INTRODUCTION
The Company expects that staff members and contractors conduct themselves professionally, fairly and with integrity in all business dealings and relationships wherever the Company operates. Accordingly, the Company is committed to maintaining an organisational culture in which effective fraud, bribery and corrupt conduct prevention is an integral part of all Company activities and a core management capability. This is consistent with the Company’s Code of Conduct.
This Policy represents the commitment of the Company to effective fraud, bribery and corrupt conduct risk management and prevention.
It requires the cooperation and involvement of all staff members in preventing, detecting and responding to all instances of fraud, bribery and corrupt conduct against the Company, whether by staff members or persons external to the Company.
The Company will support staff members who come forward to report conduct which does not meet the standards required by the Company. Reports of wrongdoing will be taken seriously and addressed in accordance with the requirements of the Company’s governing documents and the law.
INTENT
The intent of this policy is to provide the framework to prevent fraud, bribery and corrupt conduct in the performance of the Company’s activities, while ensuring compliance with all applicable fraud, anti-bribery and corruption regulations.
Having in place good audit systems, active risk management strategies and detailing the obligations and responsibilities of staff members and contractors will ensure that the Company’s business is conducted in an honest, ethical and socially responsible manner.
RELEVANT DEFINITIONS
In the context of this document:
Bribery means the offering, promising, giving, accepting or soliciting of an advantage as an inducement for action which is illegal or a breach of trust. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage;
Corrupt conduct means, in the context of this document, dishonest activity in which an employee or contractor of the Company acts contrary to the interests of the Company and abuses his/her position of trust in order to achieve some personal gain or advantage for him or herself or for another person or entity. It may also involve conduct by the Company, or a person purporting to act on behalf of and in the interests of the Company, in order to secure some form of improper advantage for the Company either directly or indirectly.
Corrupt conduct may include:
- The improper use of knowledge, power or position for personal gain or the advantage of others;
- Acting dishonestly or unfairly, or breaching public trust;
- Unjustifiable manipulation of the procurement process by favouring one tenderer over others or selectively providing information to some tenderers. This frequently involves allowing tenderers to resubmit a ‘non-complying’ tender after being provided with the details of other bids;
- Preferentially selecting individual suppliers;
- Knowingly not selecting the most appropriate applicant;
- Giving preference for the taking of leave by individuals to the detriment of others due to personal association;
- Not applying the same rules equally to all employees because of personal association, for example, failure to address issues of late attendance, non-performance;
- Preferentially rostering staff members to the advantage of particular individuals due to personal association with those persons;
- Allocation of overtime regularly to particular individuals to the disadvantage of other persons equally entitled and equally efficient;
- Assessment and/or inappropriate recommendation of particular individuals over others because of personal associations, for such things as training courses, attending conferences, job or advancement opportunities;
- Manipulating/coercing selection panels to select or not select a particular applicant where it is demonstrable they do not meet selection criteria;
- Serious nepotism and cronyism where the appointee is inadequately qualified to perform the role to which he or she has been appointed; and
- A member of the public influencing a staff member to use their position in a way that is dishonest, biased or breaches public trust.
- Entity means, according to the Australian Standard on Fraud and Corruption Control, AS8001-2008 “a corporation, government agency, not-for-profit organisation or other entity engaged in business activity or transacting with other entities in a business-like setting”;
Evidence means, according to the Australian Standard on Fraud and Corruption Control, AS8001-2008, “oral testimony either given in legal proceedings or which a witness indicates he or she is prepared to give under oath or affirmation in legal proceedings and documents of any description than can legally be admitted as evidence in a Court of Law”;
Fraud means, according to the Australian Standard on Fraud and Corruption, AS8001-2008:
Dishonest activity causing actual or potential financial loss to any person or entity including theft of moneys or other property by employees or persons external to the entity and whether or not deception is used at that time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for a normal business purpose or the improper use of information or position for personal financial benefit.”
The theft of property belonging to the Company by employees or contractors where deception is not used is also considered ‘fraud’.
- Fraudulent activity may include dishonest conduct such as:
- Accepting bribes;
- Falsification and manipulation of commercial material;
- Theft and unauthorised use of intellectual property;
- Taking inducements, including donations or sponsorships, or award a contract for the provision of goods or services;
- Making or using forged or falsified documents or signatures;
- Manipulation of leave and other entitlements;
- Manipulation of financial transactions;
- False documentation in support of invoices;
- Misuse of credit card;
- Theft of Company revenue in the form of cash, cheques, money order or other negotiable instrument;
- Manipulation of travel and other expense claims;
- Falsification of financial statements;
- Theft and abuse of Company staff members time and property, for example operation of a private business using Company facilities and time, whether for profit or not-for-profit;
- Theft of plant and equipment;
- Inappropriate disposal of Company assets in contravention of the Company’s fixed asset policy;
- Misuse of one’s position to gain an unfair or unjust advantage;
- Unauthorised or unlawful alteration of personal information;
- Unresolved conflicts of interest that disadvantage the Company;
- Release or use of misleading or inaccurate information for the purposes of deceiving, misleading or to hide wrongdoing;
- Misappropriation, or the unauthorised or unlawful destruction of data; and
- Failing to provide information where there is a legal obligation to do so.
