Helping clients protect and recover value through proactive cyber risk identification and management, and rapid action in response to a breach.
Helping clients to manage risk and regulatory compliance and respond to incidents of financial crime.
Uncover, analyse and clarify facts at the centre of disputes, frauds and other sensitive commercial matters.
Providing advisory and accelerated implementation services to the public and private sector.
Assists clients to grow, protect and recover value in their real estate portfolios.
Working with organisations to stabilise the business or to recover value on behalf of stakeholders.
We are Asia-Pacific’s trusted advisers in cybersecurity, financial crime, forensic, performance improvement, real estate and restructuring.
Our reach is global with offices across Australia, New Zealand, Indonesia and Singapore.
KordaMentha staff are actively engaged in giving back to their communities.
At KordaMentha, we value high standards of trust, empathy and ethical conduct in all of our dealings. We are committed to creating a work environment in which employees, ex-employees, suppliers, consultants, contractors and family members of these people are able to raise concerns regarding unethical, unlawful or improper conduct or activities, in confidence and without fear of reprisal. This version of the policy is modified for external parties.
This Policy extends to all Eligible Whistleblowers, which includes all current or former employees (whether paid or unpaid), contractors, consultants, suppliers or their employees, any other parties acting as representatives or agents of KordaMentha, or the relatives of any of those individuals.
There may also be instances of other external parties who wish to report Inappropriate Conduct but are not considered Eligible Whistleblowers for KordaMentha under the relevant legislation, for example, creditors of external administrations, receiverships, controllerships or bankruptcies which are being administered by KordaMentha registered liquidators or bankruptcy trustees. Where an entity being administered by KordaMentha or its staff does not have a whistleblower policy, or has a whistleblower policy that is inadequate, KordaMentha will afford the same policy commitments to anyone who reports Inappropriate Conduct to the extent reasonable and practicable.
Set out the process to report concerns of possible Inappropriate Conduct, in confidence and without fear of reprisal, dismissal or discriminatory treatment.
Provide an alternative avenue for raising concerns of Inappropriate Conduct (for example, by talking to a senior employee or People & Culture). This policy should be used in the case where you believe that the existing avenues have failed or you perceive them as unsuitable.
Ensure that Inappropriate Conduct is detected, addressed appropriately and prevented in the future.
Prompt action will be taken to investigate each report received to ensure Inappropriate Conduct is detected and addressed.
Inappropriate Conduct means conduct which is, or potentially could be:
dishonest or corrupt
illegal, including theft, drug use/sale, violence or threatened violence and criminal damage to property
a breach of a legal obligation
a breach of a professional obligation
unsafe work practices
in breach or disregard of the KordaMentha’s policies
any other conduct that could cause loss to KordaMentha or become detrimental to KordaMentha, or
any related or similar activity that could be considered by a reasonable employee to be inappropriate or unacceptable.
KordaMentha’s designated Whistleblower contact is Partner - Group Practice Management.
As the designated Whistleblower Contact, the Partner - Group Practice Management will oversee the response to reports of Inappropriate Conduct.
The investigation process will vary depending on the precise nature of the conduct being investigated. Reasonable efforts will be made to ensure investigations are completed in a timely manner, but can typically be expected to take anywhere from four to twelve weeks or longer in some circumstances. KordaMentha will aim to ensure reports of Inappropriate Conduct are assessed within five business days of receipt.
Once the Partner - Group Practice Management receives a notification about Inappropriate Conduct, the process will generally include:
an initial triage assessment of the matter to determine the severity of the matter and assess whether it qualifies for protection, whether there is evidence to support the matter raised and what further action, if any, is to be taken
the development of an investigation plan, when it is deemed necessary to conduct an investigation, including the appointment of an appropriately qualified and independent investigator
conducting an investigation in accordance with the investigation plan, which could include the following steps:
collecting and assessing relevant documentary, digital or other evidence
interviewing witnesses and
interviewing the individual implicated in the Inappropriate Conduct
reporting the findings of an investigation to appropriate parties (subject to confidentiality requirements) which will typically include the Board of Management, the Partner - Group Practice Management and the Director - People and Culture.
The Partner - Group Practice Management may include other individuals, such as members of the Risk Management or Technology teams, at any of these stages of the process as appropriate, for example to collect evidence or review control procedures.
Where possible, KordaMentha will give periodic updates to the Whistleblower as to the progress of the investigation into the Inappropriate Conduct. At a minimum, this will include acknowledgement of receipt of the report and notification at closure of the investigation. Updates provided to the Whistleblower will be subject to confidentiality considerations and will not convey the specific findings resulting from an investigation into the matter.
If you are concerned that the handling or response to a report of Inappropriate Conduct was inappropriate, insufficient or otherwise improper, such concerns can be raised with the Director - People and Culture or the Board of Management.
The Partner - Group Practice Management (or the Director - People and Culture as appropriate) will keep complete and accurate records of a report of Inappropriate Conduct and any related investigation into the matter to the extent required by relevant laws and subject to safeguards that ensure their confidentiality.
