Linfox Armaguard Pty Ltd ACN 099 701 872 and its related bodies corporate (Armaguard, we or us) is committed to the highest standards of conduct and ethical behaviour in all our business activities and to promoting and supporting a culture of honest and ethical behaviour, corporate compliance and good corporate governance. As part of that commitment, we have established this Whistleblower Protection Policy (the policy), in compliance with applicable laws and practices.
This policy provides a means by which eligible persons can make a report of improper conduct (disclosers or whistleblowers).
The policy summarises the protections and remedies available to disclosers in relation to an actual or prospective report in accordance with the Corporations Act 2001 (Cth) (Corporations Act) and the Taxation Administration Act 1953 (Cth) (Taxation Administration Act). It also provides information on how to make a report and how the report will be investigated.
This policy is closely linked to Armaguard’s Anti-Bribery and Corruption policy and establishes an internal system for the confidential reporting of disclosures of issues of fraud or corruption. The system enables such disclosures to be made to the Armaguard General Counsel (or their nominee or delegate) by Armaguard employees.
The policy is designed to complement the normal communication channels between supervisors and employees. Employees are encouraged to continue to raise matters of concern at any time with their supervisors or managers.
For the purposes of this policy, Armaguard’s ‘related bodies corporate’ include its subsidiaries Integrated Technology Services Pty Ltd, Point 2 Point Secure Pty Ltd, Armaguard Technology Solutions Pty Ltd, ACM New Zealand Limited, Integrated Technology Solutions Limited and Global Integrated Solutions Limited.
This policy applies to ‘disclosers’, which means anyone who is or has been, any of the following with respect to Armaguard:
This policy applies if any discloser knows of any information and has reasonable grounds to suspect that information concerns misconduct, or an improper state of affairs or circumstances, in relation to Armaguard or a related body corporate.
The protections in this policy will also apply to anyone who has made a disclosure of information relating to Armaguard to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to whistleblowing protection laws.
Statement of support to employees
Armaguard strongly encourages employees to make disclosures of known or suspected incidents of fraud, corrupt conduct, and legal or regulatory non-compliance. Armaguard does not tolerate any type of fraudulent or corrupt activity, whether for the purpose of benefiting an individual, an organisation or Armaguard itself. Nor does Armaguard tolerate anyone taking detrimental action against someone because they came forward to disclose such conduct. Armaguard will take all reasonable steps to protect employees who make such disclosures from any reprisal or detrimental action resulting from the
What is reportable conduct?
You may make a report under this policy if you have reasonable grounds to suspect that conduct by any employee, contractor, supplier or other person connected with Armaguard is:
Appendix 1 describes special protections for whistleblowers who disclose information concerning misconduct or an improper state of affairs or circumstances in relation to Armaguard under the Corporations Act.
Appendix 2 describes special protections for tax whistleblowers.
However, reportable conduct does not include ‘personal work-related grievances’ (see section 3.5 of this policy).
Whistleblower Disclosure Process
How to make a disclosure
All disclosures can be made pursuant to this policy to the Armaguard General Counsel (or his/her nominee or delegate).
A dedicated telephone line serviced by independent contractors has been established to receive disclosures, with the option of anonymity. Calls can be made to the number 24 hours per day. Reports of calls to the hotline will be reviewed by the Armaguard General Counsel (or his/her nominee or delegate). This telephone does not have caller identification and the source of the call will not be traced.
Although anonymous calls will be accepted and acted upon, employees are encouraged to identify themselves. This allows the investigator to put in place suitable arrangements to contact the person again if further information or clarification is required.
The Whistleblower Hotline telephone number is:
Telephone: 1300 30 45 50 (Australia only)
Mail: Linfox Armaguard Group c/o Stopline, PO Box 403,
Diamond Creek, VIC 3089
For New Zealand:
Telephone: 0800 42 50 08 (NZ only)
Mail: ACM c/o Stopline, PO Box 403, Diamond Creek, VIC,
A discloser will have legal protection under the Act and this policy if they make a disclosure pursuant to this policy to:
Disclosures may be reported to ASIC online at https://asic.gov.au/reportmisconduct or by calling 1300 300 630 if information or assistance is required.
Disclosures directly to APRA may be made by email on firstname.lastname@example.org or by post marked ‘Confidential’ to:
Chief Risk Officer
GPO Box 9836
Sydney NSW 2001
Armaguard will investigate all cases of reportable conduct as soon as possible after the matter has been reported and, if appropriate, provide feedback to the discloser regarding the investigation’s progress and/or outcome (subject to considerations of the privacy of those against whom allegations are made).
Investigations will be conducted in a timely, thorough, confidential, objective and fair manner and as is reasonable and appropriate relating to the nature of the reportable conduct and all of the circumstances.
