CLUB POLICIES

Responsible Service of Alcohol Policy

REGISTERED CLUBS ACT 1976 & Regulations—Section 44A,B.

Responsible Service

  • Magpies Waitara recognises that it is against the Law to serve any person to intoxication.
  • Magpies Waitara recognises that it is against the Law to serve or supply alcohol to any person under the age of 18.
  • Magpies Waitara recognises that it is against the Law to allow intoxicated, disruptive or violent behaviour to occur on the premises.
  • Magpies Waitara seeks to ensure that no harm comes to patrons as a result of our service of alcohol.
  • The following Policies and Procedures have been adopted to ensure the responsible service of alcohol.
  • A range of drinks are offered on these premises. These include a range of non-alcoholic beverages.
  • Magpies Waitara does not seek to encourage rapid or excessive consumption of alcohol through pricing.
  • Low alcohol beers and non-alcoholic beverages are stocked and promoted. The sale and consumption of beer with no alcohol will not be permitted to any person under the age of 18.
  • Staff have been acquainted with this House Policy and trained to implement it.
  • If such patrons continue to order alcoholic beverages, the staff member will contact the senior staff person on duty and alert them to the patrons current or impending of intoxication.
  • The senior duty staff person will determine whether or not service should be refused.
  • If service is refused, the senior duty person will politely explain to the patron(s) that Magpies Waitara cannot legally serve alcohol to the point of intoxication.
  • Magpies Waitara has a Duty of Care for patrons of the club.

UNDER AGE DRINKING

  • Magpies Waitara has surveillance procedures designed to detect under age persons seeking to enter the premises.
  • If a staff member believes that a person who is ordering or being supplied alcohol, is under 18 years of age, they will politely request proof of age (Passport, Photo Proof of age cards or photo Drivers Licence).
  • If the person is less than 18 years of age, or refused to produce identification, staff will refuse service and request Senior Duty Staff Member to ask person to leave the premises.
  • An incident book is maintained to record all occasions on which proof of age identification is required.

DISRUPTIVE, VIOLENT OR INTOXICATED BEHAVIOUR

  • Magpies Waitara does not allow intoxicated persons to enter the premises.
  • If a staff member becomes aware that a person’s behaviour is becoming disruptive or violent, they will notify the Senior Duty Staff person.
  • If the behaviour is not reduced, the Senior Duty Staff member or designated staff person will require the person(s) to leave the premises.

Law will impose an “on the spot fine” of $550 if person(s) fail to leave when asked. Maximum Court Fine $5,500.

DRIVING WITH ILLEGAL BLOOD ALCOHOL CONCENTRATION

  • Staff members will seek to discourage persons who appear to have a blood alcohol concentration higher than the legal limit from driving.
  • Magpies Waitara offers a number of services designed to discourage drinking and driving. These services include: Making of alternative transport arrangements; holding of car keys in a safe place; and overnight parking facilities.

REFUSAL OF SERVICE

  • If service of alcohol is refused to members or guests, the staff members refusing service will emphasise that the individuals patronage is greatly valued. The staff member will then inform the member or guest that further service of alcohol is illegal and could jeopardise Magpies Waitara Liquor License.
  • All staff have been informed about the House Policy on responsible service of alcohol and adequately trained to support this policy.
  • Magpies Waitara seeks to publicise and promote its position on Responsible Serving Practices.

Privacy Policy

Privacy Policy

Magpies Waitara ABN 31 000 610 542 ( ‘we’, ‘us’) appreciates that privacy is very important. Magpies Waitara aims to protect the privacy of the personal information that we collect and hold while carrying out our activities. ‘Personal information’ in this policy means any information or an opinion that is capable of identifying a person. Magpies Waitara is bound by the Australian Privacy Principles established under the Privacy Act 1988 (Cth) (Privacy Act) and has developed this policy as part of our efforts to comply with its obligations under that legislation.
This policy does not form part of any contract, and, does not apply to Magpies Waitara treatment of employee records where the treatment is directly related to a current or former employment relationship between Magpies Waitara and an employee.

