Privacy Policy DIHRPP026

Derwent Industries Pty Ltd – ABN 48 096 997 152 (Derwent Industries Group/Derwent/The Company) is committed to maintaining the privacy and security of the personal information it collects and holds. Derwent is bound by the Privacy Act 1988 (Cth) (Privacy Act), which regulates the way in which The Company collects, uses and discloses your personal information. Derwent will manage your personal information consistently with the requirements under the Privacy Act.

This Privacy Policy contains information about how Derwent manages the personal information it collects about you if you are any of the individuals that Derwent may deal with, such as customers, suppliers, individuals that have a connection with a customer or supplier or individuals that apply for or gain a role with a member company of the Derwent Industries Group.

Personal information that Derwent may collect.

The type of personal information that Derwent may collect and hold, and where that information comes from, will vary depending on the circumstances in which Derwent is dealing with you.

This information may include:

  • your name, date of birth, residential and business addresses, telephone numbers, email and other electronic addresses, banking details, position;
  • information about your transactions, products, services, agreements or other dealings with Derwent, its affiliates, or any third parties, such as purchase and payment history, details about product use, trade references, credit card and other payment details;
  • government identifiers such as your tax file number, ABN, Medicare card number, driver’s licence number or passport number (for example, to verify your identity at the time you request a product or service or apply for a position with Derwent);
  • sensitive information, including place of birth or nationality, membership of a professional or trade association, criminal records and health and doctor information (for example, if you are a staff member, medical certificates and health related information associated with leave applications, workers’ compensation matters, injury incidents and rehabilitation);
  • other details relating to your relationship and dealings with The Company including if Derwent deals with you in a capacity other than a customer (for example, if you are employed by or have applied for a position with Derwent, pre-employment history, income, results of aptitude and other tests, qualifications, academic transcripts, next of kin or emergency contact person and their details, superannuation and health insurance details, details on deductions for child support). If you have been granted an Australian Government Security Clearance, particulars relating to your clearance, itineraries for any overseas travel you are planning, and details concerning all overseas travel that you have undertaken.

Your personal information is often collected by Derwent directly from you. For example, if you are a customer you are likely to provide Derwent with personal information at the time you make an application or request a product or service or you update your details held by The Company. Similarly, if Derwent deals with you as a representative of a customer or supplier (such as an employee, director or other officer of a corporate customer or supplier) you may provide personal information as a result of your dealings with Derwent. If you are applying for employment with Derwent, it will usually collect details directly from you.

In some circumstances Derwent may receive your personal information from third parties. For example, this may be the case where a corporate customer provides your details as part of an application or request for products or services, or where we receive your contact information from another party suggesting you may be interested in our products or services. As another example, The Company may need to obtain personal information about you from a third party to verify information you have provided or to enable Derwent to locate or communicate with you.

If you do not provide the information requested, or if you provide incomplete or inaccurate information, Derwent may not be able to provide you with products or services or other opportunities (for example, a role with Derwent) that you have applied for.

If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.

Purposes for which Derwent may collect, use and disclose personal information

Derwent will collect, use or disclose your personal information as is reasonably necessary for its business purposes and as permitted by law. Such purposes may include:

  • processing an application or request for a product or service and managing its products and services and other relationships and arrangements, including processing payments and invoices;
  • recruitment and employment purposes (including internal staff communication and newsletters);
  • engaging service providers, contractors or suppliers relating to the operation of its business;
  • evaluating and monitoring a customer’s credit worthiness;
    responding to inquiries about products or services, accounts or other arrangements;
    dealing with complaints;
  • meeting legal and regulatory requirements. Various Australian laws may expressly require Derwent to collect your personal information or Derwent may need to do so in order to be able to comply with other obligations under those laws. Such laws include the Personal Property Securities Act and State and Territory property and security interests laws (for example, to register and search for security interests) or the Taxation Administration Act, the Income Tax Assessment Act and other taxation laws (for example, to comply with obligations relating to employment or with information requests issued by the Commissioner of Taxation);
  • enforcing its rights, including undertaking debt collection activities and legal proceedings;
  • promoting its products and services;
  • providing updates on corporate or business changes and matters.

