Whistleblower Policy

The Pathways Project Limited Whistleblower Policy 2025

Introduction

The Pathways Project Limited recognises the value of transparency and accountability in its administrative, operational and management practices and supports the reporting of improper conduct. This Policy has been developed so that people can raise concerns regarding situations where they believe that The Pathways Project Limited, or anybody connected with it, has acted in a way that constitutes serious wrongdoing or improper conduct — including unethical, illegal, corrupt or other inappropriate conduct.

Purpose

• Encourage a person to report improper conduct in good faith if they know or have reasonable grounds to suspect such conduct.
• Provide a mechanism to report misconduct or dishonest, fraudulent or illegal activity that has occurred or is suspected within the organisation.
• Enable The Pathways Project Limited to deal with reports in a way that protects the Whistleblower's identity and provides secure storage of information.
• Ensure any Reportable Conduct is identified and dealt with appropriately.
• Ensure individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be protected and supported.
• Help maintain the highest standards of ethical behaviour, integrity and corporate governance.

Scope

This policy applies universally to all individuals connected with the organisation, including the board of directors, members, officers, staff, volunteers, suppliers and any other parties closely associated with The Pathways Project Limited. Disclosures that do not pertain to disclosable matters as defined by the Corporations Act 2001 (Cth), or where applicable the Tax Administration Act 1953 (Cth), will not qualify for protection under those laws. Other legislation, such as the Fair Work Act 2009 (Cth), may provide alternative protection.

To qualify for legal protections, a disclosure must meet three criteria: (1) the individual must be an eligible whistleblower; (2) they must have reasonable grounds to suspect misconduct relating to The Pathways Project Limited; and (3) the report must be made through the designated reporting channels.

Principles

• Higher standard — If anything in this Policy is inconsistent with any law imposed on The Pathways Project Limited, that legal obligation will prevail.
• Speak up and report it — Directors, members and volunteers are encouraged to report concerns in line with our policies and procedures.
• Our expectations — Act honestly and ethically, and make any report on reasonable grounds.
• Confidentiality and consent — The Pathways Project Limited will maintain the confidentiality of all reports and protect identity to the fullest extent possible. Reports may be made anonymously.

Definitions

Public Interest Disclosure

A disclosure of information to a journalist or parliamentarian where the discloser believes it is in the public interest, and where: at least 90 days have passed since the initial disclosure to a regulatory body (such as ASIC, ACNC, APRA or another prescribed Commonwealth body); the discloser has reasonable grounds to believe no action has been taken; the discloser believes further disclosure is in the public interest; and the discloser has given prior written notice of intention to make a public interest disclosure.

Personal Work-related Grievance

A disclosure relating to the discloser's current or former employment with personal implications, but which does not have broader implications for the organisation or relate to a disclosable matter.

Emergency Disclosure

Disclosure to a journalist or parliamentarian where the discloser has reasonable grounds to believe the information concerns a substantial and imminent threat to the health or safety of one or more persons, or the natural environment.

Whistleblower Protection Officer (WPO)

Appointed by the Board of Directors, the WPO oversees implementation of this policy and is the primary point of contact for all investigations and whistleblowing reports.

Whistleblower Investigation Officer (WIO)

A qualified and independent individual appointed by the Board to investigate allegations of reportable conduct impartially and thoroughly.

Detrimental Conduct

Any action or threat of action that causes harm to an individual who has made a disclosure — including physical, emotional, financial, or professional harm.

Reportable Conduct

"Reportable Conduct" is any past, present or likely future activity, behaviour or state of affairs considered to be:

• Dishonest, corrupt (including bribery or facilitation payments) or fraudulent;
• Illegal (including theft, drug sale or use, violence or threatened violence, or property damage);
• Sexual misconduct;
• In breach of regulation, internal policy or code;
• Improper conduct relating to accounting, internal controls, compliance, actuarial or audit matters;
• A serious impropriety or an improper state of affairs;
• Endangering health or safety;
• Damaging or substantially risking damage to the environment;
• Serious mismanagement of The Pathways Project Limited's resources;
• Detrimental to The Pathways Project Limited's financial position or reputation;
• Maladministration (an act or omission of a serious nature that is negligent, unjust, oppressive, discriminatory or based on improper motives);
• Concealing reportable conduct.

How to make a report

A report can be made to:

• The Whistleblower Protection Officer (WPO);
• The Chairperson;
• The Company Secretary;
• A Board member / director;
• The Australian Charities and Not-for-profits Commission (ACNC) — acnc.gov.au/raiseconcern.

To make a protected report, you must know of or have reasonable grounds to suspect Reportable Conduct. Provide as much detail as possible: dates, times, locations, persons involved, possible witnesses, and any evidence such as documents or emails. You may identify yourself or report anonymously (for example, by adopting a pseudonym).

Reports can also be made to a legal practitioner for the purposes of obtaining legal advice or representation about whistleblower protections, or in a form that qualifies as an emergency or public interest disclosure under the Corporations Act 2001 (Cth).

Protection

The Pathways Project Limited will not tolerate any reprisal or detriment inflicted on you because you, or somebody else, has made or might make a report of Reportable Conduct. Examples of detriment include:

• Retaliation, dismissal, suspension, demotion or termination;
• Bullying, harassment, threats or intimidation;
• Discrimination, bias or derogatory treatment;
• Harm or injury;
• Damage or threats to property, business, financial position or reputation;
• Revealing your identity as a Whistleblower without your consent or contrary to law;
• Threatening to carry out any of the above.

Protection applies regardless of whether the concerns raised are ultimately found to be true, provided you acted honestly and ethically on reasonable grounds. It also applies to individuals conducting, assisting or participating in an investigation. Anyone found to be victimising or disadvantaging another individual for making a disclosure may be subject to disciplinary action, civil or criminal penalties.

You may be entitled to: protection from civil, criminal or administrative legal action; protection from having to give evidence in legal proceedings; and/or compensation or other legal remedy.

Confidentiality

You may choose to remain anonymous throughout the disclosure and investigation. If you disclose your identity, your details will be treated confidentially to the fullest extent possible and will not be disclosed unless: you provide prior written consent; the disclosure is made to ACNC or the Australian Federal Police; the disclosure is made to a legal practitioner for the purpose of obtaining advice; disclosure is authorised under the Corporations Act 2001 (Cth); or disclosure is necessary to prevent or lessen a threat to a person's health, safety or welfare. Breaches of confidentiality may result in disciplinary action and, in some circumstances, may also be a criminal offence.

False reports

Protected Disclosures must be made on reasonable grounds. Anyone who knowingly makes a false report of Reportable Conduct may be subject to removal from their position as a Director or Member, as well as potential legal or disciplinary action.

Handling and investigating a disclosure

Within ten (10) days of receiving a Protected Disclosure, The Pathways Project Limited will endeavour to assess whether it qualifies for protection and whether a formal investigation is required. We will endeavour to provide the discloser with regular updates. We may be unable to investigate a disclosure if we cannot contact the discloser.

Contact

To make a disclosure or ask about this Policy, please contact The Pathways Project. For immediate concerns about safety, call 000.