The personal information we collect

Magpies Waitara aims only to collect personal information that is reasonably necessary for our activities. The types of personal information that we collect will depend on the nature of the interaction between you and us, and where and how we collect the information. Personal information collected by Magpies Waitara includes:

  • information about members, guests, people attending club functions, and other customers including names, addresses, email addresses, telephone numbers, other contact details, information about their use of (and preferences in relation to) Magpies Waitara’s products and services, information about other clubs to which they belong, and information pertaining to membership records;
  • information about job applicants, staff, and volunteers;
  • information about other people who come into contact with Magpies Waitara such as contractors and suppliers;

Some of the information we collect is ‘sensitive information’ (as defined under the Privacy Act), such as information about health. The Privacy Act requires us only to collect sensitive information:

  • from you where you consent and it is reasonably necessary for our activities;
  • if the collection is required by law or a court or tribunal order; or
  • if it relates to Magpies Waitara activities and you are a member of Magpies Waitara or have regular contact with us in connection with our activities.

If you do not provide us with certain information we may be unable to work with you or provide you with our products or services. For example, if you do not provide us with the information required by law to complete our membership register we may be unable to process your membership application.

How we collect personal information

We usually collect personal information directly from you, for example when you correspond with us by e-mail or in writing, deal with us over the telephone or in person, use our facilities (such as food and beverage or sporting facilities), use our services (such as the member loyalty program), participate in promotions, or complete surveys and feedback forms.
In the interests of security and safety and the comfort of members and guests, Magpies Waitara also operates surveillance cameras on our property and also may collect personal information in the course of investigating complaints or pursuing disciplinary proceedings.
Users can generally visit the website of Magpies Waitara without revealing who they are or other personal information. Magpies Waitara’s website may use ‘cookies’, which are a mechanism to keep track of certain information between visits to the site by the same user.
Cookies make the browsing experience more responsive, but this information is not used to identify the user. Otherwise, Magpies Waitara will not collect personal information about visitors to the website except when they voluntarily provide it.
Sometimes, someone else may provide us with personal information about you, with or without your direct involvement. For example, we might collect personal information from:

  • a local liquor accord, a regulatory authority, or another industry organisation;
  • another organisation of which you are a member, such as a sporting club which uses our facilities;
  • a representative of yours.

How we use personal information

Magpies Waitara will use and hold your personal information for the primary purpose for which it was collected, or for other related purposes permitted under the Privacy Act. The purposes, for which we collect, hold and use personal information include:

  •  to establish and maintain your membership of Magpies Waitara, including displaying membership application information in Magpies Waitara premises;
  •  communicating with you in relation to your membership, including providing you with newsletters, magazines, annual reports and other information necessary to allow you to play an active role in Magpies Waitara, such as information about candidates standing for election to the board of Magpies Waitara;
  • to provide the products or services you have requested from Magpies Waitara;
  • to answer your inquiries;
  • to register you for events, promotions or competitions;
  • in accordance with the Constitution of Magpies Waitara;
  • to assist us to make Magpies Wakitara sites, services and products more valuable to our members and guests;
  • for direct marketing of products or services and to keep you informed of new developments we believe may be of interest to you (which you can tell us not to do at any time);
  • to comply our legal obligations, for example under registered clubs, liquor, gaming, and
    Anti – Money Laundering and Counter Terrorism legislation which applies to Magpies Waitara.

Magpies Waitara collects personal information of job applicants, staff, contractors, volunteers and suppliers for the primary purpose of assessing and (if successful) engaging the person to work with Magpies Waitara. The purposes for which Magpies Waitara holds and uses such personal information include managing that engagement, for insurance purposes, and to meet Magpies Waitara’s legal obligations.

When will we disclose your personal information to others?

Magpies Waitara aims to confine its disclosure of personal information to the primary purpose for which it has been collected, or for a related purpose permitted by law. This means Magpies Waitara will usually only disclose personal information in connection with our business, our administrative functions, and our registered club community, social, recreational and sporting activities. This includes when disclosure is necessary to: provide you with a product or service that you have requested; help us with the running of Magpies Waitara; or for compliance with our legal obligations (for example, disclosing information of prospective members on Magpies Waitara’s noticeboard).