It will usually be appropriate for the Armaguard General Counsel to refer the complaint to a person that has experience in the area of the alleged reportable conduct, including the General Manager, Security. The person investigating may need the assistance of experts or other professional advisers to conduct a preliminary investigation. If there is a conflict of interest or where the Armaguard General Counsel determines the matter should be investigated by an external third party, the investigation will be referred to an objective subject matter expert, such as a law firm or professional services firm, for investigation. Armaguard will give the discloser an explanation if it deems an investigation is not required.
If the matter has already been investigated through an alternative grievance process and the complainant separately raises the matter as being a case of reportable conduct, consideration will be given as to whether the matter should be re-investigated or investigated by an external third party.
Commitment to protecting those making disclosures
Armaguard is committed to the protection of those making genuine disclosures against detrimental action taken in reprisal for the making of such disclosures, even if the disclosure is subsequently determined to be incorrect or is not substantiated. The Armaguard General Counsel is generally responsible for ensuring reasonable measures are taken to protect against direct or indirect detrimental action being suffered by those making disclosures.
The Armaguard General Counsel will ensure that the person making a disclosure is kept appropriately informed of the progress of action taken in respect of the disclosure. The extent to which the person can be informed of specifics will be judged on a case-by-case basis. At the conclusion of the investigation, the person will be informed of the outcome.
Occurrence of detrimental action
The taking of detrimental action against a person who has made a disclosure in accordance with this policy is a breach of Armaguard policy and will be dealt with as such. The taking of detrimental action will not be tolerated. If a discloser reports an incident of detrimental action, the contact person will record details of the incident and advise the Armaguard General Counsel. The Armaguard General Counsel will assess the report as a new disclosure under this policy. Where the Armaguard General Counsel is satisfied that the action is likely to have occurred he or she will refer the matter to an investigator in accordance with this policy or refer the matter to be dealt with as a breach of Armaguard policy.
The involvement in unacceptable conduct by a person making a disclosure
The act of making a disclosure in accordance with this policy does not shield the person from the reasonable consequences flowing from their own involvement in any wrongdoing. The person’s liability for his or her own conduct is not affected by the person’s disclosure of that conduct in accordance with this policy. There may be some cases, however, where the fact a disclosure has been made will be taken into account as a mitigating factor when considering disciplinary or other action.
In cases where disciplinary or other action is recommended against a person making a disclosure, the Armaguard General Counsel, in consultation with Human Resources, must be satisfied that:
The Armaguard General Counsel, in consultation with Human Resources, will thoroughly document the process including the reasons for the taking of disciplinary or other action, and explain to the disclosing employee why such action against him/her does not amount to detrimental action. The person subject to such action will be advised by Human Resources of the proposed action.
Personal work-related grievances not reportable
Personal work-related grievances are not reportable conduct and, accordingly, are not covered under this policy. They should be reported to your supervisor or manager or Human Resources in accordance with the Workplace Behaviour Policy.
Deliberately false and vexatious reports
A discloser can still qualify for protection under this policy where their disclosure turns out to be incorrect. However, Armaguard will not tolerate deliberately false or vexatious whistleblower reports. Any deliberately false or vexatious whistleblower reports will be treated as a serious disciplinary matter.
A deliberately false or vexatious whistleblower report could have significant consequences for our reputation and that of other employees and could also waste a considerable amount of time and resources.
Armaguard will take all reasonable steps to protect the identity of an employee making a disclosure unless otherwise authorised by the discloser, except to the extent required by law. Armaguard will take reasonable steps to ensure that all files, whether hard copy or electronic, are kept secure and can only be accessed by authorised personnel. Unauthorised disclosure of information that could prejudice confidentiality and identify a discloser will be regarded seriously and may result in disciplinary action.
The Armaguard General Counsel will keep a record of all disclosures made pursuant to this policy. A summary of all disclosures, without reference to the identity of any disclosing employee, will be provided periodically to relevant stakeholders within the organisation.
Reporting to the Board
Subject to the confidentiality obligations in section 3.7, the Armaguard General Counsel must provide the Board with quarterly reports on all material whistleblower matters,
including information on:
Reports or investigations carrying an undue amount of risk to Armaguard will be reported to the Board outside of the usual updates.
Breaches of this Policy
The breach of this policy by an employee, director or officer of Armaguard may lead to disciplinary action being taken in accordance with our disciplinary procedure. Serious breaches may be regarded as gross misconduct and can lead to immediate dismissal. All employees, directors and officers of Armaguard will be expected to cooperate fully in any investigation into suspected breaches of this policy or any related processes or procedures.
If any part of this policy is unclear, clarification should be sought from the Armaguard General Counsel.
