Whistleblower Policy

1. Purpose 

This policy aims to: 

• Encourage employees and stakeholders to report misconduct.
• Provide clear procedures for making disclosures.
• Ensure whistleblowers are protected from retaliation.
• Comply with the Corporations Act 2001 (Cth) in Australia and the Protected Disclosures (Protection of Whistleblowers) Act 2022 in New Zealand.

2. Scope 

This policy applies to: 

• Current and former employees
• Contractors, suppliers, consultants
• Officers and directors
• Relatives and dependents of the above
• Any person with a connection to the company who makes a protected disclosure

3. Responsibilities

4. What Can Be Reported 

Disclosures may relate to: 

1. Fraud, corruption, bribery
2. Breaches of laws or regulations
3. Unsafe work practices
4. Environmental damage
5. Misuse of company funds
6. Harassment, bullying, or discrimination (if serious and systemic)
7. Any conduct posing a risk to public health, safety, or the financial system
8. Any other activity or behaviour that is contrary TSS’s values

5. How to Make a Disclosure

Disclosures can be made: 

1. Internally to the Whistleblower Protection Officer, HR Manager, HSE manager, or a senior executive
2. Externally to: ASIC or APRA (Australia)
3. Ombudsman or appropriate authority (New Zealand)
4. Legal practitioners for advice
5. Anonymously, if preferred

6. Protections for Whistleblowers

Under both Australian and New Zealand law, whistleblowers are entitled to:

1. Confidentiality: Identity will not be disclosed without consent.
2. Protection from Detriment: No dismissal, demotion, harassment, or discrimination. 
3. Immunity: From civil, criminal, or administrative liability for making a protected disclosure. 
4. Compensation: If they suffer loss due to retaliation. 
5. Information that could reasonably identify a whistleblower will not be disclosed without consent unless permitted by law.

7. Personal Work Grievances

Personal work-related grievances are generally not protected disclosures unless they involve serious misconduct, victimisation, or systemic issues.

8. Investigation Process

1. All disclosures will be assessed promptly.
2. All disclosures will be assessed promptly.
3. Investigations will be conducted confidentially.
4. Investigations will be conducted by impartial persons not directly involved in the matters raised.
5. Outcomes will be communicated to the whistleblower where appropriate.
6. The company may engage external investigators if necessary.
7. Reports must be made honestly and on reasonable grounds. Where a person knowingly makes a false report, acts maliciously, or deliberately provides misleading information, this may constitute misconduct and may result in disciplinary action, up to and including termination of employment or engagement.
8. No action will be taken against a person who makes a report in good faith or on reasonable grounds, even if the concerns raised are not ultimately substantiated.

9. Training and Awareness

1. 1. All employees will receive training on this policy.
   2. The policy will be accessible via the company intranet and onboarding materials.
      
      

10. Review and Updates

This policy will be reviewed annually or upon significant legal changes. Updates will be communicated to all staff.

11. Non-Compliance

Any breach of this policy may result in disciplinary action, including termination of employment or contract.

12. Record Keeping

All records relating to disclosures will be stored securely in accordance with applicable Privacy legislation in Australia and New Zealand.

13. References