Sometimes we may also disclose your personal information outside Magpies Waitara for the purpose for which the information was collected, or for a related purpose – for example for security reasons. We may disclose personal information to:

  • third parties where we have retained them to assist us to operate Magpies Waitara or provide products or services, such as marketing consultants and promotions companies, catering and event coordinators, security service providers, mail handling providers, businesses operating from our premises, website hosts and IT consultants, electronic gaming organisations, and our professional advisers such as management consultants, lawyers and accountants;
  • enable the development and marketing of other products and services and to improve our customer service in general;
  • authorised representatives of Magpies Waitara who sell products or provide services on our behalf;
  • anyone authorised by you to receive your personal information (your consent may be express or implied and can be withdrawn at any time);
  • an actual or prospective amalgamation partner in the event we engage in an amalgamation process with another registered club; and
  • anyone to whom we are required or authorised by law to disclose personal information.

We generally require third parties only to use your personal information for the purpose for which it was provided and to protect the privacy of your personal information.
Otherwise, Magpies Waitara may share personal information, including sensitive information, with a third party if Magpies Waitara has a belief that its use and/or disclosure is necessary:

  • to lessen or prevent threats to health, life or safety of any individual;
  • to investigate unlawful activity or serious misconduct within Magpies Waitara;
  • to assist enforcement bodies, such as the police, with their activities;
  • to assist in locating a missing person;
  • to establish, exercise or defend a legal or equitable claim; or
  • for the purpose of confidential alternative dispute resolution.

You consent to us disclosing your personal information to the third parties listed above, and similar organisations who may in turn provide your information to other third parties. You can withdraw your consent at any time by informing us in writing (except where we are authorised or required by law to disclose the information).
If you do not permit the disclosure of some personal information as Magpies Waitara requests, then we may not be able to meet its legal obligations and may not be able to do business with you or engage you to work with us. If this is the case, we will let you know.

Accessing and updating your personal information

You can request access to the personal information that Magpies Waitara holds about you by contacting the Privacy Officer as set out below. If you make a request for access to your personal information, we may ask you to verify your identity and specify the information you require. We may charge a reasonable amount for providing access.

We will provide you with access to your personal information except where we are permitted or required by law to refuse access. For example, we may refuse your request if providing access would impact unreasonably on the privacy of others or prejudice negotiations in which we are involved. If we do refuse access, we will generally let you know the reasons for our refusal.

If you wish to change personal information that is out of date or inaccurate at any time please contact us. After notice from you, we will take reasonable steps to correct your personal information except where we are permitted or required by law not to do so. If we do refuse your request, we will usually provide you with a reason for our decision and, in the case of a requested amendment we will note with your personal information that you have disputed its accuracy.

How we manage personal information

Magpies Waitara will take reasonable steps to keep secure any personal information. Confidential personal information is stored in a secure server or secure files. The Internet is not a secure method of transmitting information. Accordingly, Magpies Waitara cannot accept responsibility for the security of information you send to or receive from us over the Internet or for any unauthorised access or use of that information.

If Magpies Waitara receives personal information about you which it did not request and which it does not reasonably require, we may destroy or de-identify this information where appropriate.

We are required by law to keep some types of information for certain periods of time. If we no longer require your personal information, we will generally destroy or de-identify it. We reserve the right to retain information for longer than the minimum period required under any applicable law if we consider that it is appropriate, but we will hold it in accordance with this policy.

Data breaches

We will undertake a prompt assessment of whether there are reasonable grounds to believe that an eligible data breach has occurred. An eligible data breach arises where there has been unauthorised access, loss or disclosure of your personal information which is likely to cause you serious physical, emotional, psychological, financial or reputational harm. We will take all reasonable steps to ensure that our above assessment is completed within 30 days of us becoming aware of the possible breach.

If our assessment leads us to conclude that there are reasonable grounds to believe that an eligible data breach of personal information has occurred, we will prepare a statement that describes the relevant details of the breach as required by law.