Training and awareness
Armaguard will provide or arrange for the provision of relevant training to assist with building a culture that encourages whistleblowing
The Board of Directors has overall responsibility for this policy and in ensuring that we comply with all our whistleblower protection obligations. Approval of the policy is vested with the Board. Reviews of the policy are the responsibility of the Armaguard General Counsel and will be conducted annually. This is to ensure that the policy remains consistent with all relevant legislative requirements.
The Chief Executive Officer (CEO) will have the primary day-to-day responsibility for the implementation of this policy, monitoring its use and ensuring that the appropriate processes and procedures are in place and amended as applicable, to ensure it can operate effectively.
Armaguard General Counsel
The Armaguard General Counsel has a central management role. He or she will:
Staff from within Human Resources will, if requested by the employee or deemed necessary by Armaguard, be engaged as an independent contact person to assist the disclosing employee. The contact person is not an advocate for or representative of the disclosing employee, and is not an investigator of the subject matter of the disclosure, but is available to:
Employees are encouraged to report known or suspected incidents of fraud or corrupt conduct in accordance with this policy. Disclosures can be made anonymously. All employees of Armaguard have an important role to play in supporting those who have made a legitimate disclosure. They must refrain from any activity that is, or could be perceived to be, detrimental action against a person who makes a disclosure.
Furthermore, and subject to any legal requirements, they should protect and maintain the confidentiality of a person they know or suspect to have made a disclosure, or to be the subject of a disclosure. Employees are reminded of their obligation to treat as confidential any information obtained during the course of their work, whether it concerns Armaguard, its staff or its customers.
There are no procedures associated with the Whistleblower Protection Policy
Bribery means knowingly giving or receiving, or agreeing to give or receive, an undue reward, whether financial or non-financial, to influence the behaviour of someone in government or business to obtain commercial advantage. A bribe does not have to be actually given – the intent to give a bribe is sufficient to be deemed a bribe.
Corruption is defined as dishonest activity in which a director, employee or contractor acts contrary to the interests of Armaguard and abuses his or her position of trust in order to achieve some personal gain or advantage for him or herself or for another person or entity.
Deliberately false report, a report is deliberately false when the discloser has made a report of reportable conduct knowing or suspecting it to be false.
Detrimental action is harmful action taken against a person in reprisal for a disclosure made pursuant to this policy. Detrimental action includes:
Disclosure means a disclosure of information relating to a ‘disclosable matter’.
Disclosable matter See ‘reportable conduct’.
Discloser An individual who discloses wrongdoing or an eligible whistleblower.
Eligible recipient An individual who can receive a disclosure.
Employee Armaguard employs persons in a variety of capacities and therefore the term ‘employee’ is to be given a broad definition.
Employees include: A director, officer, employee, contractor or agent of Armaguard
Fraud For the purposes of this policy fraud is defined as: Dishonestly obtaining a benefit by deception or other means.
Fraud involves the use of deceit or dishonesty by any person against
Personal work related grievance means a grievance about any matter in relation to the discloser’s employment, or former employment, having (or tending to have) implications for the discloser personally. This includes:
Reportable conduct means conduct that is illegal, unacceptable or undesirable, or concealment of such conduct. Reportable conduct includes fraud, negligence, default, breach of trust and breach of duty.
Vexatious report Means a groundless report made with the intent to cause distress, detriment or harassment to the subject of the report.
we (us, our, ours) Armaguard
Whistleblower Means a ‘discloser’, i.e. anyone who makes, or attempts to make a report under this policy of corrupt, fraudulent, illegal or otherwise undesirable you (your, yours) conduct. Any individual who falls within the scope of this policy.
Appendix 1: Protections under the Corporations Act(2)
The Corporations Act gives special protection to disclosures about any misconduct or an improper state of affairs relating to Armaguard if the following conditions are satisfied:
the whistleblower is or has been:
the report is made to:
See Part 9.4AAA of the Corporations Act 2001 (Cth) in relation to whistleblower protection. Our external auditor as at the date of this policy is PricewaterhouseCoopers (PwC)
Examples of conduct which may amount to a breach of the Corporations Act include:
The protections given by the Corporations Act when these conditions are met are:
Such as where the disclosure has been made to ASIC, or where the disclosure qualifies as a public interest or emergency disclosure
If a report is made, the identity of the discloser must be kept confidential unless one of the following exceptions applies:
Appendix 2: Protections under the Taxation Administration Act(5)
The Taxation Administration Act gives special protection to disclosures about a breach of any Australian tax law by Armaguard or misconduct in relation to our tax affairs if the following conditions are satisfied:
the whistleblower is or has been:
Armaguard’s external auditor (or a member of that audit team)(6)
See sections 14ZZT to 14ZZZAA of the Tax Administration Act 1953 (Cth) in relation to whistleblower protection.
Our external auditor as at the date of this policy is PricewaterhouseCoopers (PwC)
If a disclosure is made, the identity of the discloser will be kept confidential unless one of the following exceptions applies: