Whistleblower Policy

Definitions

For a report to qualify for protection under this policy, it must:

1. relate to reportable conduct; and
2. be made to an eligible recipient.

What is a Reportable Conduct (whistleblower disclosure)?

Reportable conduct is a disclosure about misconduct or wrongdoing with respect to Benetas. The person making the report must have reasonable grounds to suspect that the reportable conduct has occurred.

Reportable conduct may include:

• dishonest and/or unethical conduct
• fraud, forgery, misappropriation, misuse, misapplication, maladministration or waste of funds
• gross mismanagement
• conflicts of interest that are not declared or managed appropriately, nepotism, favouritism.
• theft, embezzlement, tax evasion
• corruption, taking or offering bribes or secret commissions.
• dishonesty involving influence, such as blackmail.
• coercion, harassment or discrimination by, or affecting, any of our age care worker, volunteers or contractors.
• abuse of public trust
• misleading or deceptive conduct of any kind, including conduct or representations that amount to improper or misleading accounting or financial reporting practices by or affecting Benetas.
• other criminally prosecutable offences
• failure to report, or concealment of, an indictable offence
• conduct that poses an unreasonable danger to the health or safety of others.
• failure to act in accordance with applicable professional and ethical standards.
• a significant threat to the environment
• a significant breach of the terms of any contract that binds Benetas.
• other serious acts such as refusing to carry out lawful and/or reasonable actions under a contract.
• other serious misconduct that may materially damage Benetas’ reputation, or may otherwise be detrimental to Benetas.
• any other act that would be considered, by a reasonable person, to be serious improper conduct or an improper state of affairs or circumstances, or amount to breaking aged care laws.
• Reportable Conduct includes any conduct that a person reasonably believes contravenes or may contravene the Aged Care Act 2024 (Cth)

What Conduct isn’t covered by the policy?

Customer Complaints:

Customer complaints are generally not considered Reportable Conduct and should instead be reported in line with our Feedback and Complaints or Incident Management Procedure.

While most feedback and complaints relate to day-to-day service experience, a complaint that raises concerns about unlawful behaviour, breaches of the Aged Care Act 2024 (Cth) or Aged Care Rules 2025 (Cth) or that identifies serious risks to the health, safety or wellbeing of an older person, may constitute a whistleblower disclosure.

An individual who discloses information through a complaint or feedback that qualifies for protection to Benetas may elect to have the disclosure managed as a complaint or as a whistleblower disclosure.”

Serious Incident Reporting Scheme

Serious Reportable incidents — including abuse, sexual assault, theft and neglect — must, in most circumstances, be reported under the Serious Incident Response Scheme (SIRS) in line with our obligations under the Aged Care Act. Where a person wishes to make a disclosure and remain anonymous, this can be made under the organisation’s Whistleblower Procedure, which provides additional protections under the Aged Care Act, and other relevant legislation.

Where an aged care worker is aware of a series reportable incident, they are obligated to report this in accordance with legislative timeframes. They can also concurrently make a whistleblower disclosure to seek whistleblower protections.

Occupational Health and Safety

Hazards, near misses or events which would be reportable under the Occupational Health and Safety Act 2004 (Vic) to WorkSafe would usually be reported through the Incident Management System. Where an individual has reason to believe an actual or potential breach of the Act, which is deliberate, wilful and dishonest, they may choose to utilise the Whistleblower reporting mechanisms.

Personal Grievances

Sometimes issues come up at work that affect you personally, but do not raise broader concerns for Benetas as an organisation. These are called personal work-related grievances. These matters are still important; however they are not usually covered by the Whistleblower Policy because they are personal in nature. Instead, they may be managed through Benetas’ Internal Grievance Procedure.

If you have a personal work-related grievance, we encourage you to speak with your manager or the People & Culture team so we can support you in the right way. Examples include:

• disagreements or conflicts between you and another colleague,
• concerns about your workload,
• concerns about a transfer, promotion, or pay,
• issues about your employment terms and conditions,
• decisions about disciplinary action, or the end of your employment or engagement.

When a Personal work-related grievance qualifies for Whistleblower protections?

A personal work-related grievance may qualify for protection under this policy if:

• It is accompanied by Reportable Conduct (mixed report)
• That person making the report suffers from or is threatened with detrimental conduct for making the report.
• The person making the report seeks legal advice or legal representation about the operation of the Whistleblower Laws

How to Make a Whistleblower Disclosure

A whistleblower disclosure can be made internally or externally if it’s disclosed to an eligible recipient as listed above and is made either verbally or in writing.

External Process

Benetas has established an external, independent and confidential Integrity Line managed by Grant Thornton. If you have a disclosure, we encourage you to contact the Integrity Line by:

• Phone: (free call) 1300 043 095
• Email: benetasintegrity@myvault.net.au
• Mail: Benetas c/- Fraud & Forensic Consulting GPO Box 4736, Melbourne

You may provide a whistleblower disclosure to the Integrity Line anonymously or on the basis that your identity is disclosed to the Integrity Line only and kept confidential from Benetas.

What you need to know about the Integrity Line

The Integrity line is managed by Grant Thornton.

Emails sent to the Integrity Line go to Grant Thornton directly and are not sent to Benetas. Aside from providing advice about Reportable Conduct, the Integrity Line will take a disclosure to an appropriate Whistleblower Protection Officer (WPO) on behalf of the Whistleblower.

If the internal nominated WPO are not appropriate, the report will be taken either to the Chair of the Board, or the Chair of the Finance, Audit and Risk Management Committee.

Julia Pryor, Chair of Benetas Board

Phone: (03) 8823 7900
Email: Julia.pryor@benetas.com.au
Mail: P.O. Box Glen Ferrie, Victoria

Sean Balding, Director and Chair Finance and Risk Management Committee

Phone: (03) 8823 7900
Email: Sean.Balding@benetas.com.au
Mail: P.O. Box Glen Ferrie, Victoria

Reports/disclosures made to the Integrity Line will be forwarded to our WPO within two working days of receiving a whistleblower report.

Urgent reports/disclosures will be reported on the same day.

Internal Process

You can submit a whistleblower disclosure directly to one of the Whistleblower Protection Officers (WPOs):

Alicia Goddard, General Manager, People, Culture and Diversity

Phone: (03) 8823 7900
Email: Alicia.Goddard@benetas.com.au
Mail: P.O. Box Glen Ferrie, Victoria

Campbell Richards, Chief Finance Officer and Company Secretary

Phone: (03) 8823 7900
Email: Campbell.Richards@benetas.com.au
Mail: P.O Box Glen Ferrie, Victoria

Other Eligible Recipients

You may also provide a whistleblower disclosure to any of the Eligible Recipients listed above. If you’re reporting to these other Eligible Recipients, you can make the Disclosure in writing, in person or by phone.

If you need to make a disclosure, we encourage you to raise it directly with the Integrity Line or one of our Whistleblower Protection Officers (WPOs). This helps us respond quickly and appropriately. In some cases, you may be asked to redirect your disclosure to one of these contacts.

Special Forms of Disclosure:

These forms of disclosure are subject to complex laws. Before making such a disclosure, a whistleblower should seek legal advice.

Public Interest and Emergency Disclosure

Normally, whistleblower protections only apply if you raise your concern with the eligible recipients we’ve listed above. However, there are some special situations where you may still be protected if you make a disclosure to a Member of Parliament (Commonwealth, state or territory) or to a journalist.

These situations are called Public Interest Disclosures and Emergency Disclosures. To qualify, you must have already made your disclosure to ASIC, APRA or another prescribed Commonwealth authority, and certain legal conditions must be met. For further information speak to one of our Whistleblower Protection Officers.

Tax-Related Disclosure

If your concern is about tax matters, you may be protected under the Taxation Act 1953 (Cth). These protections apply if you make your disclosure to the Commissioner of Taxation or another eligible recipient.

Information to Provide in a Whistleblower Disclosure

A Disclosure must contain reasonable grounds to suspect Reportable Conduct has occurred or is likely to occur. Please include all relevant information, including any specifics that will help to assess your Disclosure, such as the names of witnesses and specific evidence. Please also include the words “Whistleblower Disclosure” in your Disclosure, so it’s clear you are seeking the protections of this policy.

Management of a Whistleblower Disclosure

When a protected disclosure is made, the Integrity Line or Whistleblower Protection Officer will first check that it qualifies for legal protection. If it does, an independent investigator may be appointed to investigate the matter. The investigation will be handled fairly, confidentially, and as quickly as possible, with the Whistleblower Protection Officer focused on protecting the person who raised the concern from any negative treatment. The whistleblower will be kept informed where appropriate, and anyone named will also be given a fair chance to respond. Every step will be recorded to ensure the process is transparent and compliant with the law.

If a disclosure doesn’t meet the criteria for a protected whistleblower disclosure, the person who raised it will be informed (where appropriate) and guided to use the most suitable process instead, such as our grievance, feedback and complaints, or incident management channels.

If an anonymous disclosure doesn’t meet the criteria, the Whistleblower Protection Officer will advise the person through the same channel they used to make the report.

Your Right to Stay Anonymous

You have the right to make a whistleblower report without giving your name. This is called anonymity, and you will still be protected under this policy and the law. If you choose, you can:

• remain anonymous when you first make your report,
• stay anonymous during the investigation, and
• stay anonymous even after the investigation is finished.

You can also choose not to answer questions if you feel that doing so might reveal your identity.

At the same time, we encourage you to share your name if you feel comfortable. This helps us to:

• provide you with the right protections and support,
• gather all the information we need to decide if an investigation is required, and
• carry out a thorough and fair investigation.

No matter what you decide, your choice will be respected, and your protection under the law remains in place.

How Benetas Protects Whistleblowers

You are legally protected under the Aged Care Act 2024 (Cth) and the Corporations Act 2001 (Cth), and your disclosure is treated as a workplace right under the Fair Work Act 2009 (Cth) and the Occupational Health and Safety Act 2004 (Vic). This means you can raise concerns without fear of dismissal, demotion, harassment, or other retaliation.

Protection from Retaliation and Legal Action

Benetas has a zero-tolerance policy for any victimisation, retaliation, threats to cause detriment, or adverse treatment of anyone who makes a whistleblower disclosure or raises a concern in good faith. If you make a disclosure that qualifies for Whistleblower protections, you are protected from harassment, bullying, or any unfair treatment—even if the concern you raise isn’t proven. Your Whistleblower Protection Officer (WPO) will help protect your confidentiality, keep you informed where possible, and ensure you are treated fairly. Anyone named in your disclosure will also be treated fairly and given the chance to respond.

You will not face dismissal, demotion, or legal or disciplinary action for making a disclosure. However, you may still be accountable for any unlawful conduct or deliberately false disclosures, though in some cases, minor mistakes may not result in disciplinary action. Any retaliation against a whistleblower is a serious breach that can result in disciplinary or legal consequences.

Actions Available to a Whistleblower

Throughout the whole process if you feel unsafe, harassed, or treated unfairly because you spoke up, report it to your WPO straight away. Alternatively, if you discover there’s been a breach of confidentiality, please report this to your WPO as soon as possible. It is against the law to victimise a whistleblower. If anyone does, they may face fines and legal action.

Compensation

If you are harmed because your whistleblower rights are not respected, a court may order:

• compensation,
• an apology,
• your reinstatement (if unfairly dismissed), or
• for the harmful behaviour to stop.

Sharing this policy

We have designed our Whistleblower Policy and Procedure so that it is transparent and accessible to all team members, Benetas Older Persons and their supporters, the general public and other key stakeholders. This policy will be published, distributed, translated, and explained to employees, families, contractors, customers and residents.

Related Documents

• Whistleblower Procedure
• Prevention of Bullying, Harassment and Discrimination in the Workplace
• Code of Conduct Policy
• Complaints and Feedback Policy
• Fraud Control Policy
• Risk Management Framework
• Conflict of Interest Policy
• Incident Management Policy
• Privacy and Confidentiality Policy
• Records Management Policy
• Financial and Functional Delegations

Compliance Mapping

Commonwealth Legislation

• Aged Care Act 2024 (Cth)
• Aged Care Rules 2025 (Cth)
• Corporations Act 2001 (Cth)
• Public Interest Disclosure Act 2013 (Cth)
• Crimes Act 1914 (Cth)
• Fair Work Act 2009 (Cth)
• Privacy Act 1988 (Cth)
• Work Health and Safety Act 2011 (Cth)
• Criminal Code Act 1995 (Cth)

State Legislation

• Public Interest Disclosures Act 2012 (Vic)
• Occupational Health and Safety Act 2004 (Vic)
• Equal Opportunity Act 2010 (Vic)
• Health Records Act 2001 (Vic)

Corporate Governance and Integrity Frameworks

• ASX Corporate Governance Principles and Recommendations
• Australian Charities and Not-for-profits Commission (ACNC) Governance Standards
• Commonwealth Fraud Control Framework 2017

Guidelines and Regulatory Guidance

• ASIC Regulatory Guide 270 – Whistleblower Policies
• ASIC Information Sheet 238 – Whistleblower rights and protections
• ASIC Information Sheet 239 – How ASIC handles whistleblower reports
• Aged Care Quality and Safety Commission – Whistleblower Protections Guidance (2025)
• Department of Health and Aged Care – Aged Care Act 2024 Implementation Guidance
• OAIC Guidance – Handling Personal and Sensitive Information in Whistleblower Disclosures

Review of this policy

This policy will be reviewed annually to ensure it is meeting the requirements of the Aged Care Act 2024 (Cth) and Corporations Act 2001 (Cth)