In its commitment to ensuring that your privacy is protected Masterton recognises that it has obligations under the Privacy Act 1988 (Cth) ("Privacy Act"). The object of this Policy is to set out how Masterton collects, uses, discloses and manages “personal information” which is collected from you and that the manner in which this information is handled is open and transparent and in accordance with the Australian Privacy Principles under the Privacy Act.
“AAP” means the Australian Privacy Principles under the Privacy Act;
“ Masterton” reference to Masterton in this Policy means Masterton Homes Pty Ltd and its related companies and trusts ("the Masterton Group or Masterton");
“Personal information” means information as defined in the Privacy Act which generally relates to it is any information that can be used to personally identify you such as your name, address, telephone number and email address.
“You” means Masterton’s customer and, where relevant, includes members of the general public.
Compliance with AAP 1 - Open and Transparent management of Personal Information and implementation processes ensuring Compliance with this Policy and Compliance with AAP3- Collection of Personal and Sensitive information
Collecting Personal Information
The kind of personal information we will collect will depend upon the circumstances in which we deal with you and the type of service or product that you may seek from Masterton.
Regardless of the type of service that Masterton is providing, or the circumstances in which we come to deal with you, you will not be required to provide any “sensitive personal information”. This is information such as racial or ethnic origin, your political opinion, religious beliefs, sexual orientation or health information within the meaning of the Privacy Act. This type of information is not required to be given to us.
What type of Personal Information do we collect?
As our business involves and building homes and selling home and land packages the personal information we will collect may include the following:
Initial customer contact
Your name, date of birth, gender and marital status;
Your contact details including address, email address, telephone numbers including home, work and mobile ;
information to verify your identity such as your driver's licence;
details of products and services that you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
your preferences for particular products or services;
Entering into Contracts for the provision of any of our goods and services
In addition to the above matters we will also require information relating to your income and credit-worthiness as evidence that you have the relevant funds for us to proceed with the construction of your dwelling;
We will also require proof of ownership of the land upon which we will be building;
We may also require information in order to enable us to liase with your bank or lending Authority;
We may require information in order to enable us to prepare an Initial Quotation/New Home Proposal;
We may require information where we receive any preliminary payment pursuant to an Authority to Prepare Plans;
Information Collected from your visit to our website
Any information relating to you that you provide to us directly through our website or indirectly through use of our website or online presence such as your name and email address;
You will be given a choice as to the extent of the personal information required but it must be a sufficient amount of information in order to enable us to provide the services offered by us and for us to contact you for the purpose of assisting us in responding to any query you send us;
Other than your personal details we may also collect information such as your IP address, the date and time that you view the site, the pages accessed on our Site, the type of web browser you use, your e-mail address if you send us a message and if you register onto the site during the registration process we may ask you to provide your telephone number;
information regarding what web pages you access;
Masterton keeps track of the Web sites and pages our customers visit within Masterton in order to determine what Masterton services are the most popular. This data is used to deliver customized content and advertising within Masterton to customers whose behavior indicates that they are interested in a particular subject area..
Other circumstances where we may collect Personal Information
We may from time to time ask you to participate in customer surveys so that we can obtain feedback regarding our services and products or inform you of potential new services that may be offered.
How we collect information
Masterton will collect your personal information directly from you unless it is unreasonable or impracticable to do so. We may collect it in any of the following ways including but not limited to:
through your dealings with our sales representatives;
online via our websites;
through participation in surveys and promotions run by Masterton;
through enquires made by you with us either in person, by telephone, email and/or social media.
We may also collect personal information from third parties including from our related companies, including but not limited to, marketing agencies, credit reporting agencies, law enforcement agencies and other government entities.
Monitoring and Recording of Voice Communications
The Masterton telephone system is monitored by the Recording of Voice Communications via the “PBExtra Call Recording Gateway” system. This means that all verbal communications made in telephone calls are recorded in real time. This includes all incoming or outgoing calls made from the Masterton telephone network.