Investigation means a search for evidence connecting or tending to connect a person with conduct that infringes the criminal law or the policies, procedures, codes and guidelines by the Company;
Maladministration means conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper motives;
Secret commission means, according to the Australian Standard on Fraud and Corruption Control, AS8001-2008, a payment in money or in kind which will or is intended to cause a person to act in a way that is contrary to the interests of the Company, is contrary to this policy on a given issue or is against the public interest. Secret commissions, by definition, will typically be paid without the knowledge or express or implicit agreement of the Company and include payments intended to influence the outcome of a specific action or event as well as the actions generally over a period of time;
Senior Executive means a Company staff member holding the Chief Operating Officer, Chief Financial Officer, or Deputy Chief Operating Officer of the Company;
Senior Manager means a Company staff member holding the position of Director;
Serious means, according to the Australian Standard on Fraud and Corruption Control, AS8001-2008, in the context of a risk or event, likely to have more than an immaterial impact on the Company, if it occurred, with the potential to threaten the business’ economic viability in the short, medium or long term or to have a noticeable impact on the Company’s business reputation”;
Staff member means anyone engaged by or associated with the Company and includes all permanent, casual, or contracted staff (whether full-time or part-time), or those holding Company offices or who are a member of a Company committee; and
Theft means inappropriate disposal of a Company asset with the intent to deprive the Company of it permanently.
POLICY
The Company is committed to maintaining an environment in which fraud, bribery and corrupt conduct is not tolerated. The Company has a zero tolerance to fraud, bribery and corrupt conduct.
The Company will take steps to ensure that staff members and subcontractors know of their obligations in relation to fraud, bribery and corrupt conduct, including identification and reporting of suspected fraud, bribery and corrupt conduct.
If the Company becomes aware of allegations of fraud, bribery or corrupt conduct, will investigate the allegations. The level of enquiry will depend on the seriousness of the issue. Accordingly, the Company will take appropriate disciplinary action which may include termination of employment or non-renewal of an appointment or contract.
This policy will be implemented in a way that ensures:
- Compliance with relevant legislative requirements, standards and prevailing community standards of best practice;
- Compliance with the Company Quality Policy;
- There is adequate training and available information on fraud, bribery and corrupt conduct detection and prevention;
- The investigation procedure is fair to both the person suspected of fraud, bribery or corrupt conduct and the person or people who suspect fraud, bribery or corrupt conduct has occurred; and
Possible Areas of Potential Fraud, Bribery and Corruption
Fraud, bribery and corruption can potentially occur in different areas of the Company. Some examples of conduct which could constitute fraud, bribery, corrupt conduct, maladministration or serious and substantial waste of public money are included below.
This is not an exhaustive list and examples are not mutually exclusive to a particular area.
Area |
Example
|
Misuse of Company assets
|
- Use of Company funds or resources for personal use
- Unauthorised sale of Company assets for personal gain
|
Travel
|
- Luxurious, indulgent or excessive expenditure
- Inflated and/or falsified expense claims
|
IT assets and security
|
- Misappropriation or the unauthorised or unlawful destruction of data
- Unauthorised or unlawful alteration of data
- Sharing of usernames and passwords
|
Regulatory compliance
|
- Providing false or misleading information
- Failing to provide information where there is a legal obligation to do so
|
Personnel records/confidential information/ privacy
|
- Use or disclosure of personal information for an improper purpose
- Unauthorised or unlawful alteration of personal information
|
Salaries, wages, allowances
|
- Payments to phantom employees
- Payment to an employee for tasks not performed
- Payment to an employee for skills they do not have
|
Contract management
|
- Accepting bribes and/or kickbacks from suppliers
- Negligent or deliberate mismanagement of contracts which may include non-compliance with contract schedules or rates, misrepresentation of dates, description of services or identities of contract providers
- Incorrect charging for labour and material, misuse of assets or product substitution (substituting a product for one of lesser quality)
|
Tendering
|
- Failure to comply with tender procedures
- Manipulating a tender process to achieve a desired outcome
- Unauthorised or improper release of pricing or other tendering information
- Accepting or conferring gifts and benefits contrary to the Company’s Gifts and Benefits Procedure
|
Cheques, credit cards,
EFTPOS
|
- Making or using forged or falsified documents or signatures
- Purchases and accounts payable
- Failure to comply with tender procedures
- Entering into a commercial transaction where there is a conflict of interest (without complying with the Conflicts of Interest Policy)
- Invoice and purchase order splitting to circumvent procedures or delegation levels
- False documentation in support of invoices
- Creation and payments made to ghost suppliers
|
Conflicts of interest
|
- Failing to disclose an actual, perceived or potential conflict of interest contrary to the Company’s Conflict of Interest Policy
- Failing to actively manage a disclosed conflict of interest
- Allowing a conflict of interest to undermine your independence
- Receiving a personal benefit for assisting a person or entity to gain work or business at the Company
- Appointing a person to a position due to personal relationships or motives other than merit
- Breach of intellectual property
|
High risk areas and activities:
Staff members working in these areas or performing these activities should use particular caution:
- Procurement of goods and services;
- Recruitment;
- Capital works projects, real estate management and maintenance;
- IT system access, data management and contracting for IT supplies and services;
- Financial and accounting activities;
- Paid external work;
- Tendering management;
- Intellectual property management;
- Payroll;
- Management of external suppliers and service providers.
Specific responsibilities and authorities
Senior Executives and Senior Managers are responsible for ensuring compliance with the Fraud, Bribery and Corrupt Conduct Prevention Policy in local level activities.
All staff members must be committed to prevention, detection and reporting of fraud, bribery and corrupt conduct throughout the Company:
- All staff members are required to avoid any activity that may lead to, or suggest, a breach of this policy; and
- Staff members must notify the relevant Manager or the Director, Strategic Services and Governance as soon as possible if a conflict with or breach of this policy has occurred, or may occur in the future.
Reports of incidents of fraud and corrupt conduct can arise from within the Company.
Any staff member who breaches this Policy will be investigated and face disciplinary action, which could result in dismissal for serious misconduct.
Where evidence of fraud, bribery or corrupt conduct is found to be of a serious nature and a prima facie case has been established, and on advice from the company.