1. Review and revise your existing whistleblowing policy
A fundamental requirement of the new whistleblowing laws is for organisations to have a compliant whistleblowing policy in place by 1st January 2020. Due to the extensive changes it is unlikely that any existing whistleblower policy will comply with the new laws.
We recommend working with an established legal firm to draft a new policy, but first consider what you need in order to have a secure, compliant whistleblowing procedure that produces results.
2. Enable Anonymous Reporting in your organisation
For the first time Australian laws will no longer require whistleblowers to identify themselves or make their disclosure in ‘good faith’.
Data from our annual benchmarking report shows that in 2018, a global median of 57% of reports were submitted anonymously.
Providing an anonymous reporting option therefore not only drastically increases the effectiveness of your reporting channels, but will also prevent breaches of the new laws where protection of the whistleblower’s identity is concerned.
We recommend offering an anonymous or confidential reporting channel as part of your whistleblowing policy to ensure that employees can come forward with vital information without fear of reprisals or retaliation.
3. Ensure your reporting channels are robust and effective
Having secure reporting channels in place will be a vital part of operating a compliant whistleblowing policy.
The acceptance of anonymous disclosures, coupled with the enhanced legal protections, will lead to a dramatic increase in reports. It is therefore essential to make sure you have an effective, secure reporting procedure in place.
We recommend implementing a secure whistleblowing service as part of this to ensure best practices are being met.
4. Enhance internal measures to protect the identity of whistleblowers
Once your employees make a disclosure, it’s vital to keep their identity and the content of their report confidential. The way organisations manage this information will be an important aspect of a compliant whistleblowing policy.
With disclosure rates on the increase, the way you store and manage incident reports will be just as important as how you capture them.
We recommend reviewing your current incident management arrangements to ensure you are not at risk of breaching the new whistleblower protection rules.
5. Empower your people to do the right thing
Even with all the above in place, the new changes will be significant and could have a culture-changing impact on the way companies in Australia operate. It is important to make sure your people are made aware of the upcoming changes, and know how to report or handle incidents the correct way.
Implementing independent reporting channels and a proven incident management solution will help relieve the pressure put on internal reporting channels, providing an easier route to compliance and reducing the risk of future breaches.