Whistleblower Policy

1.      Policy Statement

Sands Australia is committed to the highest standards of care and conduct, maintaining community confidence and promoting a culture of honest and ethical behaviour, corporate compliance and good corporate governance which is supported by policies and procedures that comply with relevant Standards.

The purpose of this Whistleblower Policy is to:

Encourage and allow individuals (Disclosers/Whistleblowers) to disclose Misconduct or Reportable Conduct relating to Sands Australia either openly or anonymously.

Ensure Disclosures are properly and lawfully dealt with.

Support and protect everyone involved in the Disclosure from Detrimental Action.

Ensure the identity of those making a Disclosure (Discloser / Whistleblower) and the content of the Disclosure are kept confidential unless consent is provided, or the law requires otherwise.

The intent of this Whistleblower Policy and the related Whistleblower Procedure does not change, replace or remove any other protections which may be available in law.

2.      Standards that inform the Policy

Corporations Act 2001 (Commonwealth)

National Corporate Governance Advisory Standards

AS 8000: Good governance principles

AS8001: Fraud and corruption control

AS 8003: Corporate social responsibility

3.      Sands Australia Policies and Procedures linked to this Policy

Whistleblower Procedure

Prevention of discrimination, harassment and bullying Policy and Procedures

Grievance Policies and Procedures

4.      Scope

This Whistleblower Policy describes the principles that govern and guide conduct and decision making in relation to the reporting of perceived or actual misconduct or potential breaches of law within Sands Australia.

This Policy frames the procedural steps detailed in the Whistleblower Procedure, and is applicable to all current or former Sands Australia employees or associates, including:

Officers and Managers

Board members



Individuals who supply goods and services to Sands Australia, and their employees

Commissioned agents, consultants and contractors

Spouse, dependent or relative of an individual referred to above

Any individual with a relationship to Sands Australia as noted in the list above is entitled to and responsible for disclosing or reporting any perceived or actual misconduct, by following the processes as detailed in the Whistleblower Procedure.

This Policy is not applicable to personal work-related grievances as defined in Section 5, rather these issues should be addressed by referring to the Grievance Procedure, Sands Australia – Human Resources Policies and Procedures Manual.

5.      Definitions of terms

Act: refers to the Corporations Act 2001 (Commonwealth).

Discloser: refers to a person (as per those listed in the Scope section) who makes a disclosure of illegal, immoral or illegitimate practices under the control of Sands Australia. For purposes of this Policy, the individual may also be referred to as a “Whistleblower”.

Disclosure: refers to a report of Misconduct or Reportable Conduct made pursuant to the law or this Policy.

Disclosure Officer: refers to a member of Sands Australia’ Senior Leadership Team who has been appointed and authorised by Sands Australia to receive Disclosures or reports of misconduct.

Detrimental Action: refers to and includes:

  • 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
  • Harassment, victimisation 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
  • Any other damage to a person

Misconduct or Reportable Conduct: includes, but is not limited to –

  • dishonest, corrupt or illegal conduct
  • theft, fraud or misappropriation
  • damage / sabotage, violence, drug & alcohol sale/use
  • significant risks to health and safety
  • serious inappropriate or unethical conduct
  • serious misuse of information
  • harassment, discrimination or other serious unacceptable behaviour other than personal work-related grievances as defined in the Corporations Act 2001 (Cth)
  • serious breach of Sands Australia’ policies and procedures or the law
  • substantial waste of Sands Australia’ resources
  • victimising someone for making or involved in a Disclosure
  • causing substantial financial or non-financial loss or detriment to Sands Australia
  • other serious improper conduct


Under Section 1317AA (5) of the Act, “misconduct” should also be disclosed if it is conduct that constitutes an offence against, or a contravention of, a provision of any of the following:

the Australian Securities and Investments Commission (ASIC) 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

an instrument made under an Act referred to in any of subparagraphs 1. to 8.; or

  • constitutes an offence against any other law of the Commonwealth that is punishable
  • by imprisonment for a period of 12 months or more; or
  • represents a danger to the public or the financial system; or
  • is prescribed by the regulations for the purposes of this paragraph


Personal work-related grievances: In most instances grievances or complaints are not instances of Reportable Conduct and are therefore not guided by this Policy.

Section 1317AADA of the Act states that the protections under the Act do not apply to a disclosure to the extent that the disclosure: concerns a personal work-related     grievance of the Whistleblower; and does not concern a contravention, or an alleged contravention, of section 1317AC that involves detriment caused to the Whistleblower or a        threat made to the Whistleblower

The Act gives these examples of grievances that may be personal work-related grievances:

an interpersonal conflict between the Whistleblower and another employee

a decision relating to the engagement, transfer or promotion of the Whistleblower

a decision relating to the terms and conditions of engagement of the Whistleblower

a decision to suspend or terminate the engagement of the Whistleblower, or otherwise to discipline the Whistleblower


Protection Officer: refers to the person appointed by Sands Australia to support and protect a Whistleblower, if necessary, from Detrimental Action.

Whistleblower: refers to an organisational member who, on reasonable grounds, makes a disclosure of illegal, immoral or illegitimate practices under the control of their employers, to persons or organisations that may be able to effect action (Miceli & Near 1984:689 sourced 10.10.19).

For purposes of this Policy, this is an individual who makes a “Disclosure”. They may also be referred to as a “Disclosure” within this Policy and related Whistleblower Procedure. (available on request)

Reference Material

  • Australian Securities and Investments Commission (ASIC) Act 2001 (Cth)
  • Corporations Act 2001 (Cth)