1. RACEDAY TICKETING

Raceday tickets are sold subject to the following terms and conditions:

1.1 No refund or exchange on any ticket except as set out in condition 3.

1.2 The Entertainment Grounds reserves the right to cancel, reschedule and/or vary advertised race meetings and races at any time.

1.3 Tickets may not be resold or offered for resale at a premium (including via on-line auction sites) or, without the written permission of The Entertainment Grounds, used for commercial, advertising or promotional purposes in connection with other goods or services. Breach of this condition may result in cancellation of the ticket and refusal of entry to the ticket holder.

2. EVENT TICKETING

Event tickets are sold subject to the following terms and conditions:

2.1 No refund or exchange on any ticket except as set out in condition 3.

2.2 The Entertainment Grounds reserves the right to cancel, reschedule and/or vary advertised functions and events at any time.

2.3 Tickets may not be resold or offered for resale at a premium (including via on-line auction sites) or, without the written permission of The Entertainment Grounds, used for commercial, advertising or promotional purposes in connection with other goods or services. Breach of this condition may result in cancellation of the ticket and refusal of entry to the ticket holder.

3. REFUNDS POLICY

3.1 In the event of a scheduled race meeting being cancelled due to inclement weather after 11.00 am on the scheduled raceday, a phantom meeting will be held and the Gosford Race Club (The Entertainment Grounds will meet its commitments in relation to pre-booked food and beverage packages).

3.2 No refunds will be given in relation to food and beverage packages if the meeting is cancelled after 11.00am on the scheduled raceday.

3.3 If the scheduled race meeting is cancelled before 11.00am on the scheduled raceday, full refunds will be given and the meeting will be deemed abandoned. :

If an event is cancelled or rescheduled prior to commencement of the event, ticket holders may request to exchange tickets for an equivalent event by returning the tickets to The Entertainment Grounds (Gosford Race Club Limited) within two business days of the cancelled or rescheduled event and The Entertainment Grounds will, if possible, provide the exchange tickets (but does not guarantee that it will be able to do so). An equivalent event means the same event at a later date or another event to the equal ticket value.

3.4 Refund notice periods

6 week’s notice – refunds with 6 weeks’ notice will be honoured as a full refund.
1 week’s notice – refunds with 1 week’s notice will be considered as a partial refund. With 30% of the total sales value held as a non-refundable deposit.
72hrs notice – refunds with 72hrs notice will be considered as a partial refund. With 70% of the total sales value held as a non-refundable deposit.
48hrs notice – refunds will not be honoured within 48hrs notice.

3.5 Refund payment process

The Entertainment Grounds will process all refunds as a priority, however refunds can be expected within 14 days from the approval of the refund request.

4. PRIVACY POLICY

4.1 The Entertainment Grounds (Gosford Race Club Pty Ltd) is committed to ensuring the privacy of the personal information you have provided to us. The following statement sets out our general policy for the protection of your privacy.

We are bound by the National Privacy Principles which form part of the PRIVACY ACT 1988 (Commonwealth). At your request we will provide you with additional information about the way our organisation manages the personal information it holds.

4.2 We will not disclose your personal information to any other organisation or person unless there is a legal requirement to do so. The Entertainment Grounds (Gosford Race Club Pty Ltd) may disclose your information to third parties that provide services under contract to the Club. These contracts require the third party to keep your personal information confidential and secure.

5. PAYMENT POLICY

5.1 All prices are in Australian dollars and are inclusive of GST.

5.2 Payment is required with all online bookings. If you do not feel comfortable completing your purchase online, we welcome you to call us on 02 4325 0461 to secure your booking.

5.3 We accept credit card payments online via our SSL secure server. This provides encrypted security for sensitive data such as credit card details.

5.4 We accept payment via the credit cards Mastercard and Visa.

5.5 We do not accept payment via American Express.

5.6 The Entertainment Grounds (Gosford Race Club Pty Ltd) will not charge any additional booking fees or surcharges unless specified at the time of booking.

5.7 The Entertainment Grounds (Gosford Race Club Pty Ltd) does not store credit card details.

6. RACEDAY FOOD & BEVERAGE POLICY

This policy is for Racedays only, for Events please check the policy listed under each Event or telephone our offices for confirmation (Phone – 02 4325 0461).

Entrants are generally not permitted to bring external or commercial food or beverage into the Venue. Decisions about whether such products will be permitted are at the discretion of the Race Club or based on specific event requirements. Entrants will generally be advised to dispose of such items or will have the items confiscated prior to entering the Venue. This does not apply to food or beverages for persons with special dietary requirements, provided that such food or beverages are not packed in prohibited containers. The Venue will not be liable for any loss caused to entrants by the disposal or confiscation of food items.

Permitted:

Food required for dietary or health purposes is allowed in sealed containers with written consent from a health professional. Food will be available on course for sale.

Not Permitted:

Perishable or processed foods intended for consumption such as meats, seafood’s, salads, dairy products and sandwich/fruit/vegetable
‘Commercial Food’ such as Kentucky Fried Chicken, Pizza Hut etc.
No BYO alcohol. Alcohol is available for purchase at the Event. Patrons found to have bought alcohol into the Venue will be evicted from the Venue. Patrons who wish to consume alcohol must have photo ID. It is an offence to supply minors with alcohol and anyone found supplying minors with alcohol will be evicted from the Venue.
No BYO soft drinks. Drinks required for dietary or health purposes are allowed in sealed containers with written consent from a health professional. Complimentary water is available at all bars.
No glass – this includes wine glasses, jars, or any other containers or items made of glass. Although bottles of wine will be sold inside the Venue you may not bring any glass object into the Venue.
No metal cutlery or knives of any sort are permitted into the Venue.

7. RESPONSIBLE SERVICE OF ALCOHOL

Policy on Responsible Service of Alcohol:
We are committed to the Responsible Service of Alcohol. The Entertainment Grounds:

Recognises that it is against the law to serve anyone to intoxication.
Recognises that it is against the law to serve anyone under the age of 18.
Recognises that it is against the law to allow disruptive or violent behaviour to occur on these premises.
Is an active member of the Gosford Liquor Accord and is committed to abiding by its policies and procedures.
Acknowledges the right of every individual to an enjoyable social day out, without impacting on others to do the same.

The Entertainment Grounds has adopted the following House policy, which provides a framework for the Responsible Service of Alcohol.

Alcohol Consumption:

Persons who are intoxicated will be Refused Admission to our premises.
We will display and refer to Intoxication signs in order to support our responsible attitude and meet the requirements of legislation.
Any patron in oncourse or at a function or event will be Denied Service if they are considered intoxicated.
The Entertainment Grounds does not seek to encourage rapid or excessive consumption through pricing.
Low alcoholic beers and non-alcoholic beverages are stocked, promoted and offered as an alternative to patrons who are judged as becoming intoxicated.
Patrons current or impending state of intoxication will be refused service.
The Entertainment Grounds does not condone or encourage high-risk groups entering its premises.
The Entertainment Grounds carries all necessary RSA signs to highlight these points.

Under Age Drinking

The Entertainment Grounds recognises only three (3) forms of identification:

Current Drivers License
RTA Proof of age card
Passport

If a staff member believes that a person who is ordering or being supplied alcohol is under 18 years of age they will request proof of age.
The Entertainment Grounds will conduct random identification checks of persons that we suspect to be under the age of 18. If a person is less than 18 years of age or refuse to produce identification, staff will refuse service and that person may be removed from the premises.
All necessary RSA signage will be visible to both patrons and bar staff.
Persons under the age of 18 are not permitted to stand or be served at the bar even for non-alcoholic products.

Disruptive Behaviour
If a patrons behaviour becomes disruptive the security and or police will counsel the person(s). If the behaviour continues the patron will be ejected from the premises.

Violent Behaviour
Any form of violence will not be tolerated at The Entertainment Grounds. Should a patron become violent in any way they will be ejected from the venue.

Refusal of Service
It is against the law to serve an intoxicated person, which has serious consequences for the staff member and The Entertainment Grounds. Whilst individuals patronage is greatly valued intoxicated persons will be requested to leave the premises. Failure to leave as requested will result in Police action and a possible fine.

Drinking and Driving
Staff members will be pro-active in seeking to discourage drinking and driving. The Entertainment Grounds offers a number of services designed to alleviate the need for drunk driving. These services include the provision of overnight parking facilities, the provision of a safe place for the holding of car keys overnight and the making of alternative transport arrangements.

Training and Promotions
All staff have been informed about this policy on Responsible Service of Alcohol and adequately trained to support this policy. The Entertainment Grounds seeks to publicise and promote its position on Responsible Serving.

8. CONDITION OF ENTRY

Gosford Race Club Limited ACN 003 846 124 (‘Race Club’’) is dedicated to providing a safe and enjoyable environment for all patrons, staff and delegates at the Entertainment Grounds (‘Venue’). These General Conditions of Entry (‘Conditions’) are applicable to all persons attending the venue, including but not limited to visitors, members, delegates, trainers and staff, and entry to the Venue is subject to the Conditions. The Conditions are subject to change without notice, based on specific event requirements and at the sole discretion of The Race Club.

8.1 Conditions of Entry

In consideration of the Race Club allowing persons to enter the Venue, each entrant agrees to the following Conditions of Entry that can only be waived by the Race Club in writing. Additional restrictions apply to entry into the mounting yard.

8.2 Refusal of Entry or Removal

The Race Club reserves the right to refuse entry to or remove from the Venue:

a) any unauthorised person;

b) any person who in the opinion of a Race Club representative is behaving, or is in a group of persons behaving, in a manner that is causing or likely to cause nuisance or offence to other persons, damage to property, or cause disruption to the conduct of horse racing;

c) any person who breaches any of these Conditions or refuses to obey any reasonable direction from a Race Club representative.

8.3 Prohibited Items

The following items must not be brought into the Venue:

a) alcohol or any illegal substance;

b) knives, firearms, blades, flares, laser pointers or any other item that could potentially cause injury or discomfort to other patrons;

c) animals other than an assistance animal as defined in the Companion Animals Act 1998;

d) musical instruments, whistles or any other item that could potentially cause disruption to racing.

8.4 Licenced Premises

A minor must not enter into or remain at the Venue unless the minor is in the company and immediate vicinity of an adult who is:

a) a parent, step-parent or guardian of the minor;

b) the minor’s spouse or de facto partner; or

c) standing in as the parent of the minor.

The adult person accompanying the minor will be responsible for any act or omission of the minor.

It is an offence for anyone to purchase liquor for or supply liquor to minors. Entrants may be required to provide proof of identity and/or of age at any time. Alcohol must not be brought into or removed from the Venue.

8.5 Photography and Recording

Entrants must not take any photographs or make any film or sound recording at the Venue for commercial purposes.

Each entrant consents to being photographed or filmed and/or recorded by or on behalf of the Race Club while at the Venue and consents to the Race Club using the images or recording for any promotional or advertising purpose. Each patron assigns all intellectual property rights in the images or recording to the Race Club, throughout the world in perpetuity and waives any moral right in the images or recording. If the entrant is a horse owner the entrant agrees that the consents and assignment in this clause extends to any photography or film of the entrant’s horse and jockey’s colours.

The Venue is monitored by a CCTV network for the safety and security of the entrants.

8.6 General Conditions

a) Entrants must not enter the racetrack at any time.

b) The sale or distribution of any goods or advertising or promotional material within the racecourse or any advertising, or political activity is prohibited within the Venue.

c) Smoking is prohibited in all areas designated as smoke free areas and where prohibited by the Smoke-Free Environment Act 2000.

d) The Race Club reserves the right to inspect or search bags or any other items being brought into the Venue by entrants.

e) All persons entering the Venue do so at their own risk. There is a risk of harm and a risk to an entrant’s safety including because of the nature of events held at the Venue and because access may be available to the general public. Entrants are asked to assess that risk prior to entry and during their presence at the Venue.

