Leidos Australia Whistleblower Policy

Last Updated: December 2020

1. Purpose

Leidos Australia is committed to the highest standards of conduct and ethical behaviour in all of our business activities. Leidos Australia is committed to the protection of individuals who disclose information about unlawful or unethical conduct occurring within Leidos Australia.

This policy has been adopted to provide a safe and confidential environment where such concerns can be raised by Eligible Disclosers without fear of reprisal or detrimental treatment.

 

2. Scope

This policy applies to all directors, officers, employees and contractors of Leidos Australia.

 

3. Policy
 

3.1 Reportable Conduct

An Eligible Discloser may make a report in accordance with this policy where they have reasonable grounds for suspecting Reportable Conduct by a Leidos Australia director, officer, employee, supplier, contractor or other person who has business dealings with Leidos Australia.

The Report should address:

• The nature of the conduct, what has happened and why it is of concern;
• Identify at least some of the people involved in the alleged misconduct; and
• Detail when the alleged conduct occurred.

Reportable Conduct is the following conduct that relates to Leidos Australia or its Related Companies:

• misconduct, or an improper state of affairs or circumstances, including in relation to their tax affairs;
• conduct that represents a danger to the public or the financial system (even if this conduct does not involve a breach of a particular law);
• conduct in contravention of any law administered by the Australian Securities and Investment Commission (ASIC) or the Australian Prudential Regulation Authority (APRA), including the Corporations Act 2000;
• conduct in contravention of the Taxation Administration Act 1953; or
• conduct that is an offence against any law of the Commonwealth, where the offence is punishable by imprisonment for a period of 12 months or more.

Examples of Reportable Conduct can include:

• fraud, corruption, bribery or other illegal conduct;
• conduct that represents a danger to the public including breach of workplace health and safety  or environmental legislation;
• misconduct or an improper state of affairs or circumstances in relation to Leidos Australia's corporate governance, accounting or tax affairs;
• improper conduct which may cause financial loss to Leidos Australia and its parent companies or damage to its reputation or otherwise be detrimental to Leidos Australia and its parent companies’ interests.

 

3.2 Personal Work related grievances

Disclosures that relate solely to personal work related grievances, and that do not relate to detriment or threat of detriment to the Discloser do not qualify for protection under this Policy.

Such grievances should be raised directly with the Discloser’s people leader, the Discloser’s HRBP, the General Counsel or the HR Director – APAC and will be handled in accordance with Leidos Australia’s PR-AU-HR 6.3.5 Employee Grievance Procedure.

A personal work-related grievance may still qualify for protection under this policy if:

1. it includes information about misconduct that would fall within the ambit of paragraph 3.1;
2. Leidos Australia has breached employment or other laws punishable by imprisonment for a period of 12 months or more or has engaged in conduct that represents a danger to the public;
3. The Discloser suffers from or is threatened with detriment for making a previous protected whistleblower disclosure or for seeking legal advice about protected whistleblower disclosures
4. it is part of a disclosure to a legal practitioner for the purpose of seeking legal advice or legal protection about the operation of the Australian Whistleblower laws.

 

3.3 Reasonable Grounds

A disclosure may have serious consequences, including potential damage to the career prospects and reputation of people who are the subject of allegations of wrongdoing.

For this reason a Discloser must have reasonable grounds to suspect Reportable Conduct in relation to Leidos Australia when making a disclosure under this Policy.

The making of any malicious Disclosure that, on investigation, is shown to be without foundation, will be treated as a serious matter in accordance with the PR-AU-HR 6.3.4 Employee Counselling and Discipline Procedure.

For the avoidance of doubt, where a person makes a Disclosure and:

1. believes on reasonable grounds that the information is true; or
2. is not in a position to form a belief on reasonable grounds about the truth of the information but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that the truth may be investigated

that disclosure will not be deemed to be malicious for the purposes of this Policy.

 

3.4 How to make a Reportable Disclosure

Leidos Australia has several channels for reporting an issue or behaviour which may constitute reportable conduct. To ensure appropriate escalation and timely investigation disclosures should be made via one of the following channels:

The Leidos Hotline, operated by an independent third-party provider, or by submission online. Concerns can be reported anonymously.	+1-800-942-950 or leidos.com/hotline
By Mail to the General Counsel Australia and Company Secretary	Level 2, 42 Lakeview Drive, Scoresby VIC  3179
By email to the General Counsel Australia	[email protected]

 

Leidos Australia wishes to identify and address wrongdoing as soon as possible and encourages Eligible Disclosers to report matters internally.

