Our Whistleblowing Policy

At Athena, we are 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.

We encourage the reporting of any instances of suspected unethical, illegal, fraudulent or undesirable conduct involving Athena's business. We will ensure that Athenians and other eligible persons who make a report can do so without fear of intimidation, disadvantage or reprisal.

This Policy is intended to encourage disclosures of wrongdoing, help deter wrongdoing, and ensure that individuals who disclose wrongdoing can do so safely, securely and with confidence that they will be supported.

This Policy explains:

This Policy does not apply to customer complaints about Athena, its staff or contractors. Customers can raise these concerns through Athena's normal Complaints Handling channels.

This Policy is published internally on Athena's intranet for current employees and directors. It is also published on Athena's public website for former employees and other eligible persons covered by this Policy.

You may make a report under this Policy if you suspect on reasonable grounds that an Athena director, employee, contractor, supplier, tenderer or other person who has business dealings with Athena, an associate of Athena, or a relative, dependant or spouse of any of the above, has engaged in Reportable Conduct.

"Reportable Conduct" as used in this Policy is broader than the statutory "disclosable matter" definition in the Corporations Act. This means you should always feel free to raise a concern under this Policy, but not everything reported here will necessarily attract the specific statutory protections described later in this Policy - those depend on meeting the Corporations Act's own criteria.

You can make a report under this Policy if you are, or have been, an Athena director, employee, contractor, supplier, tenderer or other person who has business dealings with Athena, an associate of Athena, or a relative, dependant or spouse of any of the above.

Reportable Conduct includes conduct that may contravene various Commonwealth laws relevant to Athena's business (the full list is in Schedule 2), or that represents a danger to the public or the financial system.

Reportable Conduct includes, but is not limited to, conduct that:

We understand that it may not always be clear what constitutes Reportable Conduct. If you're unsure, we encourage you to raise anything you reasonably believe may require the safeguards provided under this Policy.

You will still qualify for protection under this Policy even if your report later turns out to be incorrect, provided you had reasonable grounds for your suspicion at the time you made it.

A disclosure that relates only to your own current or former employment, and has implications for you personally but no other significant implications for Athena, is a personal work-related grievance rather than Reportable Conduct, and does not qualify for the statutory whistleblower protections under the Corporations Act. Examples include an interpersonal conflict with another employee, a decision about your engagement, transfer, promotion or terms and conditions of employment, or a decision to discipline, suspend or terminate you, where that decision does not itself involve a breach of workplace laws or other Reportable Conduct.

A personal work-related grievance can still qualify for protection if: it is mixed with information about Reportable Conduct; Athena has breached employment or other laws punishable by 12 months' imprisonment or more, or the conduct represents a danger to the public; you suffer or are threatened with detriment for making the disclosure; or you seek legal advice about your rights under the whistleblower provisions. If your concern is a personal work-related grievance that does not meet any of these, please raise it under Athena's People Policy (which covers grievance handling) or with People & Community, who can support you separately from this Policy.

There are several channels available if you become aware of an issue or behaviour that you consider to be Reportable Conduct.

You can make a report directly to one of Athena's Protected Disclosure Officers:

Current names, contact details, and how to access Athena's online reporting platform, are set out in Schedule 1 to this Policy.

You may also make a report that qualifies for protection directly to: any Athena officer or senior manager; Athena's internal or external auditor; ASIC; or a legal practitioner, for the purpose of obtaining legal advice or legal representation about the whistleblower provisions (this is protected even if the legal practitioner concludes your disclosure is not Reportable Conduct). You do not need to report to Athena first before reporting to ASIC.

You can also make a report, including anonymously or pseudonymously, through Athena's secure online reporting and case management platform Hoogly (see Schedule 1 for the current link). The platform allows you to communicate securely and confidentially with a Protected Disclosure Officer at any time, including outside business hours, and to track the progress of your report.

In limited circumstances, a disclosure to a journalist or a Commonwealth, State or Territory parliamentarian can also qualify for protection as a public interest disclosure or emergency disclosure. Both require you to have already reported to ASIC or another prescribed body first, and to have given that body written notice of your intention. Beyond that:

We strongly recommend obtaining independent legal advice before making this kind of disclosure, given the strict conditions that apply.

Reports can also be made by post to:

Athena

Ground Floor, 347 Kent Street

Sydney NSW 2000

Please mark the correspondence "Private and Confidential" and address it to one of the Protected Disclosure Officers listed in schedule 1.

Yes. You can choose to remain anonymous if you wish and your identity will be protected in accordance with this Policy at all stages of the process, beginning with your initial report and continuing through any investigation that takes place.

You are not required to disclose your identity when making a report. However, where you feel comfortable doing so, disclosing your identity may assist the Protected Disclosure Officer to monitor your wellbeing, protect you against personal disadvantage and seek further information about your report where required.

For a report to be investigated, it must contain enough information to form a reasonable basis for investigation.

If you choose to remain anonymous, it may be more difficult for a Protected Disclosure Officer to seek further information from you. It is therefore important to provide as much information as possible, including where available:

Where insufficient information is available, Athena may not be able to form a reasonable basis for further investigation.

Athena will investigate matters reported under this Policy as soon as reasonably possible after they are reported.

A Protected Disclosure Officer may, with the Whistleblower's consent where required, appoint an appropriate person to assist with the investigation of a matter raised in a report.

The investigation will be conducted in an objective and fair manner and otherwise as is reasonable and appropriate having regard to the nature of the Reportable Conduct and the circumstances.

Where appropriate, Athena will provide feedback to the Whistleblower regarding the progress and/or outcome of the investigation, subject to privacy, confidentiality and other considerations relating to those against whom allegations have been made.

The investigation process will vary depending on the nature and complexity of the Reportable Conduct and the amount of information available.

