INTHEBLACK September 2024 special edition - Flipbook - Page 32
W H I S T L E B L O W IN G
• carefully update their whistleblower policy to reflect
the whistleblower protection regime that began on
1 July 2019
• accurately describe the legal rights and remedies
whistleblowers can rely on if they make a qualifying
disclosure, including confidentiality, protection from
detriment, compensation, and civil, criminal and
administrative liability protection.
LaBouchardiere also emphasises to all potential
whistleblowers that ASIC is there to help.
Brown agrees that leaders have a significant role to
play, noting that many organisations are doing well
with their whistleblowing policies.
“We know that a lot of companies and a lot of
employers get it right,” he says.
“It is never only because of the law. It is usually
because leadership in those companies
or agencies, and especially the leadership of the
governance professionals in those agencies, is strong.”
At the same time, Brown says it is essential to
have strong legal frameworks to support corporate
whistleblowing programs when things go wrong.
“It is really important that the law works effectively
as a backup to those regimes.” ●
READ
an INTHEBLACK article
on confidentiality
EXPLORE
CPA Australia’s
Whistleblower Policy
GETTING IT RIGHT
In its Global Economic Crime Survey for 2024, PwC notes that proper whistleblowing programs can “increase
the pressure on companies to learn of and react to allegations of misconduct quickly”.
Based on his experience in the Malaysian market,
PwC’s Alex Tan says most whistleblowers are
naturally nervous to report misconduct and just want
to know that they can speak up without retaliation.
For companies or organisations considering putting
in place practical policies to encourage and support
whistleblowing, Tan suggests five key actions.
1. Avoid complicated “legalese”
A multi-page whistleblowing policy written in
legalese is likely to deter many well-meaning
whistleblowers from coming forward, according to
Tan. “Keep it simple,” he says. “Write a policy of
one or two pages in simple everyday language that
people from the top to the bottom of the company
can easily understand.”
2. Accept anonymous tip-offs
Tan says many companies mistakenly implement
policies that reject or discourage anonymous tip-offs
from would-be whistleblowers. “As a whistleblower, if
I’m anonymous or not anonymous, it shouldn’t matter,”
he says. “It is the quality of the information I provide in
support of my whistleblower hotline that counts.”
Tan concedes that anonymity can make follow-up
investigations into complaints more difficult to
pursue (and, in fact, legislation in some countries
does not support anonymous complaints), but he
32 INTHEBLACK September 2024 SPECIAL EDITION
notes that crime-reporting services such as Crime
Stoppers in Australia have long benefited from
anonymous informants.
3. Triage’ any complaints to verify authenticity
Although anonymity can lead to vexatious or
unsubstantiated claims from disgruntled employees,
Tan says good governance demands that companies
should want to know everything. “Then it is up to
your triaging processes,” he says.
4. Train your whistleblowing response team
Tan endorses ASIC’s call for organisations to train the
people responsible for handling whistleblowing
reports and communicating with whistleblowers.
This can help streamline the triaging process and
ensure that whistleblowers are treated fairly and
responsibly “because you’re often dealing with
people who can be very emotional or reluctant to
impart information”.
5. Demonstrate buy-in from the top
Tan says leaders should “walk the walk” when it
comes to a culture of reporting problems or incidents.
That means CEOs and board members should sit in
on staff training sessions to underline their support for
whistleblowing programs. “They’re effectively telling
employees that ‘I want you to report’.”
