Policies

Australia Whistleblowing Policy

RAISING CONCERNS AND WHISTLEBLOWING POLICY

Bloomberg Australia Pty Ltd and its affiliates (the “Company”) are committed to conducting their  businesses with honesty and integrity. The Company expects its officers, employees, contractors and suppliers to maintain the high standards of our policies.  A culture of transparency and accountability is essential to minimise the risk of illegal or unethical conduct and to address this conduct if it occurs.

This policy applies to current and former officers, employees, suppliers of goods or services (including contractors and consultants, and their employees), secondees and volunteers of the Company.

Where an individual has reasonable grounds to suspect conduct that is of concern (which may not necessarily be unlawful), they should report it to the Company’s Ethics Hotline, by:

The Company’s Ethics Hotline is a confidential way to report illegal, corrupt or unethical conduct occurring within the Company and is operated and managed by Speakfully. Speakfully is not related to the Company, and will not record calls or pass on your name, unless you want them to.  They will pass on the details of the concern that has been raised to the Company’s investigation team.

The Company’s preference is that concerns are raised through the Company’s Ethics Hotline.  However you may, if you wish, raise a concern internally to any of the following individuals within the Company: to the APAC Head of Compliance; the APAC Head of Human Resources; an officer or senior manager; or an auditor or a member of an audit team conducting an audit. In addition, if the concern relates to taxation matters, it can also be raised with a registered tax agent or BAS agent providing tax agent or BAS services to the Company (or related entities).

Our experience is that work-related grievances or performance matters are often best resolved informally.  This includes, for example, interpersonal conflict, matters relating to engagement, transfer or promotion, a decision relating to the terms and conditions of employment or engagement, or a decision relating to suspension, termination or discipline.  Work-related matters should therefore be raised with your manager, Human Resources, or for third parties with their Company contact.

Please note that the Company is committed to protecting persons from being victimised in the workplace as a result of an actual or potential concern being raised.

Please be aware that raising a false concern or engaging in victimisation may result in sanctions, including the cancellation of contracts, disciplinary action for employees, termination of employment or other steps or corrective action as may be considered to be appropriate in the circumstances.

You may however still be subject to disciplinary action for misconduct that is revealed as a result of you raising your concern.  The Company may take the disclosure into account when determining the nature of any disciplinary action taken against you.

How the Company investigates concerns that are raised

The Company will investigate all matters in a consistent and impartial manner while taking into account the unique factual circumstances of each concern that is raised. The objective of an investigation is to determine whether there is evidence which substantiates the concern raised. The steps to respond to a concern that has been raised may include:

  • determining whether the concern that has been raised should be dealt with under this policy or another policy (for example, if it is a personal work-related grievance matter, it would be referred to Human Resources);
  • determining the appropriate person(s) to investigate the matter, which could include external investigators;
  • conducting an investigation within a reasonable period of time, which may involve speaking to witnesses, reviewing other records, analysing the information and, if possible, speaking with the individual who has raised the concern; and
  • deciding whether the concern is substantiated or not.

The outcome of an investigation will be reported on a confidential basis to the APAC Head of Human Resources and the APAC Head of Compliance.  Where possible, the person who has raised the concern will be informed that the matter has been investigated and concluded. If the investigation substantiates the disclosure, the Company is committed to addressing any wrongdoing, as appropriate.

The Company’s practice is to ensure, to the extent possible, that any investigation process is confidential, fair and objective.  The Company will endeavour to:

  • maintain the privacy of employees mentioned in a concern or to whom a concern relates;
  • provide employees who are mentioned in a concern that is raised an opportunity to respond (where reasonable and subject to our requirements to maintain confidentiality).

Employees who have raised concerns or who are mentioned in matters that are being investigated may access the Company’s employee assistance programme (EAP) through EAP<GO>.  The EAP is a free and confidential service that provides employees and immediate relatives of such employees, based in any location, with immediate advice by qualified professionals over the phone or over the internet.

Confidentiality

You can also raise a concern anonymously.   However to enable the Company to thoroughly investigate and respond to concerns that have been raised, the Company encourages you to provide your name when you raise a concern.

The Company always aims to keep the identity of the individual who has raised the concern  confidential.  However, the Company may need to disclose information reasonably necessary to investigate the concern that has been raised and in doing so, will take reasonable steps to reduce the risk of the discloser being identified.  The Company may disclose certain information in respect of concerns that have been raised, to take professional advice and where permitted by law or to prevent threats to life, health or property.

The Company may impose sanctions where an individual does not maintain confidentiality, which could include the cancellation of contracts, disciplinary action for employees, termination of employment or other steps or corrective action as may be considered to be appropriate in the circumstances.

The Company will keep files and records relating to disclosures confidential and store them securely.

Public interest disclosures

Certain types of concerns that are raised may amount to a public interest disclosure or an emergency disclosure.  We encourage you raise concerns to us in the first instance through the Ethics Hotline, to the APAC Head of Human Resources; the APAC Head of Compliance or any of the internal channels listed above.  However, you can also raise concerns that fall within the definition of a public interest disclosure under the Corporations Act 2001 (Cth) (Corporations Act), to the Australian Securities and Investment Commission (ASIC) or Australian Prudential Regulation Authority (APRA), or the Commissioner of Taxation (for a protected disclosure under the Taxation Administration Act 1953).

The Corporations Act enables you to make a public interest disclosure or an emergency disclosure about a protected matter to a journalist or a member of parliament in certain limited circumstances.

Certain individuals who raise concerns that amount to a protected disclosure, are protected from detriment, under whistleblowing legislation. The protections available to these individuals, include: identify protection (confidentiality); protection against detrimental acts or omissions for the fact of making a disclosure; compensations and remedies if subjected to detrimental acts or omissions; and civil, criminal and administrative liability protection for the fact of making a disclosure (but not for own involvement in the conduct revealed by the disclosure).

Please be aware that these protections apply where the concern is a “disclosure” under whistleblowing laws and provided that the person raising the concern has reasonable grounds for raising it.

Victimisation is prohibited

The Company is committed to protecting persons from being victimised in the workplace as a result of an actual or potential concern being raised.  These protections are essential to creating an environment where our employees, officers and others who work with the Company are comfortable reporting their concerns.  However for practical reasons, the Company may not be able to extend the full range of protections to persons who are not our officers or employees.

Victimisation is conduct that causes detriment to another person or constitutes the making of a threat to cause detriment to another person.  Reasonable management action does not amount to victimisation, which could include, for example steps to protect a person from detriment (for example reallocating duties or reporting lines) or to manage unsatisfactory performance of a person who is or may be the person raising the concern.

If you consider that you have been victimised as a result of raising a concern, or in the belief that you have made, or may raise, a concern, you should immediately report the conduct under this policy.

Where a person is found to have engaged in victimisation then appropriate action will be taken, which may include sanctions such as the cancellation of contracts, disciplinary action for employees, termination of employment or other steps or corrective action as may be considered to be appropriate in the circumstances.

If you think your disclosure has not been dealt with sufficiently or that you  have been the subject of detriment or victimisation, you may make a disclosure under this policy.

Other matters relevant to this policy

The Company has a number of other policies which address issues of behaviour by employees and officers.  Where there is any inconsistency between this policy and one or more of those other policies, then this policy prevails to the extent of the inconsistency.

This policy is not contractually binding and does not form part of any contract entered into with the Company.

The Company reserves the right, at its absolute discretion, to change this policy from time to time. You are required to periodically review the policy to update yourself on any changes to the policy.

If you have any questions about this policy, please contact the Human Resources Department via HR<GO>.

This policy is located internally on HR<GO>.

Nothing in this policy is intended to prevent any person from reporting possible breaches of laws to relevant government agencies or authorities.