considering taking disciplinary action against such employees, Australian law may require that ACF provide procedural fairness to them before it determines whether to take disciplinary action. In that regard:

Procedural fairness ordinarily involves ACF providing details of the alleged misconduct of such employees and giving such employees an opportunity to provide an explanation of the alleged misconduct;
Procedural fairness obligations can be difficult to comply with in circumstances where ACF is limited from disclosing the full nature of a Protected Disclosure by the confidentiality obligations that it owes to Eligible Whistleblowers;
In complying with such procedural fairness obligations, ACF will not breach an Eligible Whistleblower’s confidentiality. However, ACF will be required to provide as much information as possible to employees to give them a fair opportunity to respond to allegations; and
ACF may contact Eligible Whistleblowers to request their consent to provide additional confidential information to employees accused of misconduct.

8.3. Disclosures must be made in good faith with reasonable grounds to suspect misconduct. Making a disclosure known to be false or malicious may result in disciplinary action, including (but not limited to) the forfeiture of legal protections and/or termination of employment.

9. Availability of this Policy

9.1. This Policy is made available to all Workers of ACF, ensuring accessibility by:

publishing the Policy on the organisation’s shared drive/intranet
including the Policy in onboarding materials
making the Policy available on ACF’s public website.

Last updated: January 2026

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