1 Purpose 

Sealink is committed to the protection of individuals who report in good faith instances or allegations of illegal or unacceptable behaviour occurring within Sealink. This Whistleblower Policy and Procedure ("Policy & Procedure") describes how that commitment is implemented. This Policy & Procedure is an integral part of Sealinks compliance program and in particular supports the operation and enforcement of its Code of Conduct. Its aim is to encourage the reporting of matters that may cause financial or non-financial loss to Sealink or damage its reputation. This Policy & Procedure is intended to satisfy whistleblower needs in all countries in which Sealink operates, and is based on AS 8004:2003: Whistleblower Protection Programs for Entities, issued by Standards Australia. 

Sealink recognises that the existence of an effective Whistleblower Policy & Procedure is a strong indicator that Sealink is committed to maintaining a high standard of legal and ethical business behaviour at all times. Sealink also believes that such a Policy & Procedure is important in enabling stakeholders to feel that their concerns are being properly considered by Sealink and that employees are not being penalised or suffer adverse action for fulfilling their obligation to ensure that Sealink conduct remains legal, upholds its values and ethics and meets its policies on compliance. 

This Policy & Procedure covers the processes for dealing with reports made by Sealink employees and officers of suspected improper conduct within Sealink and its related bodies corporate ("Sealink Group") in a confidential and secure manner at all times. It also addresses the protection of individuals making those reports. 

2 Scope 

Sealink is committed to making this Policy & Procedure available for activities of concern held by the following:

• all employees and Directors of Sealink, whether full-time, part-time or casual, at any level of seniority and wherever employed;
• employees or principals of organisations which have a commercial relationships with Sealink as customers, suppliers, advisers, agents or otherwise;
• consumers or resellers of Sealink products or services; or
• members of the communities in which we operate.

Employees are reminded that the terms of their employment includes an obligation to ensure that they behave ethically and act in accordance with the law and Sealink policies and procedures including the Code of Conduct at all times. 

3 Definitions

3.1 Whistleblowing 

For the purpose of this Policy & Procedure, Whistleblowing is defined as:

"...the deliberate, voluntary disclosure of individual or organisational malpractice by a person who has or had privileged access to data, events or information about an actual, suspected or anticipated wrongdoing within or by an organisation that is within its ability to control." 

3.2 Whistleblower (or “Discloser”)

For the purpose of this Policy & Procedure, a Whistleblower or Discloser is defined as:

"...any person whether an employee, director, related officer or contractor or any member of the Sealink Group of companies, who whether anonymously or not makes or attempts to make a disclosure of Improper Conduct..."  

3.3 Improper Conduct

For the purpose of this Policy & Procedure, Improper Conduct is defined as:

• corrupt, fraudulent or other illegal conduct or activity;
• conduct that is contrary to, or a breach of, Sealinks Codes and Policies;
• a substantial mismanagement of Sealinks resources;
• conduct involving substantial risk to public health or safety; or
• conduct involving substantial risk to the environment;

that would, if proven, constitute by Sealink or its employee/s:

• a criminal offense;
• reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of a Sealink employee/s who was, or is, engaged in that conduct; or
• reasonable grounds for disciplinary action. 

Disclosures of Improper Conduct or Adverse Action by any person should be made to the Disclosure Coordinator (“Disclosure Coordinators”) in the first instance:

Sealink​ Chief Executive Officer and Managing Director (Jeff Ellison)

431-439 King William Street
Adelaide SA 5000

Ph: +61 8 8202 8668

Mob: 0407 407 123

Email: [email protected]

SeaLink in house legal council (Paul Blewitt)

431-439 King William Street
Adelaide SA 5000

Ph: +61 8  8202 8682

Mob:0401 142 402

Email: paul.blewett @sealink.com.au

The Disclosure Coordinators’ role is to receive any disclosures of Improper Conduct and to coordinate any subsequent investigations into such disclosures.

The role of the Disclosure Officers is to protect employees (and others) who have made, in good faith, a disclosure of Improper Conduct and to ensure such persons are not the victim of any Adverse Action.

All correspondence, phone calls and emails from internal or external Disclosures will be referred to the Disclosure Coordinators in the first instance. 

3.4 Adverse Action

For the purpose of this Policy & Procedure, Adverse Action means any actual, or threatened, dismissal, demotion, harassment, discrimination or victimization of, or any other action or conduct that causes detriment or threatens to cause detriment to, a Sealink employee as a result of that Sealink employee making a Protected Disclosure.