Third parties to whom Derwent may disclose personal information

Derwent may disclose your personal information for the purposes listed above or as otherwise permitted by the Privacy Act to third parties that include the following:

  • related companies, commercial partners and affiliates;
  • service providers, information providers, advisers, agents and debt collectors;
  • banks and other financial institutions, insurers and superannuation providers;
  • government and regulatory agencies, bodies and authorities;
  • third parties you authorise to act on your behalf or that are otherwise connected with you (such as your accountant, legal representative, employer or referee);
  • your guarantors and security providers;
  • organisations acquiring or wishing to acquire an interest in any of Derwent’s assets from time to time, such as prospective debt purchasers;
  • if you are a Derwent staff member, your personal information may be shared with contractors, suppliers and customers that Derwent deals with;
  • other persons that Derwent needs to deal with in connection with engagement of staff (such as next-of-kin, emergency contact, training or medical providers);
  • other persons and entities as permitted under the Privacy Act.
  • Some of the recipients to whom Derwent discloses your personal information may be based overseas. It is not reasonably practicable to list every country to which your information may be transmitted from time to time.

How personal information is held and protected by Derwent

Derwent may hold your personal information in physical form or in electronic form on computer systems located in Australia or overseas, including with related companies and third-party technology and storage providers. Derwent stores your personal information in a secure manner and protects it from unauthorized access, modification or disclosure through measures such as time locked password protected computers, locked physical storage and implementation of internal policies and procedures intended to ensure that only personnel that require it to discharge their functions will access such information

As required by the Privacy Act, Derwent will take reasonable steps to ensure that any personal information collected that is no longer required for a permitted purpose will be destroyed or permanently de-identified.

Accessing personal information held by Derwent

You have a right to request access to the personal information that Derwent holds about you, subject to certain exemptions under the Privacy Act. You will not be charged for making a request to access your personal information, but you may be charged for the reasonable time and expense incurred in compiling information in response to your request. If a charge is applicable, Derwent will inform you in advance of any likely charge.

If you would like to request access to your personal information held by Derwent, please see “Contacting Derwent about Privacy” below. The Company will usually respond to your request within 30 days.

Correcting personal information held by Derwent

Derwent takes all reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete, up-to-date and relevant to the products or services provided to you or the nature of the relationship with you. If you believe that this is not the case in relation to any personal information The Company holds about you, you have the right to request that Derwent corrects your personal information. If you would like to request correction of your personal information held by Derwent, please see “Contacting Derwent about privacy” below. The Company will usually respond to your request within 30 days.

Privacy complaints and disputes

If you believe your personal information has not been treated consistently with the Privacy Act, please contact The Company – see “Contact Derwent about privacy” below.

Derwent will investigate your privacy complaint and respond to you as soon as practicable. Where Derwent finds that your complaint is justified, it will resolve the complaint. Where it disagrees with your complaint, Derwent will provide you with its reasons.

If you are unhappy with the handling of your complaint, you also have rights to complain to the Office of the Australian Information Commissioner (visit www.oaic.gov.au for more information).

How changes are made to this Privacy Policy

Derwent may amend this Privacy Policy from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.

Contacting Derwent about privacy

If you wish to contact Derwent about the privacy-related matters described above or find out more information about the privacy practices of Derwent, please use these contact details:

Privacy Officer
Derwent Industries Pty Ltd
894 Taylors Road
Dandenong South VIC 3175
Australia

Tel: (03) 9276 4667
Email: privacy@mackayrubber.com.au
Please visit www.Derwentindustries.com.au for the current version of this policy.

Anti Discrimination Policy DIHRP004

Derwent Industries Pty. Ltd. (Derwent/The Company/The Group) is committed to providing all employees across The Group a healthy safe and nondiscriminatory work environment. Derwent expects all employees to behave in a professional manner and to treat each other with dignity and respect when at work.

Workplace Discrimination can be defined as situations where employees find themselves being treated less favorably in the workplace because of a Protected Attribute that they have. Often these Protected Attributes are something people cannot change including: Colour, Race, National Extraction, Gender, Sexual Orientation, Marital Status, Pregnancy, Disability, Age, Religion Political Opinion and Social Origin.

