Whistleblowing Policy (Australia)

An Australian Workplace Code of Conduct is a formal employer document that sets out the standards of professional behaviour, ethical conduct, and workplace values expected of all workers. It provides a clear framework for decision-making in situations that are not always expressly covered by other workplace policies, and establishes the consequences for falling below the required standards. A Code of Conduct is one of the most fundamental documents in any Australian employer's suite of workplace policies. The legal foundation for a Workplace Code of Conduct in Australia rests on the employer's implied common law right and contractual right to issue lawful and reasonable directions to employees. A direction is lawful if it does not require an employee to do something unlawful, and reasonable if there is a legitimate business justification for it. The Fair Work Act 2009 (Cth) is central to the enforcement and legal effect of a Code of Conduct: under ss 387 and 388, the Fair Work Commission will consider, when assessing whether a dismissal for a Code breach was unfair, whether the employer had a valid reason for the action, whether the employee was notified of that reason, whether the employee was given an opportunity to respond, and whether dismissal was proportionate to the conduct in question. The Australian Public Service (APS) Code of Conduct established under the Public Service Act 1999 (Cth) ss 13 and 15 provides a widely referenced model for conduct standards in the public sector. While this model is specific to Commonwealth public servants, the conduct categories it employs — honesty, respect, diligence, care of Commonwealth resources, compliance with laws, and avoidance of conflicts of interest — reflect the conduct standards expected across Australian workplaces generally and are the basis for private sector codes of conduct throughout Australia. A well-structured Code of Conduct addresses a comprehensive range of conduct obligations: honesty and integrity in dealings with the organisation and its stakeholders; respectful treatment of all persons, including the prohibitions on bullying, harassment, and discrimination under the Sex Discrimination Act 1984 (Cth), Racial Discrimination Act 1975 (Cth), Disability Discrimination Act 1992 (Cth), and Age Discrimination Act 2004 (Cth); confidentiality obligations and privacy compliance under the Privacy Act 1988 (Cth) and the Australian Privacy Principles; responsible use of organisational property and resources; compliance with all applicable laws and professional obligations; responsible use of social media; avoidance of conflicts of interest; and proper handling of gifts, benefits, and hospitality. The Code should also address outside employment (secondary employment), which is increasingly common in the modern workforce. While the Fair Work Act 2009 (Cth) limits the extent to which employers can prohibit outside employment, reasonable restrictions connected to genuine business interests — such as those that address conflicts of interest, confidentiality, or performance impacts — are permissible. Conflicts of interest and gifts management are particularly important for organisations operating in regulated industries such as financial services (where the Corporations Act 2001 (Cth) ss 181–183 impose specific duties on directors and officers), healthcare, government contracting, and professional services. Robust disclosure and management processes for conflicts of interest and gifts help organisations maintain integrity and comply with applicable regulatory requirements. The bribery and corruption provisions of the Criminal Code Act 1995 (Cth) apply to all organisations operating in Australia. The Code of Conduct should make clear that offering or accepting bribes — whether in the form of cash, gifts, or other benefits — to improperly obtain or retain business is unlawful and will result in immediate disciplinary action, including referral to law enforcement authorities. This Workplace Code of Conduct is suitable for Australian businesses of all sizes and industries. It should be incorporated by reference into all employment contracts, acknowledged in writing by all workers upon commencement and following any amendment, and enforced consistently and in accordance with procedural fairness principles under the Fair Work Act 2009 (Cth).