KordaMentha will take appropriate steps to ensure that parties named in a report of Inappropriate Conduct are provided fair treatment and due process. All investigations must be conducted in a manner that is fair, objective and affords natural justice to all people involved. To ensure the fair treatment of parties named in a report of Inappropriate Conduct:
The appointed investigator(s) will be independent of the matter and individuals involved.
The appointed investigator(s) will be appropriately qualified and must consider evidence on the balance of probabilities as to whether the alleged Inappropriate Conduct did or did not occur.
To the extent possible in accordance with legal requirements, the identity of persons named in a report of Inappropriate Conduct will be kept confidential.
In accordance with the principles of natural justice and procedural fairness and prior to any actions being taken, parties named in a report will be advised of the allegations as and when appropriate
Parties named in a report of Inappropriate Conduct will be provided the opportunity to respond to the allegations prior to any final actions being taken.
In some circumstances, KordaMentha may deem it necessary to take temporary action involving an employee named in a report of Inappropriate Conduct, such as standing aside the employee on paid leave so as to enable a complete and thorough investigation. In such circumstances, the affected employee will be provided access to the Employee Assistance Program with the option to seek updates from the Partner - Group Practice Management.
If you report Inappropriate Conduct in accordance with this policy, you will be protected under this policy from reprisal or repercussions from KordaMentha as a result of reporting Inappropriate Conduct, as long as you have reasonable grounds for believing the information disclosed indicates such conduct.
Any reports of Inappropriate Conduct which are proven to have been made maliciously or in the knowledge that they were false will not afford the Whistleblower protection and will be investigated and viewed as a serious disciplinary offence.
For specific eligibility criteria for protection under Australian law, please refer to Appendix A.
KordaMentha is committed to protecting and supporting Whistleblowers against actions taken against them for reporting Inappropriate Conduct. KordaMentha does not tolerate reprisals, discrimination, harassment, intimidation or victimisation of a Whistleblower, their colleagues or family members. Such retaliatory action will be treated as serious misconduct and will be dealt with in accordance with KordaMentha’s disciplinary policies.
KordaMentha will consider and adopt appropriate arrangements for protecting and supporting Whistleblowers on a case-by-case basis in accordance with the level of risk to the Whistleblower’s wellbeing and safety. For example, this could include:
assigning a dedicated Whistleblower Support Officer from the People and Culture team whose role is monitor the Whistleblower’s wellbeing and provide support where appropriate
providing access to the Employee Assistance Program
considering paid leave, role re-assignment, office relocation or other support as deemed appropriate
monitoring performance ratings, outcomes and employment decisions for known Whistleblowers to assess whether such outcomes are appropriate and free from negative bias or reprisal.
KordaMentha will keep the Whistleblower’s identity confidential in accordance with legal requirements. This includes reminding Eligible Recipients about their confidentiality obligations through training. Records of a report of Inappropriate Conduct and any associated investigation will be subject to safeguards that ensure their confidentiality.
In instances when a Whistleblower is anonymous, or when an external party makes a disclosure to KordaMentha, the response of KordaMentha will mirror this policy to the extent possible. In some circumstances, it may not be possible for KordaMentha to provide the same practical protection and support as provided to known Whistleblowers and employees. For example, it may not be possible for KordaMentha to:
protect the employment status of a Whistleblower who is not employed with KordaMentha
monitor and manage the behaviour of individuals not employed by KordaMentha (e.g. prevent harassment or bullying of non-employees)
monitor the wellbeing, safety, performance outcomes and employment status of anonymous Whistleblowers.
This Whistleblower Policy is made available to staff and is further published on the KordaMentha website to make it available to former employees or other external parties.
In the first instance you should raise any concerns of Inappropriate Conduct with an immediate supervisor, a relevant Partner or with the Director - People and Culture. However, if you feel that the existing avenues have failed, you perceive them as unsuitable or are unsatisfied with the response, you should use this policy as a confidential, alternative reporting avenue.
To help ensure reports are managed appropriately and consistently, it is the preference of KordaMentha that such reports are made to KordaMentha’s designated Whistleblower Contact:
Partner, Group Practice Management
Phone: +61 3 8623 3305
By email: [email protected]
By mail: Carolyn Ashby
GPO Box 2985
Melbourne VIC 3001
Marked ‘Private and Confidential’
Appendix A includes a full listing of all Eligible Recipients to whom a report of Inappropriate Conduct which qualifies for protection under Australian law can be made.
When making a report, you may choose to identify yourself or remain anonymous. However, anonymity may impede a swift or thorough investigation into the Inappropriate Conduct and communication of the outcome. If you choose to remain anonymous, you must include sufficient information in the report for the Inappropriate Conduct to be investigated.
Reports made anonymously still qualify for protection under Australian law, you do not need to identify yourself.
Should you have any questions on the appropriate channel for reporting Inappropriate Conduct, you can contact the Partner – Group Practice Management or Director – People and Culture to ask questions or seek guidance. Any such enquiries can also be made anonymously (e.g. using an anonymous webmail account).
Anyone considering whether to make an ‘Emergency’ or ‘Public Interest’ Disclosure should ensure they are familiar with the criteria for protection and may wish to seek legal advice before making such a disclosure. Further information is set out below.
ISO 27001 Certification
Modern Slavery Statement 2022