Whistleblower Protection Policy - Policy No: HR-110

This policy applies to people including management and care staff who are of the view that misconduct or inappropriate activity has occurred. This policy applies to Right at Home Australia and all Right at Home franchise offices (referred collectively as the Network) and every individual person who works for a member of the Network.

The policy is developed and implemented in accordance with the requirements of Part 9.4AAA of the Corporations Act 2001 (Cth) (the Act). It will be made available to all applicable persons by way of the Right at Home website team portal.

When giving information to us under this policy you can tell is if you would like it to be handled as a complaint, feedback or as a whistleblowing disclosure. If you elect for it to be handled as a complaint or feedback, we will follow our Complaints and Feedback Policy.  

1. What is whistleblowing?  

Where you disclose any information to us (in writing or verbally) and you have reasonable grounds to suspect that the information indicates that we may have breached the Aged Care Act.  

You can make a disclosure anonymously.  

2. Who can make a whistleblowing disclosure? 

You can make a disclosure if you are: 

1. accessing funded aged care services; 
2. a supporter of someone accessing funded aged care services; 
3. a responsible person; 
4. an aged care worker; 
5. an individual who becomes aware of information the disclosure of which would be protected under the Aged Care Act can make a disclosure.   

3. Who can I make a disclosure to?   

You can make a whistleblowing disclosure to: 

1. the Aged Care Quality and Safety Commission (ACQSC) (including the Commissioner or a staff member of the ACQSC); 
2. the Department of Health and Aged Care (Department) (including the System Governor, or an official of the Department); 
3. a registered provider (including us); 
4. a responsible person of a registered provider; 
5. an aged care worker of a registered provider; 
6. a police officer; 
7. an independent aged care advocate. 

4. How to make a whistleblowing disclosure to us 

Whistleblowers may make disclosures in writing or verbally using one of the following methods: 

1. Written Submissions by post to: The Chief Executive Officer, Right at Home Australia, Level 1, 12 Cribb Street, Milton, 4064 
2. Written submission by email to peopleandculture.ho@rightathome.com.au or ceo@rightathome.com.au  
3. Verbal submissions by contacting a Responsible Person at their local Right at Home office or calling the Home Office on 07 3177 9906 and asking for the Chief Executive Officer or Head of People and Culture.  

Aged care workers and responsible persons who receive whistleblowing disclosures must report the disclosures to the Head of People and Culture (peopleandculture.ho@rightathome.com.au) or the CEO (ceo@rightathome.com.au) 

5. How to make a whistleblowing disclosure to an external body  

Disclosures made to any external bodies, including the Department and ACQSC, may be made in accordance with the directions of that external body. This may include contacting them in writing through their website or calling them on their available numbers.  

6. How will we investigate disclosures?  

All disclosures will be treated seriously and, where appropriate, will be investigated in in accordance with our procedures. 

In carrying out our investigation, we will attempt to locate evidence to support any claims or allegations made in a whistleblowing disclosure.  

7. How will we support whistleblowers and ensure their fair treatment? 

We will support all whistleblowers while a disclosure is being investigated, including by: 

1. maintaining the confidentiality (and anonymity, where requested) of all whistleblowers, including by: 
2. redacting relevant information; 
3. referring to the whistleblower in a gender-neutral context; 
4. where possible, contacting the whistleblower to help identify certain aspects of their disclosure which may inadvertently identify them; and 
5. having disclosures handled by qualified and appropriate staff; 
6. assessing the immediate welfare and protection needs of any whistleblower; 
7. safeguarding the interests of a whistleblower in accordance with this policy and our obligations under the Aged Care Act; 
8. addressing any issues or concerns of victimisation or threats of victimisation, including by: 
9. educating and training recipients of disclosures to ensure they can identify victimisation and threats of victimisation; 
10. taking action, including disciplinary action, against any recipients of disclosures (including staff) engaging in victimisation or threats of victimisation.   

Victimisation and threats of victimisation will not be tolerated.  

8. Protection from Liability  

Under the Aged Care Act, whistleblowers are protected from: 

1. any civil, criminal or administrative liability (including disciplinary action) for making a disclosure; and 
2. any contractual or other kind of remedy being enforced or exercised against the whistleblower on the basis of the disclosure, including termination on the basis that disclosure constitutes breach of the contract.  

9. What to do if you have not been protected under this policy as a whistleblower 

Any whistleblowers who have a reasonable belief: 

1. that they are being victimised or threatened with victimisation as a result of any disclosure (or the belief or suspicion of a disclosure); 
2. that their confidentiality or anonymity has been breached under this policy; or 
3. that they have not been afforded any of the protections under this policy, must report this behaviour to the Chief Executive Officer. 

10. Further Information 

Please contact us on peopleandculture.ho@rightathome.com.au or 07 3177 9906 if you require:  

1. assistance in understanding this policy; 
2. translation of this document in order to understand it; or  
3. further information on how this policy will operate.