We will then take such reasonable steps to promptly notify the contents of the statement to each individual whose information has been exposed to the breach, or each individual whose personal information is at risk from the breach, if practicable for us to do so. Otherwise, we will publish a copy of the statement on our website at www.magpieswaitara.com.au/ and take such reasonable steps to publicise the contents of the statement.
We will also provide a copy of the statement to the Office of the Australian Information Commissioner.

Sending information overseas

Magpies Waitara is not likely to send personal information outside Australia.

Changes to this privacy policy

Magpies Waitara may amend this Privacy Policy from time to time and we suggest that you visit our website www.magpieswaitara.com.au regularly to keep up to date with any changes.

Complaints

If you wish to make a privacy complaint please put your complaint in writing and forward it to us by letter or email to our contact details below. The Privacy Officer will investigate the complaint and will provide you with a written response within a reasonable time (having regard to the nature of your complaint) following the completion of the investigation. If you are not happy with the response, you may contact the Office of the Australian Information Commissioner.

Contacting us

If you would like any further information, please contact our Privacy Officer by e-mailing
info@magpieswaitara.com.au calling 02 9487 1066 or writing to 11-37 Alexandria Parade Waitara NSW 2077.

Gambling Policy

HOUSE POLICY

Adopted from Clubsafe Code of Practice

“Responsible Conduct of Gambling Best Practice Guidelines”

These Best Practice Guidelines represent an approach where the environment in which gambling is conducted minimises harm and meets community expectations. Registered Clubs aspire to achieve a harm minimisation objective in their gambling operations by:

1. Providing gambling services and practices that conform to all applicable Acts and Regulations.

2. Promoting responsible gambling practices that conform to local community standards and expectations.

3. Establishing a patron complaint resolution process.

4. Implementing policies to encourage responsible practices in advertising and promotions related to gambling and ensure compliance with relevant legislation.

5. Developing a policy that ensures all legislative requirements related to cheque cashing, payment of winnings and financial transactions are implemented and encourages patrons to develop responsible practices in the use of finances for gambling purposes.

6. Introducing procedures for handling personal information relating to gambling patrons in a club to protect their rights of privacy.

7. Establishing a pleasant and safe gambling environment.

8. Informing and training staff on legislative requirements, harm minimisation issues, the risks of not complying with legislative requirements or not adopting and practising harm minimisation strategies and taking appropriate steps to promote patron and employee care.

9. Magpies Waitara encourages patrons to take responsibility for their gambling activity. Magpies Waitara has procedures in place for self-exclusion that can be used to assist you if you think you have a problem with gambling. The scheme is voluntary and Magpies Waitara would be pleased to discuss this with you. For further information about our self-exclusion procedure or for support or advice, pleased contact the Gaming Manager or Manager on duty.

10. Informing patrons and staff of Magpies Waitara’s responsible gambling policy and program, the nature of gambling products and the availability of support services for problem gamblers.

11. Developing links between the club and relevant community organisations that will provide support and advice for problem gamblers and their families.

Smoking Policy

SMOKING, PASSIVE SMOKING AND THE REDUCTION OF EXPOSURE

TO ENVIRONMENTAL TOBACCO SMOKE WITHIN THE

CLUB HOUSE AT MAGPIES WAITARA

Preamble

The guidelines below set out Magpies Waitara policy to reduce and encourage the reduction of Environmental Tobacco Smoke (ETS) and smoke free areas within the club environment.

The House Policy has been developed in recognition of the Work Health & Safety Act 2011, the Smoke Free Environment Act 2000 and the Smoke Free Environment Regulation 2000. Consultation meetings between the WHS committee, management, staff and the Board of Directors of Magpies Waitara address the factors in reducing (ETS) and developing smoke free areas.

Policy goals

The purpose of this policy shall be to encourage non-smoking, educate members and employees of Magpies Waitara in regard to the consequences of passive smoking and environmental tobacco smoke and significant benefits of supporting the policy.

What is environmental tobacco smoke (ETS)?

ETS is a combination of exhaled mainstream smoke and side stream smoke. Mainstream smoke is the smoke that smokers inhale from their cigarette. Exhaled mainstream is the smoke that smokers exhale.