8.7 Dress Regulations

Dress Regulations apply for entrance to the Member Stand

8.8 Releases and Exclusion of Liability and Indemnity

a) Entrants bring their personal items into the Venue at their own risk. The Race Club will not be liable for any damage, loss or theft of an entrant’s personal property.

b) Entrants enter the Venue at their own risk and release the Race Club to the full extent allowed by law from all claims that the entrant might have, or might have had if not for this release, in respect of any injury, including injury resulting in death, arising from or occurring during their entry into or presence at the Venue.

c) Each entrant indemnifies the Race Club from and against all actions, claims, demands, losses, damages, costs and expenses which the Race Club is, or may be, or becomes liable for, arising from any damage to property, loss of life, or injury which may be sustained or suffered by any third party at the Venue, to the extent that the same is caused by an act or omission of the entrant.

THE COAST RACE DAY MEDIA ACCREDITATION

The media passes granted for the Coast Race Day are only valid for the date of 08/05/21 and cannot be re-used for any other race meetings held at Gosford Race Club.

By receiving a media pass to the Gosford Race Club (The Entertainment Grounds) you have agreed to the following terms and conditions.

Accreditation

All working media attending the Coast Race Day must hold a valid Gosford Race Club Media Pass
To apply for media accreditation for future race meetings, please email info@theentertainmentgrounds.com.au
Media accreditation is at the discretion of Gosford Race Club
Media accreditation is only intended for working media
Media accreditation is non-transferable and will not be issued to anyone other than those who have been approved for a media pass
A media accreditation pass must be visible at all times
Accredited media must present their card if they are asked by staff or security working at the Gosford Race Club
Any content captured by accredited media can only be used for editorial news purposes. The content is not authorised for any other purpose including public relations, promotional, commercial or entertainment use
This media pass does not have access to any restricted areas.
Gosford Race Club has the right to revoke media accreditation at any time before or during the event
All accredited media must remain behind all barriers, fences or designated roped before and after each race
Accredited media must follow all directions of Gosford Race Club officials and security.
Gosford race club reserves the right at any time to limit the number of people who access to media centres and restricted areas.
Any accredited media using radio on the day must inform Gosford Race Club what frequency it will be aired 24hrs prior to the event.
Any physical or verbal abuse by media directed to anyone on course on the race day will not be tolerated. Accreditation will be immediately revoked and will be removed from the venue.

Audio and audio-visual material

Sky Racing and Channel 7 are the official broadcasters of The Coast Race Day
Other than Sky Racing, Channel 7 the GRC and RNSW, no live broadcast or streaming is permitted anywhere on the grounds except where written permission is provided by the Chief Executive Officer or Chairman of the GRC or RNSW
Filming in restricted areas by any person other than staff representing an official broadcaster is forbidden.
In addition to restricted areas, filming in any horse movement areas by any person who is not staff of the official broadcasters is not permitted where written permission is provided by the Chief Executive Officer or Chairman of the GRC or RNSW
Sky Racing and Channel 7 will make the racing coverage available to non-rights holder television and online outlets
Any interviews with industry participants must be conducted after Sky Racing and/or Channel 7 commitments have been fulfilled and these must take place outside of horse movement areas
Use of live streaming platforms such as Facebook, Twitter, Periscope, YouTube or any other streaming apps and/or programs will result in immediate forfeiture of accreditation.