The monitoring and recording of voice communications is undertaken in order to enable Masterton to provide a better service to its customers and in so doing to lawfully protect the interests of the organisation in relation to its day to day business operations. The primary objective is to improve customer service and to review and improve its dealings with customers with a view to developing a training programme to enable employees to develop the skills required when dealing with customers and the general public.
(i) Notification Requirements to Customers for Incoming Calls
Incoming callers to the Masterton telephone network will be advised of the recording system by an automated recording in which words to the following effect will be stated:
“Your call may be listened to and recorded for quality and training purposes.”
Where there is an objection to the recording there is available an “opt out process”. Any person wishing to opt out should so advise the Masterton representative so that the opt out process can be applied.
(ii) Notification Requirements to Customers for Outgoing Calls
Where an outgoing call is made from the Masterton telephone network the caller will advise the person to whom the call is being made that the call is being monitored and recorded for training and quality purposes.
Where there is an objection to the recording there is available an “opt out process”. Any person wishing to opt out should so advise the Masterton representative so that the opt out process can be applied.
Non Personal Information
Non personal information is information collected from visitors to the Masterton website for the purpose of data collection which is used for us for analytical or statistical purposes so that we can improve our site, assess web page flow, assess the effectiveness of promotions and advertising.
This information may be required by us to be disclosed to advertisers or related business partners solely for the purpose for providing a better and improved site. Non personal information includes information such as IP addresses, cookies and software designed to enable you to better navigate the site.
Use of tracking software
Masterton may use tracking software for the purpose of determining web traffic to the site. No personally identifiable information is used during this tracking process.
Implementation of this Policy
Compliance with AAP 2- Anonymity and Pseudonymity
Due to the nature of our business it is impracticable for us to deal with individuals who have not identified themselves or have in use a pseudonym. As such we cannot offer customers the option of dealing with us on this basis.
AAP-4 Dealing with unsolicited personal Information
If Masterton receives unsolicited personal information about you, then it will, in accordance with AAP 4, determine within a reasonable period of time whether the information could lawfully have been collected by it. If the information could have been obtained by Masterton then, AAP 5- 13 (below) will apply to the information.
If Masterton determines that it could not have collected the information then it will destroy or de-identify the information as soon as practicable, but only if lawful and reasonable to do so, and only if the information is not contained in a Commonwealth record.
AAP 5- Notification of Collection of Personal Information and Dealing with Personal Information
The purpose for which the information is collected, held and used
Any personal information collected by us will be required in order for you to utilise the services offered by us. Your personal information is important information about you and we will ensure that it is collected and stored securely. The use of any personal information is carefully monitored and will be restricted solely to enabling us to ensure delivery of any service offered by us or to inform you of other products or services available from Masterton and its affiliates.
Masterton does not sell, rent or lease its customer lists and/or any personal information that it obtains in any of its dealings with you to third parties.
Your personal information is required in order to enable us to provide our services to you. . Personal Information may also be disclosed between the Masterton Group of Companies.
Masterton may disclose your personal information to its trusted suppliers and contractors (“Third Party Suppliers and Contractors”) in order to enable the supply of goods and services, provide customer support, or arrange for deliveries. Masterton will ensure that as part of its terms and conditions of trading with Masterton, that all such Third Party Suppliers and Contractors are required to observe the following:
They are prohibited from using your personal information except to provide these services to Masterton;
AAP 6- Dealing with Personal Information
The use of any personal information is carefully monitored and will be restricted solely to enabling us to ensure delivery of any goods and services offered by us or to inform you of other products or services available from Masterton and its affiliates. You acknowledge that the primary purpose of providing your personal information to us is in order to enable Masterton to supply of goods and services, provide customer support, or arrange for deliveries.