Side stream smoke comes from the end of a lit cigarette and contains much higher levels of many carcinogens and other toxic substances that exhale mainstream smoke. Eighty five percent (85%) of ETS in an average room is side stream.

ETS has been found to be potential irritant to eyes and reparatory tract and some people have an offensive odour. It increases the chance of contracting or aggravating a range of illnesses including:

Cardio-vascular disease

Lung Cancer

Asthma

Acute irritation of the respiratory tract

Bronchitis

Pneumonia.

Guidelines for reducing ETS

Under Work, Health and Safety Act and Smoke-Free Environment Act 2000 and Regulation, Magpies Waitara has a duty of care to provide a safe and healthy work environment for all employees for all employees and complying with regulation.

Consultation will take place with representatives on Magpies Waitara Work Health & Safety committee and management to develop and implement the work place program on smoking and identify smoke free areas within Magpies Waitara.  Through the committee employees will be educated of the objectives of this policy and be able to inform members and patrons of the obligations within the Act.

Members and patrons will be informed through Magpies Waitara Newsletter and signage about the development and implementation of this policy and the designated smoke free areas within Magpies Waitara.

Magpies Waitara is now ‘SMOKE FREE’ indoors

We are looking after all with both smoking and non-smoking terraces…

Smoking is permitted on the following Terraces:

Outdoor Gaming Terraces (forming part of the gaming room)

Outdoor Lounge Terrace (adjacent to Members Lounge)

Outdoor Terrace (adjacent to Shamrock Inn)

Review

Magpies Waitara and the WHS Committee will review this policy periodically to comply with legalisation.

Whistleblower Policy

WHISTLEBLOWER POLICY

Adopted from ClubsNSW Policy. Last Updated: January 2020 Approved at March 2020 Board Meeting

OBJECTIVE

The objective of this policy is to make all employees and directors aware of their lawful rights to disclose any wrongdoing; and provide protection for employees who disclose any such information. Magpies Waitara is committed to the highest standards of conduct and ethical behaviour.

QUALIFYING FOR PROTECTION

The Corporations Act 2001 (Cth) and other legislation provides special protections to people that disclose wrongdoing related to an organisation such as a club (whistleblowers). These protections prevent the organisation from subjecting the whistleblower to detriment, such as by dismissing, harassing or damaging the reputation of the whistleblower. These legislative protections will apply to a person disclosing wrongdoing if three criteria are satisfied:

  • the person making the disclosure is an eligible whistleblower; and
  • the whistleblower suspects that the information being disclosed concerns wrongdoing in relation to Magpies Waitara
  • (a disclosable matter); and
  • the information is disclosed to a prescribed person or body (a prescribed recipient).

At the end of this section (Qualifying for Protection), the Policy describes two other avenues to qualify for protection, besides satisfying the three criteria above. Please see the Club’s Grievance Procedure on how personal workplace or other matters that are not covered by this policy may be dealt with.

Eligible whistleblowers

A person is an eligible whistleblower if they are a current or former employee or director of Magpies Waitara. A current or former volunteer staff member is also an eligible whistleblower. The following people are also eligible whistleblowers:

  • a supplier to Magpies Waitara as well as the supplier’s staff (including volunteer staff); and
  • a relative or dependant of a current or former director, employee, volunteer staff member or supplier (including a dependant of the supplier’s staff). A relative or dependant includes a spouse, parent, brother, sister, grandparent or grandchild.

Disclosable matters

This policy applies to the disclosure of information which a person has reasonable grounds to suspect concerns misconduct, or an improper state of affairs or circumstances in relation to Magpies Waitara. This may include:

  • breaching Commonwealth, State or Territory legislation, or local authority by-laws;
  • fraud or corruption;
  • illegal activities or conduct (including theft, illicit drug sale/use, violence, threatened violence, or criminal damage against Magpies Waitara’s assets or property);
  • discrimination, vilification, sexual harassment, harassment, bullying and victimisation;
  • unsafe work-practices.

