Whistleblower (Protected Disclosure) Policy

1. Purpose and Commitment

Safe Hands is committed to a culture of openness, honesty, and accountability. We recognise that workers, participants, families, and others may sometimes witness or become aware of conduct that is wrong, harmful, or contrary to our values and obligations as an NDIS provider.

This policy:

• Encourages people to speak up when they have genuine concerns about misconduct or wrongdoing
• Establishes clear, safe channels for making a disclosure
• Commits Safe Hands to protecting anyone who makes a disclosure in good faith from any form of reprisal, disadvantage, or detriment
• Ensures all disclosures are investigated seriously and impartially

Speaking up protects participants, protects colleagues, and helps our organisation remain trustworthy and compliant. We will never penalise anyone for raising a concern in good faith - even if the concern is ultimately found to be unsubstantiated.

2. Legislative Framework

3. Who Can Make a Disclosure

The following people may make a protected disclosure under this policy:

• Employees (current and former)
• Contractors, labour hire workers, and subcontractors
• Volunteers and student placements
• Participants, their families, and authorised representatives
• Suppliers and associates of Safe Hands
• Any person who has an association with Safe Hands and becomes aware of potential wrongdoing

A disclosure may be made anonymously. Anonymous disclosures will still be taken seriously and investigated to the extent possible, though it may limit our ability to follow up with the discloser or provide feedback on the outcome.

4. What Matters Are Covered

This policy covers disclosures about conduct that a person reasonably believes constitutes:

• Abuse or neglect of a participant - physical, sexual, emotional, financial, or psychological abuse; restrictive practices used without proper authority
• Fraud, theft, or financial misconduct - misuse of participant funds, false NDIS claims, fraudulent invoicing
• Serious violations of the NDIS Code of Conduct - conduct that endangers participant safety or dignity
• Breaches of law or regulation - criminal conduct, breaches of the NDIS Act, WHS violations, privacy breaches
• Corruption or bribery - conflicts of interest not disclosed, improper payments
• Unsafe or dangerous practices - working conditions or practices that create a serious risk of harm
• Cover-ups or intimidation - attempts to conceal wrongdoing, discourage reporting, or intimidate a person who has raised concerns

5. How to Make a Disclosure

Disclosures can be made through the following channels. You do not need to be certain that wrongdoing has occurred - a reasonable belief is sufficient to make a protected disclosure.

5.1 What to Include in Your Disclosure

To help us investigate effectively, please include as much of the following as you are able to provide:

• A description of the conduct or incident, including what happened, when, and where
• The names or roles of the people involved (if known)
• Whether there are any witnesses or others who may have relevant information
• Any supporting documents or evidence (if available)
• Whether the matter has been raised before and if so, the outcome
• Your preferred method of contact for follow-up (if not anonymous)

6. Protections for Disclosers

Safe Hands is committed to protecting any person who makes a disclosure in good faith from any form of reprisal. Good faith means the person honestly believes the information is true - it does not require the disclosure to be proven correct.

7. How We Investigate Disclosures

7.1 Acknowledgement

Safe Hands will acknowledge receipt of a disclosure within 3 business days (if contact details are provided). The acknowledgement will confirm that the disclosure has been received and will be investigated.

7.2 Assessment

The Director (or, where the Director is implicated, an independent appointee) will assess the disclosure to determine:

• Whether the matter falls within the scope of this policy
• The seriousness and urgency of the alleged conduct
• Whether immediate protective action is required (e.g., suspending a worker, removing a participant from harm)
• The most appropriate investigation process

7.3 Investigation

Investigations will be conducted impartially, confidentially, and as expeditiously as the circumstances allow. The investigator will:

• Gather relevant evidence, including documents, records, and interviews
• Protect the identity of the discloser throughout the process
• Give the person(s) alleged to have engaged in misconduct a reasonable opportunity to respond to the allegations before findings are made
• Keep the discloser (if not anonymous) informed of progress at reasonable intervals

Complex or serious matters (e.g., allegations of participant abuse, financial fraud) may be referred to the NDIS Commission, NSW Police, or other relevant authorities. Safe Hands will cooperate fully with any external investigation.

7.4 Outcome and Feedback

Upon completion of the investigation, the Director will:

• Take appropriate action, which may include disciplinary action, reporting to regulators, process improvements, or training
• Inform the discloser (if not anonymous and to the extent permitted by privacy obligations) that the investigation has concluded and what general action has been taken
• Document the investigation, findings, and actions in a secure record

7.5 Timeframes

8. Responsibilities

9. False or Vexatious Disclosures

The protections in this policy apply to disclosures made in good faith - that is, where the discloser honestly believes the information to be true at the time of disclosure. A disclosure that is later found to be incorrect is still protected, provided it was made honestly.

However, a person who deliberately makes a false or vexatious disclosure (i.e., knowingly provides false information, or makes a disclosure with the intent to harm another person rather than to report genuine wrongdoing) will not be protected under this policy, and may face disciplinary action. Safe Hands takes false allegations seriously, particularly where they cause harm to individuals unfairly accused.

10. Record Keeping and Confidentiality

• All disclosures and investigation records are stored securely and separately from general staff or participant records
• Access is restricted to the Director and any appointed investigator
• Records are retained for a minimum of 7 years
• The discloser’s identity is never recorded in publicly accessible documents
• Where a disclosure is shared with a regulator or legal authority, this is done in accordance with the applicable legislative requirements and privacy obligations

11. Policy Review

This policy is reviewed annually or following any significant disclosure, investigation, or change in relevant legislation. Workers are notified of material changes at induction and via direct communication.

12. Related Documents

• Feedback & Complaints Policy (POL-CMP-001)
• Code of Conduct Policy (POL-COC-001)
• Incident Management & Reporting Policy (POL-INC-001)
• Privacy Policy (POL-PRV-001)
• Conflicts of Interest Policy (POL-COI-001)
• Corporations Act 2001 (Cth), Part 9.4AAA
• NDIS (Incident Management and Reportable Incidents) Rules 2018
• NDIS Code of Conduct 2018