Eligible Disclosers may also make disclosures directly to ASIC or the ATO. Refer ASIC Information Sheet 239 at https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/how-asic-handles-whistleblower-reports/

An Eligible Discloser may make a Public Interest or Emergency Disclosure in certain circumstances where the matter had previously been disclosed to ASIC or another Commonwealth body prescribed by regulation. For further information concerning how to make a Public Interest or Emergency Disclosure please refer to https://asic.gov.au/regulatory-resources/find-a-document/regulatory-guides/rg-270-whistleblower-policies/.

 

3.5 Anonymity

A Discloser may choose to remain anonymous whilst making a disclosure, over the course of the investigation and after the investigation is finalised. A Discloser can refuse to answer questions that they feel may reveal their identity including during follow up conversations.  A Discloser may adopt a pseudonym to protect their identity.

If the Discloser wishes their identity to remain anonymous they are strongly encouraged to provide sufficient information to enable their report to be investigated

 

3.6 Protections for Disclosers
 

3.6.1 Confidentiality

Leidos Australia is committed to ensuring confidentiality in respect of all matters raised under this policy. Leidos Australia will not disclose the identity of the Discloser or any information that is likely to lead to the identification of the Discloser. Leidos Australia will only share the identity of the Discloser in the following circumstances:

1. with the Discloser's consent;
2. to ASIC,  or another body prescribed by regulations or  to a member of the Australian Federal Police;
3. to a legal practitioner for the purposes of receiving legal advice in relation to the disclosure.

Information contained in the Disclosure may be disclosed with or without consent where:

1. The information does not include the Discloser's identity;
2. All reasonable steps have been taken to reduce the risk that the Discloser will be identified from the information;
3. It is reasonably necessary for investigating the issues raised in the disclosure.

Leidos Australia will take measures to protect the confidentiality of the Discloser's identity including:

• Redacting the Discloser's name and any other personal information;
• Storing information concerning the disclosure securely;
• Limiting access to the information to the Disclosure to those directly involved in managing and investigation the disclosure.

 

3.6.2 Detrimental Treatment

Leidos Australia is committed to ensuring that Disclosers are treated fairly and do not suffer Detrimental Treatment.  Any Detrimental Treatment as a result of making a report should be raised in accordance with paragraph 3.4.

Anyone found to be victimising or disadvantaging someone for making a disclosure under this Policy will be subject to disciplinary action under PR-AU-HR 6.3.4 Employee Counselling and Discipline Procedure.

When receiving a Reportable Disclosure the Disclosure Coordinator will assess the risk of detriment to the Discloser or affected persons arising from the disclosure. Where appropriate, strategies will be developed to:

• explain the support services available to them, including the Leidos Australia Employee Assistance Program Benestar on 1300 360 364;
• assist them with managing the stress, time and performance impacts resulting from the disclosure or resulting investigation;
• protect them from detriment, e.g. allowing the performance of work from another location, assignment to another role, modifications to the workplace or reporting lines; and
• remind those managing and handling the disclosure and its investigation about their obligations in respect of confidentiality, detrimental conduct, managing conflicts of interest, and the fair treatment of the Discloser and others mentioned in the disclosure.

Reasonable management and administrative action conducted in a reasonable manner by Leidos Australia is not detrimental conduct. This can include management or administrative to protect the Discloser or another person from detriment or performance management or disciplinary processes conducted in accordance with Leidos Australia’s PR-AU-HR 6.3.4 Employee Counselling and Discipline Procedure.

 

3.6.3 Compensation

A Discloser (or any other employee or person) may seek compensation and other remedies if they suffer loss, damage or injury due to the Disclosure or where Leidos Australia has failed to take reasonable precautions and exercised due diligence to prevent Detrimental Conduct. Disclosers should seek independent legal advice as to their rights under RG270.

 

3.6.4 Other Protections

Under Australian Whistleblower laws, a Discloser is protected from any civil, criminal or administrative liability in relation to making the disclosure. Immunity does not extend to any misconduct engaged in by the Discloser that is revealed as part of the Disclosure.