In order to provide our products and services, we may need to share Personal Information with other organisations being its trusted suppliers and contractors. You agree to allow us to release your personal information to these third parties as it is incidental and necessary in order to enable us to deliver our goods and services to you. Commonly, organisations we would share such information with, include:
Related or associated companies
Agents, contractors and service providers
Your or our professional advisers
regulatory authorities where required by law;
(“Third Party Suppliers and Contractors”).
You acknowledge and agree that it in order to enable Masterton to provide its goods and services it will be necessary for it to disclose your personal information to the third party Supplier and Contractor. In so doing, you have no objection to the release of your personal information to them.
You acknowledge and agree that any recorded telephone conversation may be required by us to be released to a third party supplier contractor who will be retained for the sole purpose of assisting us in developing our training and development programmes.
Release of Personal information to Third Parties
We will not use or disclose your personal information to any other third party other than as set out above unless we obtain your express consent to do so.
Your personal information will not be released to any third party or for any secondary purpose unless required by us by law or to enable us to establish, exercise or defend a legal or equitable claim or for the purpose of a confidential alternative dispute resolution and in accordance with the terms of this Policy.
AAP 7- Direct Marketing
You acknowledge that from time to time we may use your personal information to advise you of our promotional offers or products, services, discounts, competitions and special promotions that we consider may be of interest to you. These communications may be sent by email or SMS or telephone. You consent to us advising you those direct marketing communications by these methods.
If you do not wish to receive any marketing material you may opt-out of receiving marketing communications by contacting us directly, on the contact details below, or by using any opt-out facilities provided in the marketing communications.
If you wish to opt-out of other (or all) marketing communications or mailing lists, please contact us directly on the email address below.
Opting-out of other marketing communications
You can opt out if you prefer to not receive direct marketing communications about our latest products, services, promotions and offers. In order to opt-out, please contact us using the contact details below.
AAP 8- Cross Border Disclosure
Disclosure of your personal information outside Australia.
Masterton is not likely to disclose personal information that it receives directly from you to overseas recipients. However, our website makes use of Cloud computing technologies and our servers may be located overseas. Therefore, if you provide us with personal information, you consent to our collection, use, disclosure of your personal information and to the transfer and storage of that information on our overseas servers .If information is transferred to a recipient overseas we will ensure that the foreign country has provisions for the appropriate protection of personal information as required by the relevant privacy laws.
AAP 9- Adoption Use or disclosure of Government related identifiers
Masterton does not intend to use or obtain personal information that may be considered to be an “identifier” or “government related identifier “ (such as a Medicare card number) within the meaning of the Privacy Act.
AAP 10-Quality of Personal Information Obtained
All reasonable steps will be taken by Masterton to ensure that the personal information collected by it is accurate, up to date and complete and relevant for the purpose that it is required.
Accessing and updating your personal information:
You may request access to your information at any time for the purpose of ensuring that it is accurate, up to date and complete for the purposes required by us. Where access is requested the matters set out at AAP 12 below will apply.
AAP 11-Secuirty of Personal Information collected
Storage and Security of Personal Information
Masterton takes all reasonable security measures to protect personal information from loss, unauthorised access, destruction, misuse, modification or disclosure by any person, employee or agent. It has in place relevant policies for Document Storage and protection as well as compulsory confidentiality provisions with all employees and contractors.
Masterton will take all reasonable steps to ensure the security of our website and to protect any personal information held from misuse, interference and loss, unauthorised access, modification or disclosure. Any information which we hold for you electronically is stored on secure servers.
A variety of tools have been implemented in order to protect your personal information against unauthorized access and disclosure.
Further, any employee, independent contractors or agent that we engage is required to observe confidentiality and respect the privacy of any personal information held or obtained by us from you. To the extent permitted by law, however, we will not be liable for any loss as a result of any unauthorised access or use of your personal information by any third party including any employee, independent contractor or agent resulting from or arising from unauthorised access of your personal information. We cannot however, guarantee unauthorized access and disclosure of your personal information.
In order to ensure that your personal information is kept securely you agree to keep your personal information secure, by ensuring that any password used by you on this site is kept confidential and not disclosed to any other person. In the unlikely event that there is any unauthorised use of your account by any person, or any breach of security relating to your account of which you become aware then you agree to notify us immediately. Any personal information that may have been obtained via our telephone monitoring and recording system will be secured against any misuse and interference as well as against unauthorised access, modification or disclosure. It will be destroyed when no longer needed.
AAP 12-Access to Personal Information
You may access your personal information by contacting us at the below listed contact details. The following applies to requests for information by you.
Dealing with request for information
Masterton will respond to a request for access to information within a reasonable period after the request is made and, subject to the matters listed below, give access to the information in the manner requested by the individual, if it is reasonable and practical to do so.
In accordance with AAP 12.3, Masterton is not required to give you access to the personal information to the extent that:
it reasonably believes that giving access would pose a serious threat to the life, health or safety of an individual or to public health or public safety; or
giving access would have an unreasonable impact on the privacy of other individuals; or
the request for access is frivolous or vexatious; or
the information relates to existing or anticipated legal proceedings between Masterton and the individual and would not be accessible by the process of discovery in those proceedings; or
giving access would reveal the intentions of Masterton in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
giving access would be unlawful; or
Denying access is required or authorised by or under an Australian law court/Tribunal Order; or
Both of the following apply:
(i) Masterton has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Masterton’s functions or activities has been, is being or may be engaged in;
(ii) Giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or
(i) Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
(j) Giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision making process.
In accordance with AAP 12.9, if Masterton refuses to provide the information because of any of the above matters or to give access in the manner requested, Masterton must give a written notice to you that sets out:
(a) the reasons for the refusal except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so; and
(b) the mechanisms available to complain about the refusal; and
(c) Any other matter prescribed by the regulations.
If the refusal is due to the matters set out in clause AAP 12.3 (j) the reasons for the refusal may include an explanation for the commercially sensitive decision.
How an individual may complain about a Breach of this Policy:
Our contact details can be found on the home page on the website at www.masterton.com.au. If you do not have access to the internet and want to contact us by mail you should address your complaint as follows:
The Chief Executive Officer
C /2 Sappho Rd, Warwick Farm,
Upon receipt of your complaint we will respond within 14 days and advise you whether we will conduct an investigation into the matters complained about by and advise you as to when our investigations into the matter are expected to be completed. At the conclusion of our investigations we will contact you in writing, to advise the outcome and invite you to respond to us. If we receive a response from you, we will assess it and advice of our further reply.
If you are still dissatisfied with our response then we will advise you about further options including, if appropriate, review by the Privacy Commissioner.
APP-13 Correction of Personal Information
Correction of personal Information
If information is held which Masterton believes is inaccurate, out of date, incomplete, irrelevant or misleading or where you request that information be corrected then Masterton will take such steps as are reasonable to correct the information to ensure that having regard to the purpose for which it is held the information is accurate up to date, complete, relevant and not misleading.
If Masterton corrects information that it previously disclosed to one of its Third Party Suppliers and Contractors (as referred to above), and you request that they be notified of the correction then Masterton will take such steps as are reasonable to give the notification unless to do so would be impractical or unlawful.
If Masterton refuses to correct the personal information as requested by you then it must give the individual a written notice that sets out the reasons for the refusal, the mechanism available to complain about the refusal and any other matter required by the Regulations. If Masterton refuses to correct the personal information is requested by You and you request Masterton associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading, Masterton must take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
If a request is made for a correction then Masterton will reply within a reasonable period of the request being made and will not charge the customer for correcting the personal information or for the associating statement.
Removal of Personal information
We will delete or permanently remove any personal information we may have collected after a reasonable period has lapsed.
This Policy will be reviewed regularly and as required We reserve the right to review, and change this policy at any time. A copy of this Policy will be available on the Masterton Homes Pty Ltd website at www.masterton.com.au . A hard copy of the Policy can be made available, free of charge upon written request being made to the Chief Executive Officer.