  As noted above, a disclosure is a disclosable matter if the person making the disclosure “has reasonable grounds to suspect” wrongdoing.   Therefore, if a person discloses information about possible wrongdoing, and the allegation is ultimately found to be incorrect (i.e. the club did not in fact engage in wrongdoing), the disclosure may still qualify for protection if the person had “reasonable grounds to suspect” that the information concerned wrongdoing. However, a person who maliciously or vexatiously makes disclosures or makes disclosures which they know are false is unlikely to qualify for protection.

Is your disclosure about tax?

Disclosures about tax wrongdoing are treated differently to other disclosures. For instance, the prescribed recipients are different depending on whether the disclosable matter relates to tax.   Tax disclosures refer to wrongdoing in relation to federal tax matters, such as tax avoidance or other breaches of tax legislation. Federal tax includes income tax (also known as corporate tax), capital gains tax (CGT), Goods and Services Tax (GST) and Fringe Benefits Tax (FBT).   Taxes that are regulated by state legislation must be treated as a non-tax matter for the purposes of whistleblower rules. Taxes regulated by state legislation include gaming tax, payroll tax and land tax.   For example, if an employee wishes to make a whistleblower disclosure because they suspect that a club is deliberately underpaying payroll tax or gaming tax, the employee should make the disclosure to a prescribed recipient for non-tax matters (described below) and not a prescribed recipient for tax matters.   Alternatively, if an employee wishes to make a whistleblower disclosure because they suspect that a club is deliberately underpaying corporate tax, the employee should make the disclosure to a prescribed recipient for tax matters.   Federal tax-related disclosures must satisfy an additional ground to be a disclosable matter (in addition to the description above), being that:

  • the person considers that the information may assist the recipient to perform their duties in relation to taxation.

Prescribed recipients for non-tax matters

The following bodies and people are prescribed recipients. Therefore, disclosing information about wrongdoing will qualify the person for whistleblower protections, as long as the other two criteria are met (the person is an eligible whistleblower and the information is a disclosable matter):  

  • an employee’s direct manager or supervisor;
  • a director or senior manager of Magpies Waitara;
  • Magpies Waitara’s internal or external auditor (or a member of the external audit team) and actuary;
  • the Australian Securities and Investments Commission (ASIC); or the Australian Prudential Regulation Authority (APRA).

Prescribed recipients for tax matters

The following bodies and people are prescribed recipients for disclosures related to federal taxes:  

  • Commissioner of Taxation;
  • an employee’s direct manager or supervisor;
  • Magpies Waitara’s internal or external auditor (or a member of the external audit team);
  • a registered tax agent or BAS agent who provides services to Magpies Waitara;
  • a director or senior manager of Magpies Waitara; or
  • any employee or director with tax-related responsibilities.

Other avenues to qualify for protection

Satisfying the three criteria above is one avenue for a prospective whistleblower to qualify forprotection. There are two other avenues to qualify, as they may relate to Magpies Waitara:

  1. the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the whistleblower matter;
  2. the disclosure is an emergency disclosure, because it satisfies each of the below criteria (this avenue does not apply to a tax-related matter):
    • the person has previously made a disclosure qualifying for protection;
    • a reasonable period of time has since passed;
    • there is a risk to public health or safety if the information is not acted on immediately; and
    • the person notifies Magpies Waitara in writing that they intend to make an emergency disclosure; and
    • the disclosure is made to a State, Territory or Commonwealth member of Parliament or a journalist.

PROTECTIONS AVAILABLE TO WHISTLEBLOWERS

If a person discloses information which qualifies for whistleblower protection, the below legal protections will apply. These protections will apply to internal whistleblowers (such as employees, volunteer staff and directors) as well as external whistleblowers (such as suppliers or relatives of club staff). Given these legislative protections, Magpies Waitara is legally obligated to ensure these protections:  

  • identity protection (confidentiality);
  • protection from detriment;
  • compensation and other remedies; and;
  • protection from legal liability.;

Confidentiality

Magpies Waitara recognises that maintaining appropriate confidentiality is crucial in ensuring that prospective whistleblowers come forward and make disclosures in an open and timely manner and without fear of reprisals being made against them.   It is illegal for Magpies Waitara or any other person to identify a discloser or distribute information likely to lead to the discloser being identified.   In the following instances, Magpies Waitara may lawfully disclose the identity of the whistleblower:  

  • to ASIC, APRA or the Australian Federal Police;
  • to a legal practitioner (to obtain legal assistance);
  • if the prospective whistleblower consents.

