Whistleblower policy

Version 0.1 · HA1 draft · Sprint 38 · Held at HA4 max until external Australian legal practitioner sight-check for HA5 · ACNC Governance Standard 3 compliance track.

1. Purpose

Life Without Debt Ltd is committed to the highest standards of ethical conduct, honesty, and integrity in all its activities. This policy encourages the reporting of any suspected wrongdoing at LWD and provides protection for those who make such reports. It is designed to comply with the whistleblower protection regime in Part 9.4AAA of the Corporations Act 2001 (Cth) as it applies to LWD as a proposed public company limited by guarantee, and with the Australian Charities and Not-for-profits Commission's Governance Standard 3.

2. Who this policy applies to

This policy applies to any current or former:

• officer or director of LWD;
• employee, secondee, or paid worker of LWD;
• volunteer, member, or beneficiary of LWD;
• supplier or contractor of goods or services to LWD (including their employees);
• relative, dependant or spouse of any of the above.

Together, in this policy, an Eligible Whistleblower. The regime does not require an Eligible Whistleblower to identify themselves — anonymous disclosures are protected.

3. What can be disclosed

Disclosures qualify for protection under this policy where an Eligible Whistleblower has reasonable grounds to suspect that LWD, or a member of LWD's officers or employees, has engaged in conduct that is one or more of:

• misconduct;
• an improper state of affairs or circumstances;
• a contravention of the Corporations Act 2001, the ASIC Act 2001, the Australian Charities and Not-for-profits Commission Act 2012, or an instrument made under any of those Acts;
• an offence against any other law of the Commonwealth punishable by 12 months or more of imprisonment;
• conduct that represents a danger to the public or the financial system;
• conduct prescribed by regulation for the purposes of the whistleblower regime.

Personal work-related grievances (e.g., an interpersonal conflict, a disagreement about pay or performance) generally do not qualify for protection under Part 9.4AAA unless they include information about misconduct that would qualify above, or they include a threat of detriment in reprisal for a protected disclosure. Personal grievances are handled under LWD's grievance procedures instead — see the Board & Governance page.

4. How to make a protected disclosure

An Eligible Whistleblower may make a disclosure to any of the following recipients. All four channels are equally valid — the whistleblower may pick whichever channel they are most comfortable with, and may switch channels at any time.

4.1 Internal channel — the Whistleblower Officer

By default, LWD's Whistleblower Officer (a role held ex officio by the Chair of the Board unless the Board formally delegates it to another director) receives all internal whistleblower disclosures. Contact:

• Email: [email protected] (encrypted; monitored only by the Whistleblower Officer)
• Postal: c/o LWD Registered Office (address to be confirmed on ASIC registration) — envelope marked "WHISTLEBLOWER · CONFIDENTIAL · CHAIR ONLY"
• Phone: number to be published on registration; message with a call-back time.

4.2 Alternate internal channel — if the report concerns the Chair

If the protected disclosure concerns the conduct of the Chair or the Whistleblower Officer themselves, disclosures may be made to any other current director of LWD via the confidential email address listed for each director on the Board & Governance page.

4.3 External channel — a regulator

An Eligible Whistleblower may make a protected disclosure directly to a Commonwealth regulator without first raising it internally. Statutory recipients under Part 9.4AAA include:

• the Australian Securities and Investments Commission (ASIC);
• the Australian Prudential Regulation Authority (APRA);
• a Commonwealth authority prescribed under the whistleblower regime.

Additionally, a report about ACNC-governed conduct may be made to the ACNC. A report about criminal conduct may be made to the Australian Federal Police or a State/Territory police service.

4.4 Public interest / emergency disclosure — to a journalist or parliamentarian

The whistleblower regime protects public interest and emergency disclosures to a journalist or a member of the Australian parliament, but only where strict conditions are met — including a prior disclosure to a regulator, waiting periods, and reasonable belief that the disclosure is in the public interest or that there is a substantial and imminent danger. LWD strongly recommends that any Eligible Whistleblower considering a public interest or emergency disclosure seek independent legal advice first; this policy cannot substitute for that advice.