Branded equipment

Camerapersons and talent from non-broadcast partner outlets and their branded property must never be seen in a Sky Racing or Channel Seven filming line of vision
Camerapersons from non-broadcast partner outlets must check areas prior to filming so not to obstruct Sky Racing and Channel Seven cameras. This includes items such as branded microphones or voice recording equipment, cameras, bags etc

Photography & Camera Operators

Photographs must not be used for commercial use, unless approved in writing by Gosford Race Club
Accredited media must be respectful to all race day patrons when taking photographs

Wagering

The capturing of wagering or persons engaging in wagering activities is prohibited. This includes photos of money changing hands and machines
Photography and filming are only permitted to include wide shots of selected areas and must not focus on one person unless a patron has provided their permission or permission has been granted by GRC

General

All produced content must be accurate and not misleading. It must comply will all GRC relevant policies and agreed positions. GRC policies may be amended at any time at the Club’s discretion.
No person or business may imply a sponsorship or any other association with the GRC that does not exist. It is a condition of entry into the racecourse to not engage in this activity
Should any persons not adhere to the above terms and conditions, their accreditation will be revoked and they will not be permitted to access Gosford Race Club in the future

Whistleblower Policy

1. Policy Statement

The Entertainment Grounds is committed to the principles of transparency and accountability and fostering a culture in which honesty, integrity and the highest ethical standards are maintained.

The Entertainment Grounds encourages and supports the reporting of any conduct which may be considered illegal, unethical or an act of serious wrongdoing. The Entertainment Grounds provides protections so that people can feel safe that they can report concerns confidentially and without fear of reprisal, disadvantage, or intimidation.

The purpose of this Policy is to provide guidance on how to raise concerns about suspected or actual unethical or illegal behaviour in good faith.

2. Who Does the Policy Apply to?

a. This Policy applies to all current and former Board Members, Chief Executive Officers, employees, volunteers, suppliers and contractors of The Entertainment Grounds.

b. Individuals who make disclosures about Reportable Conduct as defined in this Policy and are eligible for whistleblower protections under the law whether or not the disclosure is made under this Policy are whistleblowers.

c. Whistleblowers are eligible to whistleblower protections under the Corporations Act or the Tax Administration Act where they have reasonable grounds to suspect conduct that qualifies for protection including misconduct or an improper state of affairs in relation to our organisation:

They make a disclosure of Reportable Conduct to an eligible recipient or to ASIC or to a legal practitioner for the purpose of obtaining legal advice; or
They make an Emergency Disclosure or a Public Interest Disclosure.

3. Definitions

3.1. Anonymity: is when one’s identity is unknown. In the case of an anonymous Whistleblower, their identity is not known by anyone, including those who receive and investigate the Report.

3.2. Confidentiality: is when one’s identity is protected to prevent harm. In the case of a Whistleblower, their identity may be known to those receiving and investigating the Report but is protected from the broader organisation and public.

3.3. Eligible Recipient means:

The persons authorised by our organisation to receive whistleblower disclosures.
The auditor of our organisation or a member of the audit team.
A director, secretary, officer, or senior manager of our organisation.
ASIC
Whistleblower’s lawyer.

3.4. Emergency Disclosure:

A disclosure of information to a journalist or member of Parliament where:

The whistleblower previously made a disclosure of information to a Prescribed Authority;
The whistleblower has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the environment;
Before making the emergency disclosure the whistleblower has given written notice to the Prescribed Authority that includes sufficient information to identify the previous disclosure and that the whistleblower intends to make an emergency disclosure and the extent of the information disclosed in the emergency disclosure is no greater than is necessary to inform the journalist or member of Parliament of the substantial and imminent danger.

3.5.Eligible Public Recipient: is a person that is a member of Commonwealth or State Parliament, a member of the legislature of the Territory or a journalist.

3.6.Public Interest Disclosure

A disclosure of information to a journalist or a member of Parliament where:

At least 90 days have passed since the whistleblower made the disclosure to a Prescribed Authority;
The whistleblower does not have reasonable grounds to believe that action is being or has been taken in relation to the disclosure;
The whistleblower has reasonable grounds to believe making a further disclosure of the information is in the public interest and before doing so the whistleblower has given written notice to the Prescribed Authority that includes sufficient information to identify the previous disclosure and that the whistleblower intends to make a public interest disclosure.

