Alumina Limited

Whistleblower Policy (serious complaints)

1. Overview

This policy outlines the rights of staff (officers, employees, contractors (and employees) and consultants) of the Company to:

  • report any perceived malpractice, impropriety, serious unethical behaviour, legal or regulatory non-compliance or questionable accounting or audit matter; and
  • expect and receive protection from any reprisal or detrimental action resulting from such disclosure

2. Guidelines

Staff are permitted and encouraged to report any behaviour, practice or activity that they, in good faith and on reasonable grounds, believe is:

  • Unethical or improper conduct;
  • Financial malpractice, impropriety or fraud;
  • Contravention or suspected contravention of legal or regulatory provisions; and
  • Auditing non-disclosure or manipulation of the internal or external audit process.

to the Australian Securities and Investment Commission (ASIC) (for contraventions of the Corporations legislation), the company's auditor, a director or other authorised person.

Staff are encouraged to use the internal complaints process if they consider the matter is a minor issue.

It is recommended that any complaint to be reported internally be directed to either the General Counsel/Company Secretary or the Chairman of the Audit Committee. All complaints reported internally will be documented and investigated promptly. If there is evidence of criminal activity the police will be notified.

If a staff member elects to report a breach or suspected breach of the Corporations legislation under the Whistleblower protection provision of Part 9.4AAA of the Corporations Act 2001, the Company will afford protection to the discloser and will, to the extent it can do so and is legally permitted, keep in confidence the name of the discloser and the content of the disclosure.

Part 9.4AAA of the Corporations Act 2001 (refer attached) relates to disclosures made in good faith and where there are reasonable grounds to suspect a breach of the Corporations legislation.

Alumina will not tolerate any reprisals against staff who disclosed, in good faith and with reasonable grounds, any of the aforementioned behaviours or practices. Alumina will act in the best interest of a discloser to protect them from any victimisation, adverse reaction or intimidation.

If the disclosure was falsely or maliciously made, Alumina reserves the right to take disciplinary action against the discloser provided it is within applicable laws, does not breach the Company's Code of Conduct or the individuals' rights.

If a complaint is made internally, the person to whom the complaint is made is required to commence an immediate investigation into the claim. The investigator is required to act impartially and document the complaint, all interviews conducted, the results of the investigation and any recommendations. All investigations will be carried out as quickly as is practicable.

The record of a serious complaint reported internally will be drawn to the attention of the Audit Committee (maintaining confidentiality at all times). Progress of the investigation will be reported to the Audit Committee. If the complaint/disclosure is the subject of an internal investigation that reveals genuine problems, the Audit Committee will be required to take remedial action.

3. Responsibilities

Staff have the following responsibilities when making disclosures under Whistleblower protection:

  • Make their disclosure in good faith;
  • Ensure they have reasonable grounds on which to base their disclosure;
  • Inform their name to the person to whom the disclosure is made before making the disclosure; and
  • The disclosure should be made to ASIC or the company's auditor or member of an audit team conducting an audit of the company or a director, secretary or senior manager of the company or a person authorised by the company to receive disclosures of that kind.

The Company (directors and management) agree to abide by the Whistleblower provision of Part 9.4AAA of the Corporations Act 2001. In doing so the Company is responsible to ensure confidentiality and provide adequate protection for a disclosing staff member. The identity of the disclosing staff member in relation to a disclosure made under this policy, can only be disclosed to ASIC, APRA or the Australian Federal Police. Disclosure of such identity to any other organisation or person requires the consent of the discloser (Whistleblower).