5. Protections for the whistleblower

An Eligible Whistleblower who makes a protected disclosure has the following statutory protections under Part 9.4AAA:

• Identity protection. Their identity, and information likely to lead to their identification, cannot be disclosed without their consent — except to a regulator, a lawyer for the purpose of legal advice, or where the disclosure is required or authorised by law.
• Protection against detriment. Nobody may cause or threaten detriment to the whistleblower (including termination, demotion, harassment, discrimination, or damage to reputation) because of the disclosure. Detriment is a civil-penalty offence carrying substantial fines and — for individuals — potential criminal liability.
• Compensation. The whistleblower may seek compensation and other remedies (including reinstatement) from a court for detriment suffered because of a protected disclosure.
• Immunity. The whistleblower is immune from civil, criminal, and administrative liability (including breach of employment contract, breach of confidentiality, or defamation) in relation to the protected disclosure.

These protections apply from the moment the disclosure is made, and are not conditional on the disclosure being substantiated on investigation. What matters is that the disclosure was made with reasonable grounds to suspect the conduct disclosed.

6. How LWD handles a disclosure

On receipt of a protected disclosure:

1. The Whistleblower Officer acknowledges receipt to the whistleblower within 2 business days (or as soon as reasonably practical for anonymous disclosures made through a monitored channel).
2. Where the whistleblower's identity is known, the Whistleblower Officer confirms the identity-protection obligations under section 5 in writing.
3. The Whistleblower Officer conducts (or commissions) an investigation appropriate to the disclosure — this may involve an external investigator where the disclosure concerns senior officers or is otherwise unsuited to internal handling.
4. The Board is notified that a protected disclosure has been received, but not of the whistleblower's identity, unless the whistleblower has consented to identity release.
5. On completion of the investigation, the Whistleblower Officer provides the whistleblower with a written summary of the investigation outcome, unless doing so would breach the identity or privacy protections of others involved.
6. Where wrongdoing is substantiated, the Board decides on remedial and disciplinary action, and — where applicable — reports the wrongdoing to the relevant regulator.

7. Support for the whistleblower

LWD recognises that making a protected disclosure can be difficult. Support available to whistleblowers includes:

• Access to LWD's Employee Assistance Program (or equivalent) at LWD's cost;
• Referral to independent legal advice at LWD's cost, up to a reasonable limit set by the Board;
• Flexible work arrangements during the investigation period, where the whistleblower is an employee or volunteer;
• Ongoing regular check-ins by the Whistleblower Officer.

8. False or vexatious disclosures

The whistleblower protections apply where the whistleblower had reasonable grounds to suspect the conduct disclosed — even if, on investigation, the disclosure turns out to be unsubstantiated. However, a disclosure made in bad faith, knowing the information to be false, or made vexatiously for an ulterior purpose, does not qualify for statutory protection and may itself constitute misconduct. LWD investigates in good faith and reserves the right to take action against demonstrably bad-faith disclosures.

9. Records and reporting

LWD keeps confidential records of all protected disclosures, investigations, and outcomes. Aggregated (de-identified) reporting is included in LWD's Annual Impact Report and any other reporting required by the ACNC or ASIC. Individual disclosures are not identified in public reporting except with the whistleblower's written consent.

10. Review of this policy

This policy is reviewed by the Board at least every 2 years, or sooner if there is a material change to the whistleblower regime under the Corporations Act or ACNC Governance Standards, or if experience under this policy indicates that revision is needed. All changes require Board approval and are disclosed in the Annual Impact Report in which they take effect.

11. Related documents

See also LWD's Privacy Policy, Complaints & Feedback policy, Board & Governance, and the LWD Constitution. Governance documents index: /governance-documents.

Not legal advice. This policy is a working HA1 draft. It will be sight-checked by an external Australian legal practitioner competent in whistleblower law before it takes effect. Any Eligible Whistleblower is strongly encouraged to seek independent legal advice about their rights and obligations, particularly before making a public interest or emergency disclosure.

Version 0.1 · HA1 draft · Sprint 38. Bumps: v0.2 on external legal sight-check · v0.3 on triad CMO sight-check · v1.0 on Board adoption. Related: Complaints · Board & Governance · Governance documents.