The Masterton Group of Companies WHISTLEBLOWER POLICY
The Masterton Group of Companies (hereafter referred to as “Masterton” and incorporating Masterton Homes Pty Ltd, Masterton Development Family Trust, New Living Homes Pty Ltd and New Edge Homes (NSW) Pty Ltd and any other Related Bodies Corporate as defined in the Corporations Act 2001 (Cth) from time to time) is committed to a culture of corporate compliance and high ethical behaviour.
Masterton is committed to detecting and preventing unethical, improper, illegal, corrupt and dishonest behaviour, and any conduct that constitutes an offence under the laws prescribed in the Corporations Act 2001 (Cth) (the “Corporations Act”) from time to time (“Wrongdoing”) and treats very seriously all complaints and concerns about Wrongdoing. Masterton encourages open communication so that concerns may be raised without fear of victimisation in any manner.
This policy provides a framework for bringing suspected corrupt, illegal or unethical behaviour to the attention of management in a secure manner, while at the same time protecting the confidentiality of those disclosures and the individuals who, in good faith, report such conduct.
- applies to all of Masterton’s current and former employees, contractors, office holders, associates, a relative or dependent of a current or former employee, contractor, office holder, associate of Masterton, persons who supply services or goods to Masterton (whether paid or unpaid) and the employees, relatives, dependents or spouses of such persons and any other person who may be prescribed as an eligible whistleblower under applicable legislation or regulations (“Eligible Whistleblower”);
- does not apply to general employment or work-related grievances and complaints by a person about their own employment, work arrangement or situation (“Personal Grievances”).
- sets out the procedures for the receipt, retention and treatment of complaints about
An Eligible Whistleblower will only be entitled to the protections of this policy if they make a Qualifying Disclosure.
What is a Qualifying Disclosure?
A Qualifying Disclosure is a disclosure of information made by an Eligible Whistleblower where:
- the information is disclosed to an “Eligible Recipient”;
- the Eligible Whistleblower has reasonable grounds to suspect that the disclosed information concerns misconduct, or an improper state of affairs in relation to Masterton or any related body corporate of Masterton. Without limitation, this includes where the Eligible Whistleblower has reasonable grounds to suspect that disclosed information indicates that: Masterton, any related
body corporate of Masterton, or any of their respective employees or officers have engaged in Wrongdoing; or
- the Eligible Whistleblower is making an “Emergency Disclosure” or “Public Interest Disclosure”.
A Personal Grievance is not a Qualifying Disclosure. The appropriate avenue for raising a Personal Grievance is the Masterton Grievance Policy unless that information has significant implications or concerns for Masterton and concerns Wrongdoing; and
Types of matters that should be reported under this policy
An Eligible Whistleblower should make a disclosure under this policy if an Eligible Whistleblower, acting in good faith, has a genuine concern that any Wrongdoing has occurred or may occur (including any perception thereof), including with respect to:
- auditing matters including non-disclosure of internal or external audit process;
- financial malpractice or impropriety by or involving current or former employees, contractors, or office holders (including suspected and actual misuse of an individual’s position for personal gain);
- illegal conduct (including, but not limited to, theft, the use and/or sale of prohibited substances; violence or threatened violence, any other criminal act, or criminal damage against property);
- intentional or negligent disregard for legal/regulatory requirements (whether or not the conduct is unlawful or merely contrary to any state or federal legislation);
- insider trading;
- asset misappropriation;
- workers’ compensation fraud;
- misuse of Masterton’s confidential information;
- bribery, including kick-backs and illegal gratuities;
- intentional or negligent disregard for Masterton policies and procedures;
- unethical conduct;
- serious improper conduct;
- bullying, victimisation and harassment that is not personally experienced by the discloser;
- an unsafe workplace;
- any conduct which may cause financial or non-financial loss or be otherwise detrimental to the interest of Masterton;
- conduct involving substantial risk to public health or safety; or
- the concealment of any of the
Conduct that falls into any of the following categories (or any number of them):
- constitutes an offence or contravention of the following legislation (and any instruments made under them):
- Corporations Act 2001 (Cth);
- Australian Securities and Investments Commission Act 2001 (Cth);
- Banking Act 1959 (Cth);
- Financial Sector (Collection of Data) Act 2001 (Cth);
- Insurance Act 1973 (Cth);
- Life Insurance Act 1995 (Cth);
- National Consumer Credit Protection Act 2009 (Cth);
- Superannuation Industry (Supervision) Act 1993 (Cth); or
- constitutes an offence against any Commonwealth law that is punishable by imprisonment for a period of 12 months or more; or
- represents a danger to the public or financial
This policy also applies to disclosures of information which indicates misconduct or an improper state of affairs relating to an entity (for example Masterton), including with respect to the taxation affairs of that entity. For further information about the protections under the tax whistleblower regime, see the Australian Taxation Office’s webpage on tax whistleblowers.