3.5 Protected Disclosure (“Disclosure”)

For the purpose of this Policy & Procedure, a Protected Disclosure is defined as:

"...any good faith communication based on reasonable grounds that discloses or demonstrates an intention to disclose information that may evidence an improper conduct." 

3.6 Sealink​ Directors and Employees

Sealink employees are encouraged, and have the responsibility, to report any known or suspected instances of Improper Conduct by making a Protected Disclosure in accordance with this Policy & Procedure.

A Sealink employee, should in the normal course, first report such matters to his or her manager. However, if he or she has a concern with this course of action, (for example he or she reasonably believes that the manager is involved in the Improper Conduct), the report should be made to either of the Disclosure Coordinators. 

The exception to this process is a complaint regarding any Director including the Managing Director, and the Disclosure Coordinators regarding persons who have a close association with any of those individuals. Complaints regarding any Director or an associate should be made to the Chief Executive Officer (CEO) who will determine the most appropriate course of action to investigate the complaint, which may include the appointment of external resources. 

If a Disclosure Coordinator judges the Protected Disclosure to be of significance, the Disclosure Coordinator must convene a committee to investigate that Disclosure. The committee will comprise the Disclosure Coordinator and the following officers from Sealink Executive, namely the Directors, Group Area Manager(s) of the relevant business unit, and in house Legal Counsel. If the Protected Disclosure is an allegation made against a member of this committee, the committee member shall not be involved in the committee or the investigation. The committee’s investigations shall be kept confidential but conducted in accordance with the laws of procedural fairness. 

3.7 Confidentiality

All Disclosures will be treated as confidential. Sealink will not disclose:

a) Any information provided by a Discloser; or

b) The Discloser’s identity , or any information that could lead to a Discloser’s identity being revealed,

without the consent of the Discloser (unless Sealink is obliged or permitted to disclose that information by law or where there is a real risk of damage, injury, loss or a safety concern arises in connection with the health or wellbeing of any person). 

3.8 Managing the Welfare of the Discloser

Commitment to protecting Disclosures​

Sealink is committed to the protection of Disclosures against any Adverse Action taken in reprisal for the making of a Protected Disclosure. If the individual making the Protected Disclosure believes such action has been taken against them, then they should report the matter to a Disclosure Coordinator. Protection is also provided to whistle blowers under relevant laws in certain circumstances.

Sealink employees also have a responsibility concerning the welfare of the Discloser. All Sealink employees must refrain from any activity that is, or could be perceived to be, Adverse Action against person who makes a Protected Disclosure. Disciplinary action may be taken against any employee found to be engaged in any Adverse Action against a Discloser including, depending on the severity of the action, instant dismissal. All Sealink employees must take all reasonable steps to attempt to maintain the confidentiality of a person they know or suspect to have made a Disclosure. 

3.9 Keeping the Discloser informed

Where the identity of the Discloser is known, Sealink will ensure that the Disclosures is kept informed of the actions taken in relation to a Disclosure wherever possible and practicable. 

3.10 Disclosures implicated in Improper Conduct

Sealink acknowledges that the act of Whistle blowing should not shield Disclosures from the reasonable consequences flowing from any involvement in Improper Conduct. A person's liability for his or her own conduct is not affected by the person's disclosure of that conduct. However, in some circumstances, an admission may be a mitigating factor when considering disciplinary or other action. 

3.11 False reporting by a person purporting to be a Discloser

Where it is shown that a person purporting to be a Discloser has made malicious, false or vexatious allegations of Improper Conduct, then that conduct itself should be considered a serious matter and render the person concerned subject to disciplinary proceedings which may include demotion, suspension or termination of employment. However no action will be taken against an employee who makes a Protected Disclosure in good faith which cannot be substantiated in a subsequent investigation. 

3.12 General reporting by the Disclosure Coordinator

The Disclosure Coordinator is required to regularly report to the Leadership Team detailing all reports made under this Policy including the status of all subsequent investigations commenced and the recommendations arising from any completed investigations. The Disclosure Coordinator may also use this report to make general recommendations to improve the ethical and compliance culture of Sealink. 

3.13 Review of this Policy & Procedure

This Whistleblower Policy & Procedure will be reviewed at least every 2 years in consultation with the Leadership Team. A report will be made to the Board of the outcome of each review including any recommended changes. The review must also address generally the efficacy of the Policy & Procedure. In particular, it must consider the fairness of investigations undertaken, the actual consequences of making disclosures for people who contact the Disclosure Coordinators, the performance of the Disclosure Coordinator and compliance with this Policy & Procedure generally. This Whistleblower Policy & Procedure will be available on Sealinks DataWeb will be available on request from Area Managers and HSEQ Managers.