Whistleblower policy

Davidson’s values are the foundation of how we behave and interact with our clients, our candidates and each other, observing the highest standards of fair dealing, honesty, and integrity in our work activities.

This Whistleblower Policy has been implemented to ensure members of the Davidson community can raise concerns regarding any serious wrongdoing without being subject to victimisation, harassment, or discriminatory treatment. 

Scope

Whistleblower protections in accordance with this Policy apply to all current and former Davidson employees, officers, contractors, suppliers (and their employees) consultants, volunteers, and labour hire workers as well as the spouses, dependents or relatives of those persons, (Eligible Whistleblowers) engaged by Davidson Group (Aust) Pty Ltd (ABN 43 167 652 155) or any of its related bodies corporate as defined by the Corporations Act 2001 (Cth) (together, Davidson).

Purpose

The purposes of this Whistleblower Policy are to:

• Encourage reporting of genuine concerns of serious wrongdoing; 
• Outline how Davidson will deal with reports of serious wrongdoing; and
• Set out the avenues available to Eligible Whistleblowers to report serious wrongdoing to Davidson.
  
  

Nothing in this Policy affects, restricts, or removes whistleblower rights or protections under legislation.

This Policy will be posted to the Davidson intranet and incorporated into induction.

Recipient Contact Details

Matters to Report

Eligible Whistleblowers should report in accordance with this Policy any conduct suspected on reasonable grounds to involve:

• Unlawful, corrupt or irregular practices or use of company funds 
• Illegal activities (including fraud, theft, dealing in the use of illicit drugs, violence or threatened violence and criminal damage against property)
• Unlawful behaviour relating to Davidson’s operations or activities, including but not limited to a failure to comply with regulations and laws that apply
• Unethical behaviour, including matters that may breach Davidson’s Code of Conduct (located on the Intranet) or related policies
• Improper or misleading accounting or financial reporting practices
• ·Behaviour that is oppressive, discriminatory or grossly negligent
• Any behaviour that poses a serious risk to the (physical or mental) health and safety of any person at the workplace or a serious risk to public health, public safety or the environment (though our Incident Report Form (located on the Intranet) should be used to report WHS incidents and near misses)
• Suspicion or evidence of modern slavery: This includes, but is not limited to, forced labour, human trafficking, child labour, debt bondage, and any form of exploitation or coercion involving workers within Davidson or our client or in our supply chain.
• Any other conduct which may be detrimental to the interests of Davidson

If you are not sure whether a matter of affairs is a reportable matter, you may speak confidentially with Davidson’s Whistleblower Protection Officer or obtain independent legal advice.

This Policy does not cover personal work grievances (e.g. relating to pay or employment entitlements), except if the grievance

• Relates to Davidson punishing the Eligible Whistleblowers for making a prior whistleblower report; or
• Involves significant implications for the company.

Please see the Grievance Policy and Procedure (located on the intranet) for reporting personal work grievances. 

Protection of Whistleblowers

An Eligible Whistleblower reporting their concern on reasonable grounds and in accordance with this Policy will not be discriminated against or disadvantaged in their employment or engagement with Davidson, even if their concern is found to be incorrect or not substantiated. All reasonable steps will be taken to ensure such whistleblowers will not be subject to any form of victimisation, discrimination, harassment, demotion, dismissal, or prejudice, because they have reported their concern.

However, this Policy will not protect a person who is not an “Eligible Whistleblower”, nor will it protect an Eligible Whistleblower from punishment directly related to their involvement in improper conduct or illegal activities being reported. This Policy will not protect the Eligible Whistleblower from being subject to reasonable management action designed to protect them or to manage their unsatisfactory work performance.

An Eligible Whistleblower can report their concern anonymously and still receive protection. Davidson will endeavour to preserve such anonymity and confidentiality, as required by law, except in situations where disclosure of identity is compelled by law. 

Information in the Eligible Whistleblower’s report will be disclosed only if and so far as it is reasonably necessary for the purpose of an investigation.

Eligible Whistleblowers who report their concern under this Policy must have reasonable grounds for believing that the information is correct or likely to be correct. Davidson takes all reports made under this Policy seriously and therefore looks unfavourably on any false reports or claims. Disciplinary action may be taken against any Eligible Whistleblowers who make a report that is not based on reasonable grounds. 

Whistleblowers who do not receive the protection described in this Policy may be entitled to seek compensation and other remedies through court. You should seek legal advice if you believe Davidson is not complying with this Policy. 

Making a Report

An Eligible Whistleblower should report their concern to any one of the following eligible recipients:

• Their supervisor (or relevant recruitment consultant for labour hire workers);
• Davidson’s People and Culture team;
• Davidson’s CEO, CFO or COO;
• Davidson’s nominated Whistleblower Protection Officer (currently the Company Secretary); or if the worker feels external reporting is necessary,
• A person or office independent of Davidson appropriate for receiving reports, e.g., lawyer, Davidson’s financial auditors, ASIC, ACCC, APRA, ATO, FWC
• A journalist or parliamentarian in certain circumstances involving an emergency or public interest if they have previously made an unanswered report to the above recipients. Davidson encourages an Eligible Whistleblower to obtain independent legal advice before making an emergency or public interest disclosure. 

An Eligible Whistleblower may report via whatever method they feel comfortable and appropriate, including in person, over personal phone, or email, from a private/hidden phone number, via anonymised email addresses, or using a pseudonym.

If a report is made other than to an eligible recipient above, it may not qualify for protection under this Policy. 

Investigations

An eligible recipient of internal reports at Davidson will:

• If they reasonably believe the report is neither trivial nor fanciful, ensure that the allegation is investigated and a finding is made; or
• If they reasonably believe the report is unquestionably trivial or fanciful, dismiss the allegation and notify the person making the report of their decision. An Eligible Whistleblower may on reasonable grounds make further protected disclosures under this Policy which are not trivial or fanciful.

The purpose of an investigation is to determine whether there is enough evidence to substantiate or refute the matters reported.

All investigations will observe the rules of natural justice and the provisions of procedural fairness. All reasonable efforts will be made to preserve the confidentiality of any investigation, including for the Eligible Whistleblower and any subjects of complaint.

An Eligible Whistleblower may refuse to answer investigation questions if it would tend to reveal their identity. Anonymity will be protected throughout investigation, the making of any investigation report (e.g., by redacting identifying information and using gender-neutral language), and indefinitely into the future (e.g., by restricting access to investigation files) so far as practical.

However, continued communication between the investigator and Eligible Whistleblower is encouraged to facilitate the investigation.



Where appropriate considering how senior, widespread, or serious the issues are, an external investigator may be used to conduct an investigation.

To avoid jeopardising an investigation, an Eligible Whistleblower who has made a report under this Policy is required to keep confidential the fact that a report has been made (subject to any legal requirements).

Wherever possible, the Eligible Whistleblower will be kept informed of the progress and outcomes of the investigation, subject to privacy and confidentiality considerations.

The methods for documenting and reporting findings will depend on the nature of the disclosure. There are limited circumstances where it may not be appropriate to provide details of the outcome to the Eligible Whistleblower. 

Breaches

Any breach of this Policy will be taken seriously and may result in counselling and/or disciplinary action, up to and including summary dismissal or contract termination.