3.7. Prescribed Authority: means ASIC or other prescribed Commonwealth Authority.

3.8. Reportable Conduct includes any past, present, or likely future activity which:

a. Is in breach of legislation or regulations, or which is otherwise illegal (eg violence or threatened violence against another person and property damage).

b. Is fraudulent or dishonest.

c. Could cause financial or non-financial damage to the organisation, or the reputation of the organisation.

d. Is a systemic, wilful, or serious breach of the organisation’s Code of Conduct, policies, and procedures.

e. Constitutes maladministration (that is conduct that is in breach of the law, is unreasonable or improperly discriminatory or based wholly or partly on improper motives).

f. Infringes on the rights of any person.

g. Endangers the health and safety of others.

h. Is a misuse of organisational, public, or other funds.

i. Is any sexual offence or sexual misconduct or sexual harassment. j. Is dishonest or corrupt behaviour such as theft or misappropriation of funds or property or bribery.

k. Amounts to interfering or impeding internal or external audit processes or investigations.

l. Involves victimisation of someone for reporting a Reportable Conduct. m. Involves any instructions to cover up serious wrongdoing.

3.9. Non-Reportable Conduct

For the purposes of this Policy, Reportable Conduct does not include:  Personal employment or work-related grievances that have implications for the employee personally but do not have significant implications for The Entertainment Ground or do not concern Reportable Conduct.

Examples of personal work-related grievances include any interpersonal conflict between the whistleblower and another employee and a decision relating to their employment such as not being hired, promoted, being suspended or fired.

3.10. Report means: a report made on an alleged misconduct in relation to the organisation.

3.11. Whistleblower: is a person associated with the organisation, whether it be a Board Member, Chief Executive Officer, employee, contractor or volunteer, spouse or family members, who discloses information regarding organisational wrongdoing/misconduct.

4. Reporting Framework

If a person becomes aware of Reportable Conduct, they can make a disclosure in the following ways:

4.1. Internal Reporting

Internal reporting to the WPO should be the first step. However, if this proves to be ineffective, they can make a disclosure externally.

To report internally, staff should notify the Whistleblower Protection Officer WPO, who is an “eligible recipient” – Karen Ansen, karen@ignitehr.com.au.

If they believe that the WPO is involved in the Reportable Conduct then they should contact the Chief Executive Officer, Daniel Lacey, daniell@theeg.com.au.

If they believe that the Chief Executive Officer is involved in the Reportable Conduct, then they can contact a member of the Board or the Chair of Risk and Compliance Committee of The Entertainment Grounds Boards of Directors, Peter Kernan – pk@aubreybrown.com.au.

4.2. External Reporting

If the Whistleblower believes that:

all the above internal staff are involved in the Reportable Conduct.
all internal measures have been taken to try to get the issue addressed.
the issue is significant and poses dangers to health or safety.

They may report the complaint to an external agency such as ASIC or the Australian Charities and Not-for-Profits Commission (ACNC):

ASIC phone number: 1300 300 630
ACNC phone number: 13 22 62

4.3. Anonymous Reporting and Confidentiality

Reports of Reportable Conduct can be made orally or in writing and can be anonymous. They should contain as much information as possible including details of the misconduct, persons involved, dates, location and any evidence that exists.

The WPO will receive and consider seriously anonymous Reports and ensure the anonymity of the Whistleblower as far as possible. However, whistleblowers must be aware that anonymous reporting may limit the WPO’s ability to investigate the matter and may affect the outcome of the investigation, as evidence may be more difficult to substantiate.

Subject to compliance with legal requirements, The Entertainment Grounds will only disclose the identity of a whistleblower and information likely to lead to the identification of the whistleblower with their prior consent or otherwise in the limited circumstances listed below.

In limited circumstances The Entertainment Grounds may need to disclose the identity of the person making the Report without their consent to certain third parties including to:

Its lawyers
ASIC
Australian Charities and Not-For-Profit Commission
AFP or State Police
any third party where the investigating authority or public authority is of the opinion that disclosure of the identity of the whistleblower is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.