An Anti-Bribery and Corruption Policy is a formal corporate governance document that sets out an organisation's commitment to preventing bribery, corruption, and related misconduct in all of its business activities — domestically in Australia and internationally. It defines what conduct is prohibited, who the policy applies to, how gifts and hospitality must be managed, what due diligence must be conducted on third parties, how suspected breaches should be reported, how whistleblowers will be protected, and what training will be provided to ensure all covered persons understand their obligations. Australian organisations are subject to an interlocking framework of anti-bribery legislation at both the Commonwealth and state and territory levels. The centrepiece of Australia's foreign bribery regime is Division 70 of the Criminal Code Act 1995 (Cth), which makes it a federal criminal offence to offer, provide, or cause to be provided a benefit to a foreign public official with the intention of influencing them in the exercise of their official duties to obtain or retain a business advantage. The maximum penalty for individuals convicted of a foreign bribery offence under Division 70 is 10 years' imprisonment. Corporations can also be held criminally liable for the foreign bribery of their associates (including agents, contractors, and related entities) unless the corporation can demonstrate that it took reasonable precautions to prevent the conduct — a standard that requires having a genuine, documented compliance program in place. The foreign bribery laws were significantly strengthened by the Crimes Legislation Amendment (Combatting Corporate Crime) Act 2024 (Cth), which came into force in February 2024. This Act introduced a new offence of "failure to prevent foreign bribery" (s 70.5A of the Criminal Code Act 1995 (Cth)), under which a body corporate is automatically criminally liable if one of its associates commits a foreign bribery offence, unless the body corporate had in place "adequate procedures" to prevent the conduct. This change substantially increases the compliance burden on Australian companies with international operations and makes a robust, documented Anti-Bribery Policy a legal necessity rather than merely a best practice. Domestic bribery of Australian public officials is separately prohibited by Division 141 of the Criminal Code Act 1995 (Cth) (which applies to Commonwealth public officials) and by state and territory bribery and corruption offences. These include the Crimes Act 1900 (NSW) ss 249B-249E (corrupt benefits), the Criminal Code Act 1899 (Qld) ss 55-58, and equivalent provisions in all other states and territories. Corruption involving elected officials and public sector employees in New South Wales, Queensland, Western Australia, and other states is also subject to investigation by independent commissions including the NSW Independent Commission Against Corruption (ICAC), the Queensland Crime and Corruption Commission (CCC), and the Western Australia Corruption and Crime Commission (CCC). Gifts, entertainment, and hospitality are a common vector for bribery risk, particularly in industries involving close relationships with government clients, procurement decisions, or international counterparties. An Anti-Bribery Policy must clearly define what gifts and hospitality are acceptable (with a monetary threshold), what requires prior approval, what is absolutely prohibited (such as cash gifts), and how all gifts must be recorded in a centralised register. Facilitation payments — small payments to government officials to speed up routine administrative processes — are specifically prohibited under Division 70 of the Criminal Code Act 1995 (Cth) and must be addressed explicitly in the policy. Third-party intermediaries, agents, and representatives present the greatest bribery risk for Australian organisations operating internationally, because they may make corrupt payments on behalf of the organisation without its direct knowledge. Section 70.4 of the Criminal Code Act 1995 (Cth) provides that a body corporate can be liable for the foreign bribery of its "associates" — a category that includes agents — even without the organisation's knowledge, unless it took reasonable precautions. A documented third-party due diligence process is therefore essential. Whistleblower protections are an integral part of any effective Anti-Bribery Policy. Under Part 9.4AAA of the Corporations Act 2001 (Cth), as amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019, eligible whistleblowers who report suspected bribery or corruption in good faith are entitled to legal protection from detrimental action, confidentiality of their identity, and the ability to seek compensation if they suffer reprisals. This Anti-Bribery and Corruption Policy template is suitable for Australian companies of all sizes — from small proprietary limited companies to ASX-listed public companies — operating in any industry and in any jurisdiction. It is particularly important for organisations with international operations, government clients, complex supply chains, or activities in markets identified by Transparency International as having elevated corruption risk.

An Australian Anti-Discrimination and Diversity Policy is a formal workplace document that sets out an employer's commitment to preventing discrimination, harassment, victimisation, and vilification in the workplace, and to fostering a culture of inclusion and equal opportunity. It reflects obligations imposed on Australian employers by an interlocking framework of Commonwealth and state and territory anti-discrimination legislation, and articulates the practical steps the organisation will take to comply with those obligations. The principal Commonwealth laws governing workplace discrimination are the Age Discrimination Act 2004 (Cth), the Disability Discrimination Act 1992 (Cth), the Racial Discrimination Act 1975 (Cth), the Sex Discrimination Act 1984 (Cth), and the Australian Human Rights Commission Act 1986 (Cth). Together these Acts prohibit direct and indirect discrimination in employment on the grounds of age, disability, race, colour, national or ethnic origin, sex, pregnancy, marital or relationship status, sexual orientation, gender identity, intersex status, and family responsibilities, among others. The Fair Work Act 2009 (Cth) s 351 provides a separate avenue of protection under the general protections provisions, prohibiting adverse action against an employee because of any of those attributes. A landmark development occurred on 12 December 2022 when the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 (Cth) commenced, inserting s 47C into the Sex Discrimination Act 1984 (Cth). Section 47C imposes a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, discrimination on the ground of sex, and conduct that creates a hostile workplace environment on the ground of sex. The Australian Human Rights Commission (AHRC) has been given enforcement powers in relation to this positive duty and has published a compliance framework identifying seven key standards against which employer conduct will be assessed: leadership, culture, knowledge, risk management, support, reporting and response, and monitoring, evaluation, and transparency. Every state and territory also has its own anti-discrimination legislation that applies to conduct occurring within that jurisdiction. These Acts extend protection to additional grounds such as sexual orientation and gender identity (in jurisdictions not yet covered by Commonwealth law), religious belief, political opinion, and criminal record, and may also govern areas beyond employment. Relevant state Acts include the Anti-Discrimination Act 1977 (NSW), Equal Opportunity Act 2010 (Vic), Anti-Discrimination Act 1991 (Qld), Equal Opportunity Act 1984 (WA), Equal Opportunity Act 1984 (SA), Anti-Discrimination Act 1998 (Tas), Discrimination Act 1991 (ACT), and Anti-Discrimination Act 1996 (NT). A well-drafted Anti-Discrimination and Diversity Policy helps employers demonstrate compliance with both the reactive obligations under these Acts (responding appropriately to complaints) and the proactive positive duty under s 47C of the Sex Discrimination Act 1984 (Cth). It also helps protect the organisation from vicarious liability: under ss 106 and 107 of the Sex Discrimination Act 1984 (Cth) and equivalent provisions in other Acts, an employer will be vicariously liable for the discriminatory or harassing acts of its employees unless the employer can show it took all reasonable steps to prevent the conduct. This policy is suitable for businesses of all sizes in all industries operating in any Australian state or territory. It should be communicated to all workers upon commencement and following any update, supported by regular training, and reviewed at least annually.