An Emergency Disclosure may be made to members of Parliament or journalists in certain circumstances where the discloser:
- has previously made a disclosure of the information to ASIC, APRA or a prescribed Commonwealth authority (the “Recipient Authority”);
- has reasonable grounds to believe that the information concerns a substantial and imminent danger to health or safety of one or more persons or to the natural environment;
- provides written notice to the Recipient Authority stating that they intend to make an Emergency Disclosure, providing sufficient information to identify the previous disclosure; and
- where the extent of the information disclosed in the Emergency Disclosure is no greater than is necessary to inform the journalist or parliamentarian of the substantial and imminent
After all the above are satisfied, further disclosure can be made to a member of Parliament or a journalist. Disclosers may wish (and are encouraged) to obtain independent legal advice to ensure they understand the criteria for making an Emergency Disclosure that qualifies for protection before making such disclosure.
Public Interest Disclosures
A Public Interest Disclosure may be made to members of Parliament or a journalist in certain circumstances where:
- the discloser has previously made a disclosure of the information to a Recipient Authority;
- 90 days have passed since the previous disclosure was made;
- the discloser has reasonable grounds to believe action has not been taken and disclosure of information would be in the public interest; and
- the discloser provides written notice to the Recipient Authority that they intend to make a Public Interest Disclosure, including sufficient information to identify the previous disclosure and stating that they intend to make a Public Interest
After all the above are satisfied, a further disclosure of the information can then be made to a member of Parliament or a journalist, provided that the disclosure is no greater than is necessary to inform the
recipient of the misconduct or the improper state of affairs or circumstances referred to in the original disclosure. Disclosers may wish (and are encouraged) to obtain independent legal advice to ensure they understand the criteria for making a Public Interest Disclosure that qualifies for protection before making such disclosure.
Who is an Eligible Recipient?
A Qualifying Disclosure can be made to an Eligible Recipient, who is any of the following (or any number of them):
- a legal practitioner for the purpose of obtaining legal advice or legal representation about the operation of the whistleblower protections set out in Part 4AAA of the Corporations Act;
- any officer or senior manager of Masterton or any related body corporate of Masterton;
- an auditor or member of an audit team conducting an audit of Masterton or any related body corporate of Masterton;
- any actuary of Masterton or any related body corporate of Masterton; and
- ASIC, APRA, or any other Commonwealth authority prescribed from time to
How to report a matter
As noted above, to constitute a Qualifying Disclosure, the disclosure must be made to an Eligible Recipient. Masterton has set out a number of recommended avenues for an Eligible Whistleblower to consider in making a disclosure in accordance with this policy.
Where the Eligible Recipient is an external authority (e.g. ASIC), the Eligible Whistleblower should make inquiries with that authority to determine where and how that disclosure should be made. This information is generally available on the authority’s website, or can be obtained by calling them (including anonymously).
Where the Eligible Recipient is an employee, officer or representative of Masterton (or one of its related bodies corporate), an Eligible Whistleblower can make the disclosure in confidential written form which may be sent by post or email.
When making a disclosure it is encouraged to provide as much detail as possible. For example, information such as:
- details of the person/s who are the subject of the disclosure;
- the nature of conduct which is the subject of the disclosure, including the detail of any alleged Wrongdoing;
- details of any other person the Eligible Whistleblower believes can provide information relevant to the disclosure; and
- any evidence the Eligible Whistleblower has to support the disclosure and establish any alleged conduct.
- If the Eligible Whistleblower has have identified themselves in the Disclosure, the Eligible Recipient will contact them as soon as possible after they receive the Qualifying Disclosure and, ideally, within five (5) working days of them making the Qualifying
- If the Eligible Whistleblower does not receive the above contact, they should contact the Group Legal Counsel, whose contact details are email@example.com.
- Whistleblowers must appreciate that it may not be immediately evident in the workplace that action is being taken as a result of any
- The Eligible Recipient will consider the most appropriate This might include referring the matter to an internal or external investigator to investigate the alleged conduct.
- If the Qualifying Disclosure is submitted on an anonymous basis there will be no follow-up meeting regarding the Qualifying Disclosure and Masterton will be unable to communicate with the Eligible Whistleblower if more information is required, or if the matter is to be referred to an investigator.
- Masterton will endeavour to ensure that, provided the Qualifying Disclosure was not made anonymously, the Eligible Whistleblower is kept informed of the outcomes of any investigation into his or her allegations, subject to the considerations of privacy of those against whom allegations are
- The investigator is responsible for conducting the investigation in a prompt and fair The investigator is tasked with assessing, investigating and substantiating or refuting the Qualifying Disclosure. The investigator will also make recommendations to Masterton about what course of action, if any, should be taken as a result of the Qualifying Disclosure.
- During the investigation, the investigator may conduct interviews and collect any necessary information. Depending on the nature and seriousness of the Qualifying Disclosure, Masterton may refer the matter to the Police, a regulator or a law enforcement
- At the conclusion of the investigation, a confidential report will be provided to
- Masterton will ultimately decide what action is to be
- Masterton provides support services to its employees who can contact Arrow Human Capital, whose contact details are 1300 667 634. All communications with Arrow Human Capital will remain private and
Anonymity of Whistleblowers
The identity of an Eligible Whistleblower will be kept confidential to the extent reasonably possible. It is important to understand that if a report is made anonymously:
- it may restrict Masterton’s ability to be able to communicate with the Eligible Whistleblower;
- it may limit the inquiries that Masterton can make;
- it may limit Masterton’s ability to provide support to the Eligible
Where the Eligible Whistleblower does not disclose their identity to Masterton, the steps available to Masterton to reduce the risk of them being identified by another person will be limited. Where they disclose their identity to Masterton, Masterton will generally speak to them before making a disclosure to assess the risk with them, and to consider what, if any other steps can reasonably be taken.
There may be situations where anonymity cannot be guaranteed, for example, if it is self-evident from the nature of the disclosure.
Confidentiality of the discloser’s identity
Subject to a few exceptions explained below, disclosing the identity and any information that is likely to lead to the identification of an Eligible Whistleblower who makes a Qualifying Disclosure is a criminal offence and can attract hefty penalties.
