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Policy

Whistleblowing Policy

1. Purpose of the policy

This policy is designed to encourage those who are aware of wrongdoing to speak up safely. These people may be entitled to protections that the law gives to whistleblowers.

Whistleblowers are individuals who report instances of danger, malpractice, bribery, corruption, or other illegal or systemically poor conduct. They are protected from being victimised as a result of their disclosures.

Note from the founders

At Elker, we are dedicated to fostering a business that is values-based and ethical in its conduct. We also aim to be an inclusive organisation where every voice is heard and valued. We encourage open dialogue and actively support it, believing that listening contributes to a safer, more effective, and positive environment for everyone.

If you suspect any serious wrongdoing or legislative breaches, you can file a whistleblowing report following the steps in this policy.

We have established a secure mechanism through which concerns may be raised either anonymously or with a name. Reports can be made to our authorised whistleblowing representatives at Resolve Advisors or directly to our founder, Shirli Kirschner.

Please ensure you read this policy in full before proceeding. We look forward to hearing from you.

Shirli Kirschner and Jack Murray

2. Who does this policy apply to?

This policy applies to individuals who may be eligible for whistleblowing protections, including:

  • current and former board directors
  • officers
  • staff members
  • volunteers
  • contractors and suppliers
  • their associates
  • their family members

3. What can be disclosed (protected disclosures)?

A person making a disclosure must have reasonable grounds to report information they believe reveals:

  • illegal conduct, such as theft or violence
  • fraud or misappropriation of funds
  • financial irregularities
  • risk to public safety
  • modern slavery within our supply chain
  • risk to the company's financial stability
  • systemic misconduct affecting company culture, such as widespread bullying or harassment

This policy does not cover work-related grievances, which include:

  • interpersonal conflicts between employees
  • transfer or promotion decisions
  • terms and conditions of employment
  • decisions about hiring or termination
  • performance management issues

Even if your situation does not qualify for whistleblowing protection, we encourage you to come forward. We will treat your matter confidentially and can offer support, guidance, advice and problem-solving assistance.

4. Who can receive a protected disclosure?

We have established clear reporting channels to make disclosures straightforward and accessible. You can report anonymously here or learn more in section 6 below.

Our trained internal whistleblowing contacts include a nominated Board Director and senior managers who can receive your disclosure safely and confidentially. These contacts can guide you through the reporting process and explain how to access support.

Peter Leonard
Board Director, Elker
pleonard@datasynergies.com.au

Jack Murray
Co-founder and CIO, Elker
jack@elker.com

4.1 Public disclosure

Under whistleblowing legislation, you may make public interest and emergency disclosures first to the Australian Securities and Investments Commission (ASIC) and the Australian Prudential Regulation Authority (APRA), and subsequently to parliamentarians or journalists. We strongly recommend seeking independent legal advice before taking this step.

A public interest disclosure to a journalist or parliamentarian requires all of the following conditions:

  1. At least 90 days have passed since your initial disclosure to ASIC, APRA or another prescribed Commonwealth body;
  2. You have reasonable grounds to believe that no action has been taken in relation to your disclosure;
  3. You have reasonable grounds to believe that making a further disclosure serves the public interest;
  4. You have provided written notice to the original Commonwealth body that:
    1. identifies your previous disclosure; and 
    2. states your intention to make a public interest disclosure.

4.2 Emergency disclosure

An emergency disclosure to a journalist or parliamentarian requires all of the following conditions:

  1. You have previously made a disclosure to ASIC, APRA or another prescribed Commonwealth body;
  2. You have reasonable grounds to believe the information reveals substantial and imminent danger to people's health/safety or the natural environment;
  3. You have provided written notice to the original Commonwealth body that:
    1. identifies your previous disclosure; and
    2. states your intention to make an emergency disclosure;
  4. Your emergency disclosure contains only information necessary to communicate the substantial and imminent danger.

5. Status of legal advice and whistleblowing

Understanding whistleblowing protections can be complex. Any discussions with a legal practitioner about whistleblowing matters are protected by law, even if they ultimately determine your disclosure does not qualify for protection.

If you seek independent legal advice, you may contact the Human Rights Law Centre's whistleblowing specialist:

Kieran Pender
Email: Kieran.Pender@hrlc.org.au

6. How to make a disclosure using the external platform, Elker

Elker is our secure external reporting platform, operated by Resolve Advisors. You can report either to an independent consultant or to Shirli Kirschner through this system.

The platform:

  • guides you through the reporting process
  • provides a secure tracking number for your report
  • enables anonymous reporting
  • allows secure two-way communication if more information is needed
  • lets you monitor your report's progress through a personal login

We recommend using Elker for all disclosures as it ensures accurate documentation and protects anonymity. Access the Elker portal by clicking here.

Information about your data protection is available under the FAQs on the platform. You can read more about Elker at elker.com. Our trust and platform security protocols are available at elker.com/security.

Protections we afford you

We will keep your identity confidential if you choose to identify yourself. We will also ensure you are not prejudiced or targeted for making a report.

Elker allows you to:

Report anonymously or with a name

Once you start your report, you can upload files, save it as a draft to complete later and submit it whenever you are ready.

Chat safely

Once your report is submitted, you can chat with your chosen contact, whether anonymous or named. The respondent will provide support and advice on the platform.

If you report anonymously, please save your secure access key - this lets you follow up and provide any additional information needed to resolve your concern.

Even if your matter doesn't qualify as whistleblowing, our contacts will guide you to an appropriate pathway.

 

Date reviewed: August 2024

Policy Owner: Shirli Kirschner - Director

Policy review: Annually

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