ECH is committed to promoting a culture where integrity, honesty and ethical conduct is part of everyday behaviour. The purpose of this policy is to:
While ECH encourages reports to be made under this policy, it is not intended to prevent a person from making a protected disclosure to a relevant regulator in keeping with any relevant legislation. For example, protected disclosures can be made to the Aged Care Quality and Safety Commission or if related to taxation, the Australian Taxation Office.
This policy applies to any individual with relevant information including anyone who is or has been an ECH:
This policy does not apply to a personal, work-related grievance about any matter about the discloser’s employment, former employment or that has personal implications including harassment, disciplinary matters, alleged workplace discrimination or bullying, interpersonal conflicts between staff, decisions about engagement, transfer or promotion of staff or terms and conditions of employment. The ECH Grievance Resolution Procedure applies to these matters.
A personal workplace grievance may still qualify for protection under this policy if it also includes items that are Reportable Conduct or if the discloser suffers detriment or is threatened with detriment for make a report.
This policy is not intended to replace normal communications to address questions, suggestions, concerns or complaints.
ECH clients and their families who have concerns or wish to provide feedback about their care and services are encouraged to speak to their Care Partner or Resident Liaison Officer or to use the Feedback Form on ECH’s website.
ECH staff are encouraged to raise concerns with immediate supervisors who are most likely in the best position to respond. Serious matters or unresolved concerns should be escalated through management channels.
Reports made to supervisors or management will not attract whistleblower protections unless that person is a Whistleblower Protection Officer (WPO) or Eligible Recipient.
| Term | Definition |
| Reportable Conduct | Any conduct by any director, employee, volunteer or contractor relevant to ECH’s operations which the Whistleblower suspects on reasonable grounds is: – dishonest, corrupt or unethical – fraudulent including money laundering, misappropriation of funds, offering or accepting a bribe, financial irregularities – a systemic, wilful or serious breach of any laws applying to ECH, or its internal policies or processes including not following or a breach of the aged care law – illegal including theft, illicit drug sale or use, violence or threatened violence and criminal property damage or a breach of any law – an unsafe work practice – improper including substantial mismanagement of ECH’s resources or involves substantial risk to public health or safety or to the environment and is sufficiently serious that if proved would result in a criminal offence or reasonable grounds for dismissing an employee – corrupt conduct, such as acting contrary to ECH’s interests, abusing a position of trust for personal gain or advantage for self or another – causes detriment or victimises someone for making or planning to make a report – an instruction to cover up or attempt to cover up serious wrongdoing – conduct interfering with internal or external audit processes – Presents a serious risk to the reputation or financial wellbeing of ECH |
| Detriment or Detrimental Conduct | Includes (without limitation) and even if done unintentionally: – action causing injury, harm, loss or damage (including psychological harm) – damage to a person’s property, reputation, business or financial position or any other damage to a person including current or future bias – intimidation, bullying or harassment – discrimination or other adverse treatment about the Whistleblower’s employment, career, profession, trade or business including dismissal, demotion or other disciplinary action – threatening to cause detriment or inciting others to subject the Whistleblower to any detriment. |
| Disclosable Conduct or Disclosable Matter | Is Conduct that: – is misconduct, dishonest or improper in relation to ECH as a corporate body or its tax affairs – obstructs or interferes with legal process – contravenes or is an offence against certain Commonwealth or state laws or an offence against a Commonwealth law that is punishable by imprisonment for 12 months or more – results in waste of any public money or money held by the Commonwealth / a corporate Commonwealth entity – represents danger, to the public, financial systems or the environment and reporting to Eligible Recipients or regulators may qualify the Whistleblower for protection under the Corporations Act 2001 as a ‘protected disclosure’ even if anonymous or incorrect, in addition to protection under this policy. |
| Eligible Recipient | An Eligible Recipient is responsible for hearing reports of Disclosable Conduct, maintaining confidentiality of the Whistleblower’s report. Eligible Recipients include: – Whistleblower Protection Officers – Chief Executive and Executives – An auditor or member of an audit team conducting an audit of ECH – An actuary – The Australian Securities and Investments Commission (ASIC) or Australian Prudential Regulation Authority (APRA) – A legal practitioner for the purpose of obtaining legal advice or representation about the disclosure even if that person concludes the disclosure is not a Disclosable Matter – Any prescribed Commonwealth authority, regulator or agency. |
| Responsible Person | A person who: – is a Board member – is responsible for executive decisions at ECH (Chief Executive and Executive Team members) – has authority or responsibility for (or significant influence over) planning, directing or controlling the activities of ECH delivered under the Aged Care Act 2024. |
| Whistleblower Protection Officer | The role responsible for receiving and assessing reports about Reportable Conduct or appointing an investigator, liaising with the Whistleblower and protecting and safeguarding their interests and ensuring the integrity of whistleblower reporting. |
| Whistleblower | An individual with relevant information who makes, attempts to, or wants to make a report of Reportable Conduct or Disclosable Conduct and claim protection under this policy. |
If making a report, provide as much information as possible including details of the Reportable or Disclosable Conduct including:
4.1. Reporting to ECH
You may report any Reportable or Disclosable Conduct to:
Reports can be made by post to:
ECH Inc
Confidential
Whistleblower Protection Officer
174 Greenhill Road
Parkside, SA 5063
4.2. Reports about Aged Care law
If your concerns are specifically about ECH breaching the aged care law, you can make a report internally to an ECH Responsible Person in person, by phone or in writing.