Masterton may disclose an Eligible Whistleblower’s identity (if it is aware of it), if:
- they have authorised or consented to the disclosure;
- the disclosure is required by law;
- the disclosure is being made to ASIC, APRA, a member of the Australian Federal Police, or any other person or body prescribed by regulations from time to time;
- the disclosure is being made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to Part 9.4AAA of the Corporations
As far as is practicable and lawful, Qualifying Disclosures will be treated in a confidential and sensitive manner, and only disclosed to a third party on a “need-to-know” basis, for example:
- reporting to the police and other law enforcement agencies, prosecutorial authorities or regulators where there is a suspected breach of the law;
- for the purpose of court proceedings;
- otherwise as required by law;
- for the purpose of carrying out an Investigation;
- for the purpose of carrying out a recommendation made regarding a Qualifying
When making a Qualifying Disclosure under this policy, employees, consultants and contractors will not be considered to have breached an obligation under an employment contract or company policy which requires him or her to maintain confidentiality which would otherwise restrict the disclosure of information concerned in the Qualifying Disclosure.
Any Eligible Whistleblower, who has made a Qualifying Disclosure or is taking part in the investigatory process, must maintain confidentiality during and after the investigation.
Protection of a Whistleblower
Eligible Whistleblowers who make Qualifying Disclosures in accordance with the Corporations Act are protected by the law in relation to the following matters:
- protection from detrimental acts or omissions;
- identity protection (confidentiality);
- compensation and remedies; and
- civil, criminal or administrative
These protections apply not only to internal disclosures, but to disclosures to legal practitioners, regulatory and other external bodies, and Public Interest and Emergency Disclosures that are made in accordance with the Corporations Act.
Protection from detrimental acts or omissions
To the maximum extent practicable, an Eligible Whistleblower who makes a Qualifying Disclosure will be protected from victimisation.
Victimisation includes, but is not limited to, discrimination, harassment, adverse treatment in relation to that person’s employment (including dismissal), intimidation or threats.
An Eligible Whistleblower who makes a Qualifying Disclosure is protected from victimisation even if the allegations prove to be incorrect or unsubstantiated. Masterton employees who in good faith participate in, or assist in, an investigation, will also be protected from victimisation.
Masterton will treat any allegation of victimisation very seriously and will take appropriate disciplinary or other action against any person who is determined to have engaged in victimisation, which may include summary dismissal. Such persons may also be subjected to prosecution and the imposition of a civil penalty under the terms of the legislation.
An Eligible Whistleblower who believes they have been victimised as a result of their disclosure should immediately report such concern to Masterton.Examples of actions that are not detrimental conduct include reasonable administrative action or management of unsatisfactory work performance.
False disclosure by an Eligible Whistleblower
Any Eligible Whistleblower making a disclosure must do so honestly and in good faith.
Any Eligible Whistleblower who is found to have made a trivial, malicious, fraudulent or dishonest disclosure may be subjected to further action, depending on their relationship with Masterton. For example, employees may be subjected to disciplinary action (including dismissal) and consultants or contractors may have their agreement terminated. Other action including civil or criminal prosecution may be taken where warranted.
Whistleblower Implicated in Wrongdoing
Masterton acknowledges that the act of whistleblowing should not shield individuals from the reasonable consequences flowing from any involvement in Wrongdoing. A person's liability for his or her own conduct is not affected by the person's disclosure of that conduct. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action.
Breach of Policy
Breach of this policy may result in disciplinary action, which may include the termination of employment or engagement either with notice or summarily.
Accessibility of Policy
Masterton will make this policy available to its officers and employees by posting this Policy on the Masterton Group Intranet, and will be discussed at the next work health and safety committee meeting and incorporating it into induction process. A copy of the Policy will also be posted on the Masterton website at masterton.com.au, on the New Living Homes Pty Ltd website at newliving.com.au and at the New Edge Homes (NSW) Pty Ltd website at newedgehomes.com.au.
Contract and variation
This policy and subsequent procedures will be revised from time to time in light of any legislative or organisational changes.
This policy does not impose any contractual obligations on Masterton. This policy does not form any part of an employee’s contract of employment or the terms or conditions of an employee’s employment. Masterton may, from time to time, amend, revoke or vary this policy in its absolute discretion.
For any questions about this policy or if further information is required, please contact [Bob Heymel, Group Chief Executive Officer and whose contact details are firstname.lastname@example.org
Dated: April 2020