The Entertainment Grounds may disclose information contained in a Report without the consent of the whistleblower:

if the information does not include the identity of the whistleblower;
The Entertainment Grounds has taken all reasonable steps to reduce the risk that the whistleblower will be identified from the information and
It is reasonably necessary to investigate the issues mentioned in the Report.

4.4.Public Interest and Emergency Disclosure Reporting

The Entertainment Grounds encourages reporting of Reportable Conduct in the manner described in 4.1 to 4.2 above.

Reports made in “public interest” (Public Interest Disclosures) and “emergency disclosures” (Emergency Disclosures) are also protected. Under those circumstances, Reports can be made to an Eligible Public Recipient.

It is important to understand the criteria for making a Public Interest Disclosure or an Emergency Disclosures. See the Definitions above. We recommend that independent legal advice should be sought on the requirements for these types of disclosures.

4.5. False Reporting

Protections available to whistleblowers under this Policy will not apply to false or vexatious claims.

If it is discovered that the whistleblower knowingly and intentionally fabricated an accusation against an employee or associate of the organisation, for their own personal gain or with malicious intent, they may be subject to disciplinary action which may include up to and including summary dismissal.

4.6. Disclosure to Media

Protections are not offered to staff of The Entertainment Grounds who report internal wrongdoing to a journalist unless it can be established that the disclosures meet the relevant requirements of Public Interest Disclosures or Emergency Disclosures.

5. Responding to Reportable Conduct

5.1. Investigating Reportable Conduct

All Reports received will be reviewed and the WPO will in consultation with the CEO determine whether the Report falls within the Policy and whether an investigation is appropriate.

The WPO will determine whether the investigation should be conducted internally or with external assistance and whether legal advice is required.

In consultation with the CEO, the WPO will prepare an investigation plan which includes:

The key issues to be investigated.
The scope of the investigation, in proportion to the alleged wrongdoing.
Allocation of resources.

If the WPO believes they may have a conflict of interest by acting as WPO in the matter, the CEO will appoint an alternative WPO who must ensure that the matter is addressed without conflict of interest.

The Investigator will conduct the investigation promptly and in an objective and fair manner ensuring that every individual to whom the Report relates will be treated in a manner that is fair and objective; will be informed about the subject matter of the Report and is granted sufficient opportunity to reply to any claims raised before any adverse findings are made.

5.2. Documentation

As soon as practicable after the investigation is concluded, the WPO must prepare a report providing a summary of the facts of the suspected misconduct and of the findings of the investigation (i.e. whether the misconduct was substantiated or unsubstantiated). The report shall be provided to the CEO who shall ensure that appropriate measures are taken considering the findings in the report, which may include notification to regulatory and enforcement agencies.

The investigation report includes:

The allegations.
A statement of facts and the corroborating evidence.
Conclusions reached by the investigation.
Recommended amendments to organisational Policy to avoid future wrongdoing.

All documents relating to Whistleblowing reports and investigations must be kept securely and confidentially, and access to documents granted only when necessary.

The Whistleblower must be kept informed of the progress and outcomes of the investigation.

5.3. Review

Based on the recommendations made in any investigation report, the Chief Executive Officer will determine whether evaluation and amendments to any relevant organisational Policies should be undertaken to avoid future wrongdoing and increase organisational transparency.

5.4. Support and Protection for Whistleblowers

A Whistleblower who makes a report under this Policy in good faith, and who has not been involved in the conduct reported will not be penalised or disadvantaged because they have made a Report.

The Entertainment Grounds staff must not victimise, harass, or discriminate against anyone who raises a concern under this Policy or who participates in an investigation. Such victimisation, harassment or discrimination will be treated as serious misconduct and may result in disciplinary measures, up to and including summary dismissal. A Whistleblower or participant in an investigation who believes they have been penalised or disadvantaged, including by being subjected to victimisation, harassment, discrimination, or other unfavourable treatment, as a result of making a Report they should immediately report this to the WPO who will ensure the matter is investigated promptly.

