If an Eligible Person has reasonable grounds to believe there is misconduct or an improper state of affairs or circumstances in relation to HIA’s operations, then that person may report the Alleged Wrongdoing.

This policy is not however designed to replace normal communication channels between management and employees to address questions, concerns, suggestions or complaints.

If HIA employees have any concerns about what is proper conduct for themselves or others in most instances, they may raise their concerns with their immediate supervisor. Serious matters or matters not satisfactorily resolved should be escalated through appropriate management channels in the normal course of business.

Whistleblower Reports must be based on reasonable grounds that the information disclosed is true. 'reasonable grounds' means that a reasonable person in your position would also suspect the information indicates misconduct or a breach of the law.

There will not be negative consequences if the information turns out to be incorrect, but the Whistleblower must not make a report that he or she knows is not true or is misleading. Making a false report is considered a serious matter and may result in disciplinary action.

A Whistleblower should provide information to assist any inquiry or investigation of the Alleged Wrongdoing disclosed.

Personal work related grievances are not covered under this policy.

‘Personal workplace grievances’ means a grievance about any matter in relation to an individual’s employment, or former employment at HIA, having (or tending to have) implications for that individual personally. This includes:

• an interpersonal conflict between the Whistleblower and another employee;
• a decision relating to the engagement, transfer or promotion of the Whistleblower or other employees;
• a decision relating to the terms and conditions of engagement of the Whistleblower, including individual work arrangements;
• person grievances including claims of harassment, bullying, discrimination or disciplinary matters, and
• a decision to suspend, terminate or otherwise to discipline the Whistleblower.

Any such matter should be dealt with in accordance with the applicable HIA employee services policy, such as HIA’s Employee Complaints and Grievance Policy or HIA’s Workplace Bullying and Harassment Policy.

An Eligible Individual who wishes to disclose or report Alleged Wrongdoing should first attempt to contact the HIA Whistleblower Protection Officer (WPO), either in person, by telephone or in writing. 

HIA’s Chief Executive – Infrastructure & Culture is HIA’s designated WPO.

Part of the role of the WPO is to safeguard the interests of the Whistleblower and to assist them to understand the process and protections available to them. 

Reports of Alleged Wrongdoing may also be made to HIA senior managers, HIA Board and individual directors.

Such Reports will be sent to the WPO, unless the subject matter of the Report is the WPO, in which case HIA’s Managing Director will appoint another person as WPO for the purposes of that disclosure.

To enable Alleged Wrongdoing to be properly investigated and addressed, Reports about Alleged Wrongdoings should contain the following kinds of information:

• confirmation that the Report is being provided pursuant to this policy;
• the nature of the Alleged Wrongdoing and when it occurred or is likely to occur;
• the name(s) of people involved in the Alleged Wrongdoing; and
• any material to support the matters raised in the Report such as documents, emails or the names of potential witnesses.

Whistleblowers can report anonymously. However anonymous Reports may have significant limitations that can hinder HIA properly and appropriately investigating the Alleged Wrongdoing.

Anyone who knowingly makes a false Report of Alleged Wrongdoing, or who otherwise fails to act honestly with a reasonable belief in respect of the Report may be subject to disciplinary action.

The disciplinary action or sanction will depend on the severity, nature and circumstance of the false Report.

The purpose of this policy is to facilitate and encourage the reporting of Alleged Wrongdoing to HIA. 

Nothing in this policy is intended to obstruct any person from reporting possible violations of law or regulation to any government agency or entity, or making other disclosures that are protected under Whistleblower Protection laws. 

Further information on the processes and protections under the Whistleblower Protection laws are set out in Section 9 below. 

Whistleblowers who make a Report based on reasonable grounds under this policy will only be disclosed if they give their consent to HIA to disclose that information or if the disclosure is allowed or required by law.

All files and records created related to a Whistleblower Report or an investigation will be stored and retained securely and confidentially.

Unauthorised disclosure of the Whistleblower's identity or information from which the identity of the Whistleblower could be inferred will be regarded as a disciplinary matter and will be dealt with in accordance with HIA's disciplinary procedures.

No employee, officer or contractor of HIA may engage in detrimental conduct against a Whistleblower who has made or proposes to make a report in accordance with this policy, because of such a report or proposed report. 

Detrimental conduct includes dismissal, demotion, harassment, discrimination, disciplinary action, bias, threats, victimisation or other unfavorable or retaliatory treatment connected with making a report.

Whistleblowers who consider they are subjected to detrimental treatment because they made a report under this policy, should inform the WPO. 

Any such detrimental conduct against a Whistleblower in reprisal for making a Report made under this policy will be treated as serious misconduct and will result in disciplinary action, which may include dismissal. In some circumstance it may be illegal, in which case HIA will notify the appropriate authorities.

Making a Report may not protect the Whistleblower from the consequences flowing from involvement in the Alleged Wrongdoing itself. A person's liability for their own conduct is not affected by their Report of that conduct under this policy.

HIA also has no power to offer any person immunity against prosecution in the criminal jurisdiction or from any civil action which may be brought against the Whistleblower.

The Corporations Act gives special protection to an individual who is an Eligible Whistleblower and who makes a disclosure which qualifies for protection under the Corporations Act.

To be protected by the Corporations Act:

• (a) the individual must have reasonable grounds to suspect that the information they are reporting concerns misconduct or an improper state of affairs relating to an entity in the HIA Group. This would include most cases of Alleged Wrongdoing under this policy; and
• (b) the report is made to any of the following:

The Corporations Act also provides protection for public interest disclosures and emergency disclosures which meet specific requirements prescribed by the Corporations Act.

The protections available under the Corporations Act to an individual who meets the requirements above include:

• the right to have their identity protected in accordance with the provisions of that legislation;
• the right to have information provided as part of the disclosure handled in accordance with the provisions of that legislation;
• the right to be protected from civil, criminal or administrative liability (including disciplinary action) for making disclosure, from contractual or other remedy on the basis of
• the disclosure and from the admissibility of the information provided in evidence against the person, in each case in accordance with the provisions of that legislation;
• the right to be protected from detrimental treatment or any form of vicatimisation in accordance with the provisions of that legislation;
• the right to compensation and other remedies in accordance with the provisions of that legislation;
• the right not to be required to disclose their identity before any court or tribunal in accordance with the provisions of that legislation.

The Taxation Administration Act also provides protection for disclosures of information which indicates misconduct or an improper state of affairs in relation to the tax affairs of the HIA Group entity or an associate of an entity where the discloser considers that the information may assist the eligible recipient to perform functions or duties in relation to the tax affairs of the entity or an associate.

Protection is provided for disclosures made to the Commissioner of Taxation or any person or agency specified in paragraph 9.1 above.

The protections available to an individual making a protected disclosure under the Taxation Administration Act are the same as those outlined above in paragraph 9.1 above.