Employees are entitled to protection from discrimination and where a right is breached employers and individuals can find themselves in potential contravention of several Commonwealth and State laws.

Discrimination can be Direct, meaning that a person, or a group of people, being treated less favorably than another person or group because of their background or certain personal characteristics or Indirect which can occur when there is an unreasonable rule or policy that is the same for everyone but has an unfair effect on people who share a particular attribute.

Note: that certain circumstances may arise where discrimination may be permitted. These include: Where it is permissible under state or territory anti-discrimination laws; When an exemption has been granted; Hiring people with underrepresented attributes; and If an employee or potential employee cannot meet the requirements of the position.

Note: Legitimate performance management by a manager or supervisor or a lawful and reasonable request or direction by a co-worker or manager does not constitute discrimination.

Do Not Turn a Blind Eye if You Notice Discrimination

Anyone who experiences or witnesses discrimination should report it to their manager or the Human Resources department, as soon as possible. When an incident is reported, it will be investigated in a fair, timely, and confidential manner in accordance with Derwent’s Grievance Procedure.

While all genuine reports concerning misconduct are encouraged, false reporting involving malicious or vexatious allegations where there are no reasonable grounds to suspect a wrongdoing are not acceptable and may lead to disciplinary action.

Discrimination of any form is not tolerated at Derwent.

This zero-tolerance policy applies to the workplace, while traveling on company business or being at any other place where Derwent business is being carried on including company social functions. Other social functions where Derwent staff are gathering may also be captured by this policy.

This policy also applies during the recruitment process.

Employees found to have breached this policy will be subject to disciplinary action which may result in termination of employment.

All managers and employees have a responsibility to comply with this policy, lead by example and to treat everyone who works at works at or participates in business with Derwent with dignity and respect.

This policy applies to all Directors, Officers, Employees, across the Derwent Industries Group of Companies and all Contractors, Subcontractors and staff engaged through agencies.

discrimination policy

Whistleblower Policy DIHRP 028

1. Introduction

1.1. Derwent Industries Pty Ltd ABN 48 096 997 152 (Derwent Industries Group/Derwent/The Company) is an ethical, law-abiding organisation that encourages its officers, employees, contractors, suppliers, customers, agents and other business participants to disclose illegal activity and inappropriate conduct that they notice.

1.2. This Policy aims to deter wrongdoings and encourage disclosures and assure disclosers that they are afforded protection, in accordance with various laws which protect whistleblowers from negative treatment including the Corporations Act 2001 (Cth.) and Taxation Administration Act 1953 (“Whistleblower Protection Laws”).

2. Purpose of this Policy

2.1. This Policy is an important tool for helping the Company identify wrongdoings that may not be uncovered unless there is a safe and secure means for such disclosure.

2.2. Specifically, this Policy aims to:

    • encourage disclosures of wrongdoings;
    • deter wrongdoings;
    • ensure individuals who disclose wrongdoings can do so safely, securely and with confidence
      that they will be protected and supported;
    • ensure that disclosures are dealt with appropriately and on a timely basis; and
    • support Derwent’s values, and corporate ethics.

3. Can I remain anonymous?

3.1. You may choose to remain anonymous while making the disclosure, over the course of the investigation and after the investigation is finalised. For example, you may choose to not answer questions that you feel could reveal your identity. However, to enable us to properly investigate and respond to disclosures, we encourage disclosers to provide their name when making a disclosure.

3.2. If you make an anonymous disclosure, the person investigating the disclosure may not be able to provide you with information about the status of any investigation into the conduct.

 

3.3. There are various levels of anonymity that the whistleblower may choose for the purpose of making their disclosure. These can include using pseudonyms, unidentifiable email addresses, communication through third parties, unidentified letters and/or anonymous phone calls.

3.4. Where appropriate, the disclosure will be allocated a case number and anonymous disclosures will be referred to in investigations and discussions only by that case number. Reports and other documentation will be redacted so that they do not identify the whistleblower who wishes to remain anonymous.