Any person who is found to have penalised, threatened or disadvantaged a Whistleblower or participant in an investigation because of their status as a Whistleblower or witness to the alleged misconduct may be subjected to disciplinary measures, up to and including summary dismissal.

Where it is established by the investigation report that the Whistleblower has not acted in good faith or that they intentionally made a false, malicious, or vexatious report of alleged this may result in the Whistleblower being the subject of disciplinary measures, up to and including summary dismissal.

Whistleblowers can access support from external Whistleblower support services, e.g. Australian Securities and Investment Commission (ASIC) 1300 300 630: within Australia.

6. Responsibilities

6.1. All Employees

All employees are encouraged to be familiar with this Whistleblower Policy and cooperate with the organisation in maintaining legal, proper, and ethical operations. Where an employee has a genuine belief and with reasonable grounds over a Reportable Conduct, they are encouraged to act honestly and report their concern.

6.2. Whistleblower Protection Officer (WPO)

The WPO is responsible for safeguarding the interests of the Whistleblower. The People and Culture Advisor is the appointed WPO. The WPO is responsible for providing support and protection to the Whistleblower by immediately assessing the welfare of the Whistleblower and offer a supportive environment.

The responsibilities of the WPO include:

Implementing the Whistleblower program under this policy.
Initial response to an accusation of wrongdoing.
Ensuring the protection and anonymity of the Whistleblower, where possible.
Conducting or assisting in investigations into alleged wrongdoings.
Informing the Whistleblower of the progress and outcomes of investigations.
Ensuring that Whistleblower does not suffer any retaliation or adverse consequences
Providing support and referrals for both Whistleblowers and those accused of wrongdoing

The Entertainment Grounds will ensure that all people associated with the organisation know who the designated WPO is and their contact details.

6.3. Chief Executive Officer

The responsibilities of the CEO under this Policy include:

monitoring the overall effectiveness of the Whistleblower program.
providing support to the Whistleblower.
implementing the Whistleblower policy.
appointing the WPO.
ensures that each disclosure of wrongdoing is appropriately investigated and oversee investigations into any retaliatory action taken against the Whistleblower.
take all reasonable steps to protect the identity of a Whistleblower and maintain confidentiality throughout the investigation process.

7. Procedures

7.1. Development and Review of this Policy

This Whistleblower protection policy established in consultation with management and employees, including consideration of their views on reporting mechanisms.

The Board is responsible for implementing the Policy, encouraging a culture of “speaking up”, and evaluating and making improvements to the effectiveness of the Policy.

This Policy is reviewed and evaluated for effectiveness every three (3) years, ensuring that it reflects the most up-to-date legal and corporate governance requirements. Any changes made to the Policy are communicated to all staff and volunteers.

7.2. Awareness and Education

The Entertainment Grounds informs and educates its staff, contractors, and volunteers of the Whistleblower policy, procedures for reporting, and the protections available to them to facilitate a safe environment in which concerns of misconduct may be voiced without reprisal.

Whistleblowers must ensure as far as they are able that their report is factually accurate, complete, based on first-hand knowledge, without material omission and presented in an unbiased fashion.

The report must be as detailed as practicable and include (but not be limited to):

the exact nature of the alleged misconduct believed to have occurred.
when the alleged misconduct took place if known.
where the alleged misconduct took place if known.
who was involved in the alleged misconduct.
the names of witnesses who may know information that is relevant to investigating the alleged misconduct.

Staff involved in the management of Whistleblower reports will receive appropriate training in dealing with reports, investigation, and supporting Whistleblowers and staff who are the subject of allegations.

The Whistleblower Policy is accessible to all staff, is provided during onboarding, and can be accessed from the local shared drive and Tanda time and attendance system.

RELEVANT DOCUMENTS

Legislation

Tax Administration Act 1953

Fair Work Act 2009

Corporations Act 2001

Related Links

Whistleblower protections for not-for-profit organisations.

www.asic.gov.au

ASIC Regulatory Guide RG 270.

Download Whistleblower Policy – The Entertainment Grounds