You can also make a report orally or in writing to:
A Whistleblower who discloses information that qualifies for protection under the Aged Care Act 2024 may elect to have the disclosure managed as a complaint or feedback under ECH’s complaints and feedback management system and ECH will manage the disclosure consistent with that system.
4.3 Anonymity
You can choose to remain anonymous when making a report. However, this may impact ECH’s ability to properly investigate the matters reported.
4.4. Reporting to Regulators
You may also make a disclosure to the Australian Charities and Not for Profits Commission (ACNC) or regulators who are Eligible Recipients in relation to Disclosable Conduct including the ASIC and APRA. However, it is important to remember that the ACNC is not an Eligible Recipient and there are no specific protections under the ACNC legislation. If reporting to the ACNC, you must have reported your concerns first to an Eligible Recipient to attract the protections outlined in this Policy.
4.5. Public Interest and Emergency Disclosure
In limited circumstances, a public interest or emergency disclosure can be made to a Member of Parliament or professional journalist. Certain steps must be taken before a report can be made to one of these people. If you are considering making a public interest or emergency report it is recommended that you obtain legal advice first.
All information received from you will be treated confidentially and sensitively.
If you make a disclosure under this policy, your identity (or any information which would be likely to identify you) will only be shared if:
Any breach of confidentiality by an ECH employee that is likely to lead to the Whistleblower being identified (except in the permitted circumstances above) will be subject to disciplinary action. This applies whether the information was received directly or indirectly.
You will not be subject to any civil, criminal or administrative legal action (including disciplinary action) for making a protected disclosure under Whistleblower Protection Laws, however you may be subject to civil, criminal or administrative liability for conduct revealed by the disclosure.
If a disclosure is made to the ASIC or the Commissioner for Taxation, the information may not be admissible as evidence against the Whistleblower in any criminal proceedings or proceedings imposing a penalty, other than for proceedings in respect of providing false information.
ECH (or any person engaged by ECH) must not engage in ‘Detrimental Conduct’ against you if you have made a disclosure under this Policy.
ECH will take all reasonable steps to protect you from Detrimental Conduct. Any person who engages in Detrimental Conduct against you will be subject to disciplinary action.
ECH also strictly prohibits all forms of Detrimental Conduct against any person involved in a Whistleblower investigation in response to their involvement in that investigation.
If you believe on reasonable grounds that you have been subjected to Detrimental Conduct as a result of making a disclosure under this Policy or participating in an investigation, you should inform a Whistleblower Protection Officer who will investigate or arrange an investigation into the matter.
If Whistleblower Protection Laws apply you may be entitled to remedies including compensation, civil penalties, reinstatement an order prohibiting victimisation or an apology if you have been subject to any Detrimental Conduct.
ECH employees will not be subject to disciplinary action for making a disclosure of Reportable Conduct. They may be subject to disciplinary action for misconduct revealed as a result of investigating the disclosure, however ECH may take the disclosure into account when determining the appropriate disciplinary action. Disciplinary actions may include suspension or termination.
If information provided as a Whistleblower report is:
Whistleblower protections will not apply. Disciplinary action may be taken against individuals vexatious, malicious or knowingly false reports, up to and including termination of employment.
Whistleblowers are entitled to support through the Whistleblower Protection Officer and may explore options including taking leave or relocating or secondment to another area of the business while the report is being investigated.
If you make a Whistleblower report or you are implicated because of a report, you can access ECH’s Employee Assistance Program (EAP) which is a free and confidential counselling service.
You may also access third party support providers such as Lifeline (13 11 14) and Beyond Blue (1300 22 4636) for support.
All reports are taken seriously and will be dealt with objectively, confidentially, discreetly and promptly.
Whistleblowing does not guarantee that reports will be formally investigated, all reports will be properly assessed and ECH will consider if an investigation should proceed.
If conducted, the Whistleblower Protection Officer will conduct the investigation or if necessary, appoint an independent internal or external investigator and investigations may be overseen by other officers if there is no conflict of interest. All reasonable efforts will be made to preserve confidentiality during the investigation and will proceed independent from anyone the disclosure relates to and conducted consistent with natural justice.
If the report is not anonymous, the Whistleblower Protection Officer or investigator may contact you to discuss the process and any other relevant matters. If contacted, you must cooperate fully.
If you have chosen to remain anonymous, ECH will assess reports and conduct any investigation that proceeds based on the information provided.
If possible, the Whistleblower Protection Officer will provide you with feedback on the progress and expected timeframes of the investigation. The person(s) the subject of any allegations may be informed of the concerns and provided with an opportunity to respond if appropriate.
To the extent permitted by law, the Whistleblower Protection Officer may inform you and/or the person(s)the subject of the allegations about the findings. Investigation reports will remain the confidential property of ECH and will not be shared with you or any person(s) the subject of the allegations.
At ECH, we offer all of our group programs as Personal Training sessions. These are a one-on-one format, so you can enjoy personalised support at your own pace.
Firstly, meet with an Exercise Physiologist to assess your needs and establish your goals, and they will work with you to develop a personalised Exercise Program. Depending on your needs, you can then enjoy one to one sessions with a qualified Fitness Leader, under the guidance of an Allied Health Professional such as Exercise Physiologist or Physiotherapist.
Your plan will be reviewed on a regular basis to ensure it always meets your needs.
No matter your age, ECH Fitness and Therapeutic Exercise services are available to you on a self-funded basis.
If you are 65 or over, you may qualify for the Support at Home program and you may be able to use some of this funding to access ECH Fitness services.
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