3.5. In circumstances where a whistleblower elects to reveal their identity to the person receiving their disclosure but makes it clear that their preference is that their identity not be disclosed to others, the person receiving the disclosure must keep the identity of the whistleblower confidential and refer to them in discussions and written documentation only by their allocated case number.

For clarity, this commitment of confidentiality includes not revealing the identity of a whistleblower who wishes to remain anonymous, to anyone regardless of their seniority in the Company without the express permission of the whistleblower or one of the other exceptions set out in section 4.1 applies.

4. Will the identity of a whistleblower be revealed?

4.1. We will keep the identity of a discloser (or information that is likely to lead to the identification of a discloser) confidential, except in the following circumstances:

    • the discloser consents in writing to this information being disclosed;
    • during the investigation process, we are permitted to disclose information (other than the identity of the discloser) reasonably necessary for the purposes of investigating the disclosure. We will take reasonable steps to reduce the risk of the discloser being identified;
    •  we need to disclose this information to obtain confidential legal advice or representation;
    • we need to disclose the information to a regulator or a member of the Australian Federal Police
    • we are required or permitted to do so by law, or we need to disclose the information to prevent a serious and imminent threat to life, health or property.

4.2 If you receive information about the identity of a discloser (whether directly or indirectly), you must keep that information confidential (except in the circumstances permitted above. If you do not keep that information confidential or you disclose information likely to lead to the person being identified as a discloser (except in the circumstances permitted above):

    •  if you are one of our employees – you will be subject to disciplinary action, which may include a formal written warning or termination of your employment;
    • if you are not one of our employees – we may terminate your engagement or appointment or take other appropriate corrective action; and
    • you may be exposed to criminal and civil penalties including substantial fines and/or jail.

5. How do we support and protect a discloser?

5.1 If you are one of our employees or officers, you are entitled to our support. We may engage external support services for persons making whistleblower complaints. We may explore options such as taking leave, relocation to another area of business or a secondment arrangement while the disclosure is being investigated.

5.2 If you are one of our employees, you will not be subject to disciplinary action for making a disclosure on reasonable grounds. You may however still be subject to disciplinary action for misconduct that is revealed as a result of your disclosure. We may take the disclosure into account when determining the nature of any disciplinary action taken against you.

5.3 If your disclosure is a protected disclosure as defined under the Whistleblower Protection Laws, these laws provide that:

    •  You cannot be subject to any civil, criminal or administrative liability, for making a protected disclosure;
    • No contractual or other remedy may be enforced and no contractual or other right may be exercised against you on the basis of the protected disclosure;
    •  You may be subject to civil, criminal or administrative liability for conduct that is revealed by the protected disclosure; and
    • If the protected disclosure is to ASIC, APRA or the Commissioner of Taxation, or is a public interest disclosure or emergency disclosure as permitted under the Corporations Act, the information is not admissible in evidence against you in criminal proceedings, or in proceedings for the imposition of a penalty, except for proceedings in respect of providing false information.

5.4 If you think your disclosure has not been dealt with sufficiently, or if you think your identity has been disclosed in breach of this Policy, you may raise the concern with the Company Secretary or Human Resources Manager if have not already done so or report this concern under this Policy.

6. How do we ensure fair treatment of employees mentioned in a disclosure?

6.1. Our usual practice is to ensure that any investigation process is confidential and fair. We will endeavour to:

    • maintain the privacy of employees who are mentioned in a disclosure or to whom a disclosure relates;
    • provide employees who are mentioned in a disclosure or to whom a disclosure relates, an opportunity to respond (where appropriate and subject to our requirements to maintain confidentiality)
    • offer counselling support

6.2. We are committed to protecting persons from being victimised in the workplace as a result of an actual or potential disclosure. These protections are essential to creating an environment where our employees, officers and others who work with us are comfortable reporting any improper conduct. However, for practical reasons, we may not be able to extend the full range of protections to persons who are not our officers or employees

7. Victimisation is prohibited

7.1. Victimisation is conduct that:

    • causes any detriment to another person; or
    • constitutes the making of a threat to cause detriment to another person, where the reason (of part of the reason) for that conduct is a belief or suspicion that the other person (or any other person) made, may have made, proposes to make, or could make a disclosure of improper conduct.