  Magpies Waitara or a person investigating the whistleblower complaint may also disclose information about the complaint, which could lead to the person’s identity being deciphered, if the person’s name is redacted and the investigator has taken all reasonable steps to prevent the whistleblower’s identification.   Note: Whistleblowers may complain to ASIC if their confidentiality has been breached. In appropriate cases, disclosure of the identity of the whistleblower, or the allegation made by them, may be unavoidable, such as if court proceedings result from a disclosure pursuant to this policy.

Protection from detriment

The following types of detriment to a whistleblower are unlawful:  

  • terminating the whistleblower’s employment;
  • altering characteristics of the whistleblower’s employment, such as their position or duties;
  • harassing or intimidating the whistleblower;
  • damaging the whistleblower’s reputation, property or financial position;
  • injuring or harming the whistleblower (including psychological harm).

  Magpies Waitara may take adverse action against a whistleblower if the disclosure reveals that the whistleblower engaged in misconduct.   If a disclosure qualifies for protection under the applicable legislation, the protection afforded to the discloser overrides any provision of their employment contract, including any confidentiality clause.   If the whistleblower was involved in the conduct which was the subject of the disclosure, the fact that the whistleblower has made the disclosure may be taken into account in determining the severity of the disciplinary measures, if any, that may eventually be taken against such whistleblower.

Compensation and other remedies

A whistleblower is entitled to seek compensation and other relief through the courts if:  

  • they suffer detriment due to making the disclosure; and
  • Magpies Waitara failed to prevent the detriment.

Protection from legal liability

A whistleblower is protected from the following outcomes:  

  • legal action being commenced against the whistleblower, such as for breach of confidentiality or any other obligations in their employment contract or elsewhere;
  • criminal prosecution, such as for unlawfully releasing information; and
  • administrative action, for example, a BAS agent cannot be sanctioned or disciplined under the accounting profession’s code of conduct due to making a whistleblower disclosure.

HOW THE CLUB WILL SUPPORT WHISTLEBLOWERS

How the Club will support confidentiality

As noted earlier in this Policy, Magpies Waitara is legally obligated to take steps to maintain a whistleblower’s confidentiality. Where necessary, Magpies Waitara will take the following actions to protect a whistleblower’s confidentiality:  

  • redact the whistleblower’s name, personal information and information which could lead to the identification of the whistleblower, in any written material which describes the disclosure;
  • the whistleblower will always be referred to in a gender-neutral context;
  • where possible, Magpies Waitara contact the whistleblower to ascertain certain information which could cause another person to identify the whistleblower (for example, there may be unique characteristics about how and when the whistleblower discovered information about the wrongdoing, and if these characteristics are disclosed, it may cause another person to identify the whistleblower);
  • documents or information relating to the investigation will not be sent to a printer or email address that can be accessed by other staff.

How the Club will prevent detriment

Magpies Waitara will also take steps to prevent the whistleblower from experiencing any detriment, including:  

  • move the whistleblower to another team or position (with the whistleblower’s consent);
  • after a whistleblower complaint is made, senior managers and directors privy to the complaint, may meet to assess the risk of detriment to the whistleblower and actions to mitigate that risk;
  • if detriment has already occurred – intervening to protect the whistleblower, such as by taking disciplinary action against a person responsible for the detriment.

  Any reprisals against a whistleblower are a serious breach of this policy and may result in disciplinary action, including dismissal. Where the Club becomes aware of any reprisals against a whistleblower for complying with this policy or the legislation, the Club will take steps to either overturn, or deem void, the decision or action. This protection applies to anyone providing information related to an investigation pursuant to this policy.