An Australian Workplace Bullying and Harassment Prevention Policy is a formal policy document in which an employer commits to preventing bullying, harassment, and related psychosocial hazards in the workplace. It sets out the legal obligations of the organisation under Australian law, defines the conduct expected of all workers, establishes a clear reporting and investigation procedure, and ensures that workers affected by bullying or harassment receive appropriate support and access to a fair resolution process. The primary legislative framework governing workplace bullying in Australia comprises the Fair Work Act 2009 (Cth) anti-bullying provisions and the Work Health and Safety Act 2011 (Cth) (WHS Act) psychosocial hazard obligations. Under ss 789FC to 789FI of the Fair Work Act 2009 (Cth), a worker who reasonably believes they have been bullied at work may apply to the Fair Work Commission (FWC) for an order to stop the bullying. Section 789FD defines bullying at work as repeated unreasonable behaviour by an individual or group of individuals towards a worker that creates a risk to health and safety. The definition expressly excludes reasonable management action carried out in a reasonable manner. The WHS Act 2011 (Cth) provides an additional layer of obligation. Under s 19, a person conducting a business or undertaking (PCBU) must ensure, so far as is reasonably practicable, the health and safety of workers. Safe Work Australia has published the model Code of Practice: Managing Psychosocial Hazards at Work (2022) which identifies workplace bullying and harassment as recognised psychosocial hazards that employers must systematically identify, assess, and control. Psychosocial hazards can cause psychological harm, which the WHS Act recognises as a form of harm just as serious as physical injury. A further dimension was added by the Anti-Discrimination and Human Rights Legislation Amendment (Respect@Work) Act 2022 (Cth), which inserted s 47C into the Sex Discrimination Act 1984 (Cth) with effect from 12 December 2022. This provision imposes a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment, sex-based harassment, and conduct that creates a hostile workplace environment on the ground of sex. The Australian Human Rights Commission (AHRC) has been given enforcement powers in relation to this positive duty and has published a compliance framework across seven standards: leadership, culture, knowledge, risk management, support, reporting and response, and monitoring, evaluation, and transparency. Vicarious liability is a significant risk for employers who fail to take preventive steps. Under the Sex Discrimination Act 1984 (Cth) s 106 and equivalent provisions in other discrimination legislation, an employer is liable for the harassing conduct of its employees unless it can demonstrate that it took all reasonable steps to prevent the conduct from occurring. A well-drafted and actively enforced Bullying and Harassment Prevention Policy, supported by regular training and an accessible complaint procedure, is the primary mechanism for establishing this defence. State and territory WHS legislation — including the Occupational Health and Safety Act 2004 (Vic), the Work Health and Safety Act 2020 (WA), and the WHS Acts in other jurisdictions — impose equivalent or additional obligations in relation to psychosocial hazards. State anti-discrimination Acts also apply to harassment conduct and may provide additional complaint avenues. This policy is suitable for all Australian employers, regardless of size or industry, and should be reviewed at least annually, supported by regular worker training, and actively communicated to all employees and contractors.

Create a Company Constitution for an Australian company under the Corporations Act 2001 (Cth) ss 135-141. Covers replaceable rules modification, share issue and transfer restrictions, directors' powers and duties, board and general meeting procedures, dividends (s 254T), officer indemnity (s 199A), document execution (s 127), and winding up provisions. Suitable for proprietary companies (Pty Ltd) and public companies (Ltd) in all Australian states and territories.