Whistleblowing[21]Whistleblowing[21]

Whistleblowing[21]

36. The Fit and Proper Policy must include adequate provisions to allow whistleblowing if a person has information that a responsible person does not meet the RSE licensee’s fit and proper criteria. The Fit and Proper Policy must ensure that the RSE licensee and its connected entities consent to the person providing that information to either the person responsible for conducting fit and proper assessments or APRA.

37. The Fit and Proper Policy must include adequate provisions to allow any person who has information that the RSE licensee has not complied with this Prudential Standard to provide that information to APRA.

38. The Fit and Proper Policy must provide that the RSE licensee and its connected entities consent to any person who held a responsible person position disclosing information or providing documents to APRA relating to their reasons for resignation, retirement or removal.

39. An RSE licensee must not, and must ensure that its connected entities do not, constrain, impede, restrict or discourage, whether by confidentiality clauses, policies or other means, any person from disclosing information or providing documents to APRA about matters referred to in paragraphs 36 to 38 inclusive.

40. The Fit and Proper Policy must require that all provisions of the Policy encouraging whistleblowing, and the procedures relating to whistleblowing, are adequately explained to directors and employees of the RSE licensee and its connected entities who are likely to have information relevant to fit and proper assessments.

41. APRA does not require that an RSE licensee impose an obligation on any person to make the disclosures under paragraphs 36 to 38 inclusive. However, the Fit and Proper Policy must require that all reasonable steps be taken to ensure that no person making such disclosures in good faith is subject to, or threatened with, a detriment because of any notification in purported compliance with the requirements of the Fit and Proper Policy.