7.2. Examples of detrimental conduct prohibited under the law are:

    • dismissal of an employee
    • injury of an employee in their employment
    • alteration of an employee’s position or duties to his or her disadvantage
    • discrimination between an employee and other employees of the same employer
    • harassment or intimidation of a person
    • harm or injury to a person, including psychological harm
    • damage to a person’s property
    • damage to a person’s reputation
    • damage to a person’s business or financial position or any other damage to a person.

7.3. Examples of actions that are not detrimental conduct:

    • administrative action that is reasonable for the purpose of protecting a whistleblower from detriment (e.g. moving a whistleblower who has made a disclosure about their immediate work area to another work location to prevent them from detriment); and
    • managing a whistleblower’s unsatisfactory work performance, if the action is in line with Derwent’s performance management framework.

7.4 If you have been victimised for making a protected disclosure under the Whistleblower Protection Laws or in the belief that you have, or may make such a disclosure, possible remedies available under the Whistleblower Protection Laws (and enforceable by you through the courts) include reinstatement, compensation, an order prohibiting the victimisation or an apology. The victimiser can be ordered to pay substantial monetary fines or imprisoned. Protections for our employees also exist under the Fair Work Act. These are enforceable as a matter of statute and do not form part of this Policy.

8. Who Does This Policy Apply to?

8.1. This Policy applies to all current and former employees and other Eligible Whistleblowers as set out in this section.

8.2. An Eligible Whistleblower is an individual who has been any of the following in relation to Derwent:

    • directors, officers, or employees (e.g., current and former employees who are permanent, parttime,
      fixed term or temporary, interns, secondees and managers);
    • suppliers of services or goods to Derwent (whether paid or unpaid), including their employees (e.g., current and former contractors, consultants, service providers and business partners);
    • associates of Derwent;
    • relatives, dependants or spouses of current and former employees, contractors, consultants, service providers, suppliers, customers and other business participants.

9. What disclosable matters are protected?

9.1. Disclosable matters include the following types of improper conduct (which may not necessarily be unlawful) of Derwent (as an entity) and/or its current or former directors, managers and/or employees or contractors, provided you have reasonable grounds for your concern:

    • an offence against or in contravention of a provision of the Corporations Act, the Australian and Investments Commission Act or against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more;
    • illegal conduct, such as theft, dealing in, or use of illicit drugs, violence or threatened violence, and criminal damage against property;
    • fraud, money laundering or misappropriation of funds;
    • offering or accepting a bribe;
    • financial irregularities;
    • failure to comply with, or breach of, legal or regulatory requirements;
    • threatening to engage in detrimental conduct against a person who has made a disclosure or is believed or suspected to have made, or be planning to make, a disclosure;
    • conduct that could endanger public safety and/or the stability of or confidence in the financial system.

9.2. This Policy should not be used for complaints relating to personal work-related grievances, such as:

    • an interpersonal conflict between the discloser and another person;
    • a decision about the engagement, transfer or promotion of the discloser or any decision about the terms and conditions of engagement of the discloser or
    • a decision to suspend or terminate the engagement of the discloser, or otherwise to discipline the discloser.

9.3. Personal work-related grievances may still qualify for protection if:

    • it is a mixed report i.e. it includes information about misconduct, or information about misconduct includes or is accompanied by a personal work-related grievance
    • the entity has breached employment or other laws punishable by imprisonment for a period of 12 months or more, engaged in conduct that represents a danger to the public, or the disclosure relates to information that suggests misconduct beyond the discloser’s personal circumstances
    • the discloser suffers from or is threatened with detriment for making a disclosure
    • the discloser seeks legal advice or legal representation about the operation of the Whistleblower protections under the Corporations Act.

10. What are the Options to Report HR Matters and Personal Grievances?

10.1. While work related grievances are not usually considered as a protected disclosure under the Whistleblower Protection Laws, employees and business participants are able to raise these matters in accordance with Derwent’s policies, for example, Grievance Policy, No-Harassment, No Bullying Policy and Anti-Discrimination Policy.