HANDLING AND INVESTIGATING A DISCLOSURE

Reporting

Magpies Waitara has several channels for reporting wrongdoing. In the first instance, any person who has reasonable grounds to suspect that a breach of a law or other standard of behaviour has occurred, is encouraged to report that suspicion to the Operations Manager. If this is considered inappropriate, the person should raise the concern with General Manager by phone or email, or in writing. You may also raise the matter with any director or senior manager of Magpies Waitara. If neither of these channels are considered appropriate, disclosures may be made to the Club’s auditor Conroy Audit & Advisory , via David Conroy:

  • Email: d.conroy@bryanrush.com.au
  • Postal address: Level 2 /154 Elizabeth St Sydney 2000
  • Telephone: 9267 9227u

  Where an allegation of wrongdoing relates to Magpies Waitara’s tax affairs, a person may qualify for protection by disclosing the allegation to other recipients; the Commissioner of Taxation or a registered tax agent or BAS agent (this may be Magpies Waitara’s accountant). All disclosures should provide specific, adequate and pertinent information with respect to, among other things, dates, places, persons, witnesses, amounts, and other relevant information, in order to allow a reasonable investigation to be conducted. If the whistleblower discloses his or her name, the person receiving the disclosure will acknowledge receipt of the disclosure and may initiate a follow-up meeting. However, if the disclosure is submitted on an anonymous basis, there will be no follow-up meeting regarding the disclosure and Magpies Waitara will be unable to communicate with the whistleblower if more information is required, or if the matter is to be referred to external parties for further investigation. All disclosures received will be dealt with on a confidential basis.

Handling a disclosure

A person who receives a disclosure cannot circulate your identity to other staff without your consent. For instance, if you lodge a whistleblower complaint to your direct manager, your manager will not circulate your identity to the secretary manager or any senior manager without your consent. If you do not consent, your manager may circulate the complaint to the secretary manager or other senior managers in such a way that maintains your confidentiality. After receiving a disclosure, Magpies Waitara will assess whether:

  • the disclosure qualifies for protection; and
  • a formal investigation is required.

In conducting this assessment, Magpies Waitara may seek professional legal advice. If a person makes a disclosure in good faith, and Magpies Waitara subsequently concludes that the disclosure does not qualify for protection, the Club may choose to protect the discloser’s confidentiality, and protect the discloser from detriment, despite the absence of legislative protections.

Investigating a disclosure

Any investigation in relation to a disclosure will be conducted promptly and fairly, with due regard for the nature of the allegation and the rights of the persons involved in the investigation. A disclosure will not be investigated by persons implicated in the wrongdoing. The purpose of investigating the disclosure is to determine whether there is enough evidence to substantiate or refute the allegation. Accordingly, during the investigation, Magpies Waitara may request additional information from a whistleblower, to attain sufficient evidence to make this assessment. Investigating a disclosure may also require Magpies Waitara to seek outside assistance of a technical, financial or legal nature. Magpies Waitara will ensure that, provided the disclosure was not made anonymously, the whistleblower is kept informed of the outcomes of the investigation of his or her allegations, subject to the considerations of privacy of those against whom allegations are made. The findings resulting from an investigation will be documented and circulated to the board and senior managers, in accordance with Magpies Waitara’s obligation to maintain the whistleblower’s confidentiality. In addition to protecting the whistleblower’s confidentiality, Magpies Waitara may also choose not to circulate the findings of the investigation to persons implicated in the wrongdoing.

INDIVIDUALS MENTIONED IN A DISCLOSURE

Magpies Waitara will take steps to ensure the fair treatment of individuals mentioned in a disclosure, including where those individuals are implicated in wrongdoing. Magpies Waitara will adhere to the principles of natural justice in taking any disciplinary action against persons implicated by a whistleblower disclosure. This means that the implicated person will be advised about the substance of the disclosure prior to any actions being taken. Magpies Waitara will also take reasonable steps to protect the confidentiality of persons implicated in a whistleblower disclosure.

HOW THE POLICY WILL BE MADE AVAILABLE

This policy will be given to all employees and directors of Magpies Waitara when their employment or tenure commences. This policy will also be made available via the staff operations manual/website/noticeboard. For further information about this policy please contact the Operations Manager or General Manager.