The purpose of the Whistleblower Policy (“Policy”) is to:
This Policy has been developed to meet the requirements of the Corporations Act 2001 (Cth), Taxation Administration Act 1953 (Cth), and the relevant ASIC regulatory guides (“Relevant Laws”).
This Policy applies to “Eligible Reporters”, meaning any individual who is or was:
An Eligible Reporter will qualify for protection under the Relevant Laws if:
Eligible Reporters may report information if they have reasonable grounds to suspect misconduct, or an improper state of affairs or circumstances, in relation to Clover or an employee or officer of Clover (“Disclosable Matters”).
Examples of Disclosable Matters may include the following conduct:
Disclosable Matters may also include information that indicates a significant risk to public safety or the stability of, or confidence in, the financial system, even if it does not involve a breach of law.
Disclosable Matters may also include the following tax-related information (“Tax-related Disclosable Matters”):
Disclosures made by Eligible Reporters that are not Disclosable Matters do not qualify for protection under the Relevant Laws.
The process for reporting matters is set out below in section 5.
Personal work-related grievances
In general, matters that relate solely to personal work-related grievances are not Disclosable Matters. A matter will be considered a personal work-related grievance if:
Examples of personal work-related grievances include:
However, a personal work-related grievance may be reported under this Policy and qualify for legal protection if it:
Clover is committed to endeavouring to protect those who make disclosures in accordance with this Policy. All reasonable steps will be taken to ensure Eligible Reporters will not be subject to any form of detriment, disadvantage or victimisation resulting from a report made in accordance with this Policy (including threats to cause any detriment, disadvantage or victimisation).
It will be a breach of this Policy and the Relevant Laws for any employee, officer or associate of Clover to threaten or subject an Eligible Reporter to any detriment, disadvantage or victimisation because such individual believes that the Eligible Reporter has made, may have made, proposes to make or could make a report under this Policy.
Protection from detriment and confidentiality are legal protections for qualifying disclosures. Additional legal protections may also be available, including but not limited to:
Disclosers are also protected from civil, criminal or administrative liability for making the disclosure.
Eligible Reporters will still qualify for protection under the Relevant Laws if their disclosure turns out to be incorrect. However, Eligible Reporters must not make a report that they know to be untrue or misleading. If an Eligible Reporter knowingly makes a false report, this will be considered a serious matter and may result in disciplinary action.
Anonymity and confidentiality
An Eligible Reporter may choose to remain anonymous when making a disclosure or refuse to answer any questions which may reveal their identity. These disclosures will still qualify for legal protections and Clover will endeavour to protect the anonymity of the Eligible Reporter. If an Eligible Reporter chooses to provide their identity when making a report, it will be treated confidentially. Information about an Eligible Reporter’s identity may only be disclosed in the following circumstances:
Support for Eligible Reporters may include the following:
Eligible Disclosers are strongly encouraged to report any Disclosable Matters or suspected Disclosable Matters using the reporting mechanism described in this section.
Reports made by Eligible Reporters of Disclosable Matters to recipients listed under this section will qualify for protection under the Relevant Laws.
Eligible Reporters can report Disclosable Matters by email or phone to a manager or other senior member within Clover. Where this is not appropriate or possible, or where the Eligible Reporter does not feel comfortable raising the matter with their manager or other senior member, a report can be made to Clover’s Chairman of the Board at the following email [email protected] or phone number (02 9000 6179).
There are additional people who are considered ‘eligible recipients’ under the Relevant Laws for the purposes of an Eligible Reporter reporting Disclosable Matters, these include any of the following in relation to Clover:
Once the report has been submitted, it will be assessed to determine whether it qualifies for protection and whether a formal investigation is required. All investigations will be conducted in a fair and independent manner, and Clover will ensure the fair treatment of any employees who are mentioned in the disclosure. The result of an investigation may not be able to be shared with the whistleblower in certain circumstances.
This Policy will be distributed to all officers and employees of Clover as part of their onboarding process.
This Policy will be reviewed on an annual basis and updated, as necessary, to reflect the changing circumstances of Clover. Any updates to this Policy will be approved by the Clover Board and distributed to officers and employees.
Please contact [email protected] if you would like more information about the application of this Policy or the protections available under the law.