10.2. Employees are encouraged to seek support from a member of the HR team or obtain independent legal advice (at their own cost) in the event that they face employment law issues.

11. How Will False Reporting Be Treated?

11.1. While all genuine reports concerning misconduct are encouraged, false reporting involving malicious or vexatious allegations where there are no reasonable grounds to suspect a wrongdoing are not acceptable.

11.2. False reporting may become the subject of disciplinary action.

12. How do I make a Disclosure about a Security Breach?

12.1. Disclosure of security breaches that might give rise to a risk to Derwent’s Defence Business Operations and/or National Security are afforded protection in accordance with Commonwealth Law and Derwent Security and Insider Threat policies.

12.2. Examples of Potential Security Breaches include:

    • staff holding a Designated Security Assessed Position (DSAP) who fail to comply with their security clearance obligations;
    • staff failing to comply with their obligations with respect to the management and/or movement of classified information including product, documents, and/or data;
    • suspicious, Ongoing, Unusual, or Persistent behaviour;
    • suspicions of staff being cultivated and/or recruited by criminals of foreign intelligence;
    • threats, plans and/or attempts to harm the company or its customers;
    • leaks or disclosures of confidential/classified information;
    • attempts, plans and/or actual physical or electronic sabotage of company information and resources;
    • unauthorised removal, destruction, or corruption of company product, assets and/or data;
    • providing unauthorised site and/or electronic access to third parties.

12.3 These types of Disclosures must be made to either: The Chief Security Officer (CSO), The Security Officer (SO) or an Assistant Security Officer (ASO).

13. How to make a disclosure?

13.1. In most situations, if you have a concern about something, we recommend you speak to your supervisor or manager, the Chief Financial Officer or Company Secretary before making a disclosure under this Policy. However, if you are not comfortable doing so, you fear victimisation or other adverse action, or you feel that the issue has not been resolved, you can make a disclosure under this Policy.

13.2. If you wish to make a disclosure about improper conduct pursuant to this Policy, we encourage you to report it to our designated whistleblower protection officer. They are authorised to receive disclosures and can also provide additional information about this Policy and the Whistleblower
Protection Laws.

13.3. Currently, the designated whistleblower protection officer is the Human Resource Manager. They can be contacted as follows:

    • Address written correspondence to Derwent Australia Pty Ltd 894 Taylors Road Victoria 3175. Ensure that the correspondence is double enveloped and clearly marked as Strictly Confidential – For The Attention of The Human Resources Manager
    • Send an email to the Company’s dedicated whistleblower email address: Whistleblower@mackayrubber.com.au making sure that the subject field contains words to the effect of “Disclosure of a Wrongdoing” or “Confidential Whistleblower Report”
    • Phone 1300 020 374 and ask to speak with the Human Resources Manager and state that you are calling concerning a confidential matter.

Note: Whistleblowers may wish to seek their own independent legal advice or representation (at their own cost) in relation to making a disclosure.

14. Can I report my concern externally?

14.1. This Policy is intended to facilitate internal disclosures of improper conduct as defined in this policy.

14.2. In addition to being reportable under this Policy, disclosures about protected matters (as defined in the Whistleblower Protection Laws) can be reported directly to an external regulatory body including ASIC or APRA or the Commissioner of Taxation (for a protected disclosure under the Taxation Administration Act).

14.3. The Corporations Act enables you to make a public interest disclosure or an emergency disclosure about a protected matter to a journalist or a member of parliament in certain limited circumstances. It is important for the discloser to understand the criteria for making a public interest or emergency disclosure before doing so. Before doing so, a disclosure must have previously been made to ASIC, APRA or a prescribed body and written notice provided to the body to which the disclosure was made. In addition, in the case of a public interest disclosure, at least 90 days must have passed since the previous disclosure.

14.4. Before reporting any concern externally, we recommend you contact our Company Secretary or Human Resource Manager who can discuss the available options with you. We also recommend you seek independent legal advice (at your own cost) before reporting any concern externally. A disclosure to legal practitioners for the purpose of obtaining legal advice or legal representation in relation to the operation of the Whistleblower Protection Laws is a protected disclosure.

