Whistleblower
Garden View is committed to providing a safe environment in which all individuals can raise issues relating to its operations by protecting and supporting whistleblowers. To achieve this, Garden View fosters a culture of honesty, integrity and ethical behaviour by providing a safe avenue for raising concerns about breaches of the Aged Care Act 2024 (Cth), the Corporations Act 2001 (Cth), or serious breaches of internal policies, ensures transparency in the framework for receiving, handling and investigating disclosures, and encourages workers, residents, supporters and those involved in residents’ care to report any unethical, illegal or improper conduct. Garden View also ensures individuals can disclose wrongdoing safely and with confidence that they will be protected and supported, maintains the confidentiality of whistleblowers’ identities in accordance with legislation, and responds appropriately and promptly to disclosures raised through feedback, complaints or whistleblowing processes.
- Employees
- Directors
- Suppliers/contractors/external associates
- Residents
- Relatives/representative
- Matters that should be reported
- Any matter that a Discloser has reasonable grounds to believe is misconduct or improper stat of affairs or circumstances is in breach of Garden View’s policies, the law should be reported.
Who the disclosure is reported to
- The Commissioner or a member of the staff of the Aged Care Quality and Safety Commission.
- The Secretary of the Department of Health and Aged Care, or an official of the Department.
- The registered aged care provider.
- A responsible person of the registered provider.
- An aged care worker of the registered provider.
- A Police officer.
Examples of reportable matters, Reasonable grounds to suspect a registered provider or any of its employees or officers has or may have engaged in conduct that: Contravenes the Aged Care Act. however not limited to: - Elder Abuse
- Dishonest behaviour/conduct
- Fraudulent activity
- Unlawful, corrupt or irregular use of the company funds or practice
- Illegal activities (including theft, dealing in or use of illicit drugs, violence or threatened violence and criminal damage against property);
- Unethical behaviour, including anything that would breach the Garden View Code of Conduct;
- Improper or misleading accounting or financial reporting practices;
- A breach of any legislation relating to nib’s operations or activities, including the Corporations Act 2001 (Cth), the Insurance Act 1973 (Cth) and the Life Insurance Act 1995 (Cth)
- Behaviour that is oppressive, discriminatory or grossly negligent
- An unsafe work-practice
- Any behaviour that poses a serious risk to the health and safety of any person at the workplace;
- A serious risk to public health, public safety or the environment; or
- Any other conduct which may cause loss to residents and Garden View or be otherwise detrimental to the interests of Garden View and their residents.
Procedure:
Employees should first report any matters of concern to their direct line manager or facility manager.
Residents, representative, contractors, visitors should report the matter or concern directly to the Facility manager or alternatively via email to the whistleblower service.
Where this is not appropriate, where the person making a report does not feel comfortable making an internal report, or where an employee has made an internal report but no action has been taken within a reasonable time, the report can be made to the Whistleblower office, Phyu Han 0438 158 647 or via email whistleblower@gardenview.org.au.
Support and protection to the discloser, A Discloser will not be subject to any civil, criminal or disciplinary action for making a report that is covered by this Policy, or for participating in any subsequent investigation by Garden View.
- No employee, officer or contractor of a Garden View may engage in detrimental conduct against a Discloser who has made or proposes to make a report in accordance with this Policy, because of such report or proposed report.
- All reasonable steps will be taken to ensure that a Whistleblower will not be subject to any form of victimisation, discrimination, harassment, demotion, dismissal or prejudice, because they have made a report. However, this Policy will not protect the Discloser if they are also involved in or connected to the improper conduct or illegal activities that are the subject of a report.
- Connecting the Discloser with access to the Employee Assistance Program (EAP);
- Appointing an independent support person from the management team to deal with any ongoing concerns they may have; or
- Connecting the Discloser with third party support providers such as Lifeline (13 11 14) and Beyond Blue (1300 22 4636).
Anonymous reporting, a report can be made anonymously. However, it may be difficult for Garden View to properly investigate or take other action to address the matters disclosed in anonymous reports. In circumstances where the Discloser has not consented to the disclosure of their identity, the matter may be referred for investigation, but the investigator will be required to take all reasonable steps to reduce the risk that the discloser will be identified as a result of the investigation.
Investigation feedback, Wherever possible, and assuming that the identity of the Discloser is known, the Discloser will be kept informed of the progress and outcomes of the investigation, subject to privacy and confidentiality considerations.
Reports to other bodies, In certain circumstances a Discloser and Investigator may have a legal obligation to make a report to a statutory body or government department. Discloser and investigator should ensure that they comply with all such reporting requirements.
Refer to the Open Disclosure- Management of Adverse Event policy for further relevant procedures.
Due to the complexity of this material, users of this policy and procedures persons planning to make a disclosure who are seeking information and further explanation, including whistleblower protection and exceptions for protection can be assisted as follows:
| Person making a disclosure | Organisation | Phone | In writing |
| Employees, contractors, volunteers, residents and Supporters | Whistle blower officer | 0438 158 647 | Phyu Han-Whistle blower officer-whistleblower@gardenview.org.au. |
| Employees, contractors, volunteers, residents and Supporters | Garden View Governing Body member or DON | 02 9632 2785 | DON- DON@gardenview.org.au Borad Board@gardenview.org.au |
| Employees | Employee Assistance Program: Wisdom Wellbeing | 1800 868 659 | Web: https://www.wisdomwellbeing.com/au/ Wisdom is available as a free download via Google and Apple store and your organisation code to access is: WW369535 |
| Employees, contractors, volunteers | Fair Work Ombudsman | 13 13 94 | Post: Fair Work Ombudsman GPO Box 9887 In your capital city Fax: 1800 618 366 Inquiry form: https://portal.fairwork.gov.au/my-account/fwosignin.aspx?RedirectURL=%2fmy-account%2fmy-enquiries |
| Employees, contractors, volunteers | Fair Work Commission | 1300 799 675 | Post: Level 10, Terrace Tower, 80 William Street, East Sydney NSW 2011 |
| Employees, contractors, volunteers, Residents and Supporters | Aged Care Quality and Safety Commission | 1800 951 822 | Post: Aged Care Quality and Safety Commission GPO Box 9819, in your capital city Email: info@agedcarequality.gov.au |