 

3.7 Investigation of Disclosure

The Disclosure Coordinator will be informed as soon as practicable after a person identified in paragraph 3.4 receives a Disclosure. The Disclosure Coordinator shall, except where it would be inappropriate or unreasonable to do so:

• Take steps to preserve the confidentiality of the Discloser's identity;
• Determine if further information is required and take reasonable steps to obtain the information;
• Inform  the Chief Ethics and Compliance Officer that a Disclosure has been received;
• Determine whether the disclosure falls within the scope of this policy, and if it is necessary and appropriate to do so, appoint either an internal or external investigator with no personal interest in the matter to conduct  an investigation into the matter disclosed;
• Keep the Discloser and the Chief Ethics and Compliance Officer updated as to the progress of the investigation

The investigation shall be conducted in an objective and fair manner and will ensure that any employee who has been adversely mentioned in the Disclosure is given an opportunity to respond to the allegations made against them prior to any adverse findings being made.

The duration and nature of the investigation process will vary depending on the nature of the Protected Disclosure and the amount of information provided.

Subject to confidentiality obligations, the outcomes of any investigation of significant issues together with any recommendations will be provided to the Chief Executive Officer- Australia, Chief Financial Officer- Australia, the Chief Ethics and Compliance Officer and the Group President Intelligence Group of Leidos Holdings Inc. 

 

3.8 Fair treatment

Leidos Australia will ensure the fair treatment of employees mentioned in a Protected Disclosure. Leidos Australia will:

• to the extent that it is practical and appropriate in the circumstances, handle all disclosures confidentially;
• assess each disclosure on its merits and investigate as appropriate; and
• advise the outcome of any investigation into the disclosure, to the extent permitted by confidentiality obligations, however, will not provide a copy of the investigation report or associated material.

 

3.9 Consequences for non-compliance with Policy

Any breach of this policy by an officer, employee or contractor will be taken seriously by Leidos Australia and may be the subject of separate investigation and/or disciplinary action.

A breach of this policy may also amount to a civil or criminal contravention under Australian Whistleblower laws giving rise to significant penalties.

 

3.10 Policy Review

This policy will be reviewed by the General Counsel – Australia at least every two years to ensure that it is operating effectively.

 

3.11 Availability of Policy

This policy will be made available internally on our intranet. Leidos Australia officers and employees will receive periodic training in relation to their obligations. The policy will also be available outside Leidos Australia at https://www.leidos.com/company/global/australia

 

4. References

• Leidos Code of Conduct
• PR-AU-HR 6.3.4 Employee Counselling and Discipline Procedure.
• PR-AU-HR 6.3.5 Employee Grievance Procedure
• ASIC Regulatory Guide 270 Whistleblower Policies

 

5. Definitions

ASIC means the Australian Securities and Investment Commission

Australian Whistleblower laws means either or both of the regimes contained in Part 9.4AAA of the Corporations Act 2001 (Cth) and Party IVD of the Taxation Administration Act 1953 (Cth)

Detrimental Treatment includes dismissal, demotion, harassment, discrimination, disciplinary action, harm (including psychological harm), bias, threats or other unfavourable treatment associated with making a report.

Disclosure Coordinator means the General Counsel Australia or in her absence the HR Director – APAC.

Discloser means a person who has made a disclosure in accordance with this policy

Eligible Discloser means:

1. a current or former Leidos Australia director, officer  or employees (whether full-time, part-time or casual),
2. A current or former Leidos Australia contractor or supplier of goods or services,
3. an employee of a current or former Leidos Australia contractor or supplier of goods or services
4. a family member of any of the above individuals,
5. an Associate as defined by the Corporations Act 2001 (Cth)

Emergency Disclosure has the meaning given in RG 270

Family member means a spouse, parent, child, dependent or other relative of an individual

HRBP means a Human Resources Business Partner

Leidos Australia means all or any of Leidos Australia Pty Ltd, Leidos Pty Ltd and InQuirion Pty Ltd

Officer has the same meaning as in the Corporations Act 2001 (Cth) (which includes but is not limited to directors and company secretaries.)

Public Interest Disclosure has the meaning given in RG 270

Senior Manager means any member of the Australian Executive Leadership team.

Related Company means a 'related body corporate' as defined in the Corporations Act 2001 (Cth).

RG 270 means ASIC Regulatory Guideline 270

Work related grievances include:

1. interpersonal conflict between the Discloser and another employee or manager;
2. decisions that do not involve a breach of work place law;
3. decisions about the Discloser's engagement, transfer, promotion, suspension or termination or disciplinary action involving the Discloser.

Updates

This Policy may be updated periodically. We will notify you of any changes by posting the new Leidos Australia Whistleblower Policy to this page and will change the "Last Updated" date above. You should consult this page regularly for any changes.

If you expand the + symbol next to the dates below, you will see a summary of the recent substantive changes to this page and the dates these updates came in to effect.