14.5. Nothing in this Policy is intended to prevent any person from reporting possible breaches of laws to relevant government agencies or authorities.

15. How will Derwent manage and investigate disclosures?

15.1. The objective of an investigation is to determine whether there is evidence which substantiates the concern raised in the disclosure.

15.2. Derwent will assess each disclosure to determine whether it qualifies for protection and whether a formal in-depth investigation is required.

15.3. The investigation team will be coordinated by the Human Resource Manager. In some cases, we may appoint external investigators such as lawyers or forensic accountants.

15.4. While timeframes with respect to the investigation process may vary depending on the nature of the disclosure, Derwent will investigate a disclosure as soon as practicable after the disclosure has been received. As a guide, Derwent aims to acknowledge the disclosure within 5 business days of receiving it and if an investigation is considered appropriate commence that process within 10 business days after first receiving the disclosure.

15.5. If the discloser can be contacted, the Human Resource Manager or recipient of the discloser will discuss the likely steps of the investigation with the discloser (including whether the discloser consents to their identity being disclosed) and provide the discloser with updates from time to time (where appropriate).

15.6. Derwent will implement measures to protect the confidentiality of a discloser’s identity. These measures may include:

    •  redacting all personal information or reference to the Discloser witnessing an event;
    • referring to the discloser in a gender-neutral context.
    • where possible, discussing with the discloser to help identify any aspects of their disclosure that may inadvertently identify them;
    • ensuring that disclosures are handled and investigated by qualified staff;
    • storing information (paper and electronic) securely and limiting access to it;
    • limiting the identity of a discloser to only a restricted number of people who are directly involved in handling and investigating the matter;
    •  reminding each person who is involved in handling and investigating a disclosure about the confidentiality requirements, including that an unauthorised disclosure of a discloser’s identity may be a criminal offence.

15.7  The outcome of any investigation will be reported on a confidential basis to the CEO and/or the Board of Directors and, where possible, to the discloser.

16. Document Control

No Harassment Policy DIHRP003

Derwent Industries Pty. Ltd. (Derwent/The Company/The Group) is committed to providing all employees across The Group a healthy and safe work environment that is free from harassment. Derwent expects all employees to behave in a professional manner and to treat each other with dignity and respect at work.

Workplace Harassment can be catogorised as Physical Harassment, Psychological Harassment, Verbal Harassment or Sexual Harassment.

Physical Harassment can include threats or attacks made towards an employee during their employment, Psychological Harassment can include bullying, sexual harassment, or gas lighting.

Verbal Harassment constitutes communication that may cause a reasonable person to be offended, humiliated, or intimidated e.g., abuse and threatening, or sexual language.

The Fair work Act 2009 (Cth), as amended in November 2021 makes it clear that Sexual harassment is a valid reason for dismissal and defines Sexual Harassment as:
One person sexually harasses another person if:

  • They make an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
  • they engage in other unwelcome conduct of a sexual nature in relation to the person harassed, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.

Unlawful sexual harassment includes, but is not limited to:

  • pressure or demands for dates or sexual favours;
  • unnecessary familiarity – for example: unwelcome flirty language, deliberately brushing against a person or constantly leering or staring at a person;
  • unwanted physical contact – for example, touching or fondling;
  • sexual jokes or innuendo;
  • offensive telephone calls;
  • offensive sexual gestures;
  • unwelcome comments or questions about a person’s sex life;
  • display or circulation of sexual material; or
  • sexual assault

Harassment using technology includes but is not limited to: indecent phone calls, including someone leaving a sexually explicit message on voicemail

  • sexually explicit emails, text messages, social media messages;
  •  repeated or inappropriate advances on email, social networking websites or internet chat rooms; or
  • sharing or threatening to share intimate images or film of a person without consent.

Such behaviour does not have to be directed at a specific person. Sexual harassment includes behaviour that makes the working environment uncomfortable or threatening in a sexually hostile way, for example condoning a culture of inappropriate behavior, suggestive comments or jokes.

Sexual harassment may involve a series of incidents, or it may be a one-off incident. It is not sexual harassment to develop consensual sexual relationships with people at work.