The Protected Disclosure Officer will aim to conclude the investigation within two months of the report.

Where a report raises complex issues and it is not reasonably possible to conclude the investigation within two months, Athena will attempt to notify the Whistleblower of the expected investigation timeframe, where possible.

If there is insufficient information to warrant further investigation, or an initial investigation determines there is no case to answer, the Protected Disclosure Officer will notify the Whistleblower at the earliest possible opportunity, where possible.

The Protected Disclosure Officer assigned to your report may advise you of the outcome of the investigation unless prevented by law or other confidentiality requirements from doing so.

Further feedback may be provided subject to the privacy and confidentiality rights of individuals involved in the investigation and any other applicable confidentiality requirements.

Where a Protected Disclosure Officer substantiates a report, Athena will consider whether changes to our processes, controls or systems are required to reduce the likelihood of the Reportable Conduct occurring again.

Where a person is found to have engaged in misconduct, the matter will be dealt with in accordance with Athena's disciplinary procedures. This may result in disciplinary action, including dismissal.

Serious criminal matters may be reported to the police or other appropriate regulatory authorities.

Athena will also assess and report compliance incidents in accordance with Athena's Incident Management Reporting procedures.

If an individual reporting the concern considers that their report has not been dealt with in accordance with this Policy or has a reasonable basis for being dissatisfied with the investigation outcome, the matter can be escalated to the Compliance department for an independent assessment.

Athena is committed to ensuring the fair treatment of any employee who is mentioned in, or is the subject of, a report made under this Policy. In handling and investigating a report, Athena will:

Athena will determine the appropriate time to inform a person who is the subject of a report having regard to the nature of the allegations and the risk of prejudicing the investigation, but will inform them before any adverse finding is made.

Athena is committed to ensuring confidentiality in respect of all matters raised under this policy, and that those who make a report in good faith are treated fairly and do not suffer any disadvantage.

Subject to compliance with legal requirements, upon receiving a report under this Policy, Athena will not, nor will any supervisor, manager or Protected Disclosure Officer, disclose any particulars that would suggest or reveal your identity as a whistleblower, without first obtaining your consent.

Any disclosure that you consent to will be disclosed on a strictly confidential basis. However, the Protected Disclosure Officer is able to disclose the complaint without your consent to NSW Police, ACNC, ASIC or the Australian Federal Police.

Athena may also disclose the substance of a report without your consent, and without disclosing your identity, where it has removed your identity and other information likely to identify you, and doing so is reasonably necessary to investigate the issues raised.

If you believe your confidentiality has been breached, you can raise this with a Protected Disclosure Officer for investigation as a separate matter, or lodge a complaint directly with ASIC or the ATO.

All files and records created from an investigation will be retained under strict security and unauthorised release of information to someone not involved in the investigation (other than senior managers or directors who need to know to take appropriate action, or for corporate governance purposes) without your consent as a whistleblower will be a breach of this policy.

Whistleblowers are assured that a release of information in breach of this policy will be regarded as a serious matter and will be dealt with under Athena's People Policy (which covers grievance handling).

Any Athenian who is subjected to detrimental treatment as a result of making a report in good faith under this policy should inform a Protect Disclosure Officer immediately. If the matter is not remedied, it should be raised with the CEO

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

Athena does not tolerate retaliation or adverse action related to a Whistleblower report (including action designed to prevent a Whistleblower report from being made). This includes action such as:

Anyone found to have victimised or disadvantaged someone for making, or proposing to make, a disclosure under this Policy will be subject to disciplinary action.

If you suffer loss, damage or injury because of your report and Athena fails to take reasonable precautions to prevent that detriment, you may be entitled to seek compensation or other remedies through the courts. We encourage you to obtain independent legal advice if you believe you have suffered detriment.

If your report qualifies for protection, you are also protected from civil liability (such as a claim against you for breach of confidentiality or an employment contract), criminal liability (such as prosecution for unlawfully disclosing information), and administrative liability (such as disciplinary action) arising out of making the report. These protections do not grant you immunity for any misconduct of your own that is revealed by your report.

All Whistleblower reports of Reportable Conduct will be handled in accordance with this Policy. Certain reports may also qualify for specific protections under Australian law.

These protections may arise under legislation including:

Depending on the circumstances, statutory protections can include protection of a Whistleblower's identity, protection from detrimental treatment protection from civil, criminal and administrative liability, and the right to seek compensation or other remedies, arising from making a protected disclosure - each summarised above.

For further information about the statutory protections available to Whistleblowers, please visit:

A Protected Disclosure Officer can also assist you with understanding the statutory protections that may apply.

Reportable Conduct - the wrongdoing this Policy covers, in Athena's own words - broader than the strict legal definition below, and the term used throughout this Policy

Disclosable matter - the Corporations Act's own, narrower legal definition of what triggers the statutory protections described later in this Policy - not everything that counts as Reportable Conduct will meet this test, though you should still report it

Protected Disclosure Officer (PDO) - the Athena role you can report to directly - currently the Chief Risk Officer and the Chief of People & Community (see Schedule 1 for current names)

Eligible recipient - a person or body the law recognises as a safe channel for a report that qualifies for statutory protection - includes Athena's PDOs, its auditor, ASIC, or a lawyer giving advice about these provisions

This Schedule sets out the current names and contact details for Athena's Protected Disclosure Officers, and how to access Athena's online reporting platform. It is maintained separately from the body of this Policy so that a change of personnel or reporting channel does not require the Policy itself to be reissued. Legal & Compliance may update this Schedule directly when these details change, provided the CRO is notified of the change; updating this Schedule does not require the Policy itself to be re-approved.

Conduct may be Reportable Conduct if it contravenes, or may contravene, a provision of any of the following (or represents a danger to the public or the financial system):