Workplace Harassment can also breach discrimination and criminal laws.
For example, the Racial and Religious Tolerance Act 2001 makes it an offence to harass an individual or group because of their ethnic origin, colour, race, religion or nationality.

Note: Legitimate performance management by a manager or supervisor or a lawful and reasonable request or direction by a co-worker or manager does not constitute harassment.

Anyone who experiences or witnesses harassment should report it to their manager or the Human Resources department, as soon as possible.

Do not turn a blind eye.
If you notice harassment, and you feel comfortable and it’s safe to do so intervene immediately then report the event to HR without delay.

If an event involving harassment is reported, the incident will be investigated in a fair, timely and confidential manner in accordance with Derwent’s Grievance Procedure. While all genuine reports concerning misconduct are encouraged, false reporting involving malicious or vexatious allegations where there are no reasonable grounds to suspect a wrongdoing are not acceptable and may lead to disciplinary action.

Harassment of any form is not tolerated at Derwent.

This zero-tolerance policy applies to the workplace, while traveling on company business or being at any other place where Derwent business is being carried on including company social functions. Other social functions where Derwent staff are gathering may also be captured by this policy.

Employees found to have breached this policy will be subject to disciplinary action which may result in termination of employment.

All managers and employees have a responsibility to comply with this policy, lead by example and to treat everyone who works at or participates in business with Derwent with dignity and respect.

This policy applies to all Directors, Officers and Employees, across the Derwent Industries Group of Companies and all Contractors, Subcontractors and staff engaged through agencies.

No Bullying Policy DIHRP002

Derwent Industries Pty. Ltd. (Derwent/The Company/The Group) is committed to providing all employees across the Group a healthy and safe work environment that is free from bullying. Derwent expects all employees to behave in a professional manner and to treat each other with dignity and respect when they are at work.

The Fair Work Act 2009 specifies that bullying occurs when two criteria are met.

A person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work AND the behaviour creates a risk to health and safety.

Examples of repeated unreasonable behaviour that may be regarded as bullying includes:

  • Aggressive or intimidating conduct
  • Belittling or humiliating comments
  • Spreading hurtful or malicious rumours
  • Hurtful, damaging gossip or gossip that serves to perpetuate conflict or negativity
  • Excluding someone from work related events
  • Giving someone the majority of unpleasant tasks
  • Verbal abuse
  • Physical threats or actions
  •  Humiliating someone
  • Teasing pranks and practical jokes

 

This is not an exhaustive list. Please speak to HR for additional examples or clarification.

Unreasonable behaviour may be carried out in any way whatsoever. For example, face to face, by phone, in writing (including texts and emails) or online (e.g. using social media).

This is not an exhaustive list. For more examples, please refer to HR.

Note: Legitimate performance management by a manager or supervisor or lawful and reasonable requests or directions by a co-worker or manager does not constitute bullying.

Anyone who experiences, or witnesses bullying should report it to a manager or the Human Resources department, as soon as possible. When bullying is reported, it will be investigated in a fair, timely and confidential manner in accordance with Derwent’s Grievance Procedure.

While all genuine reports concerning misconduct are encouraged, false reporting involving malicious or vexatious allegations where there are no reasonable grounds to suspect a bullying event are not acceptable and may lead to disciplinary action.

Bullying of Derwent staff and/or its customers, suppliers and service providers is not tolerated. If any form of bullying is noticed, staff must (if it’s safe to do so and they feel comfortable) intervene immediately and report the matter without delay to HR.

This zero-tolerance policy applies to the physical Derwent workplace, while traveling on company business or being at any other place where Derwent business is being carried out including company social functions. Other social functions where Derwent staff are gathering may also be captured by this policy.

Employees found to have breached this policy will be subject to disciplinary action which may result in termination of employment.

All managers and employees have a responsibility to comply with this policy, lead by example, and treat everyone who works at or participates in business with Derwent with dignity and respect.

This policy applies to all Directors, Officers, and Employees, across the Derwent Industries Group of Companies and all Contractors, Subcontractors and staff engaged through agencies.