This policy applies to the Australian operations of Mitsui & Co (Australia) Ltd and Mitsui NZ Limited (“Mitsui”).
- Mitsui is committed to protecting whistleblowers and recognises the important role they play in detecting misconduct. Employees and officers are encouraged to report their concerns and are responsible for understanding and complying with this Policy.
- This Policy provides processes and protections provided by Mitsui for such protected disclosures.
2.When does this Policy apply?
- If you report a serious misconduct that is a discloseable matter (see Section 5) to an eligible recipient (see Section 4), you are an eligible whistleblower (see Section 3) protected under the Whistleblower Regime. Disclosures made in accordance with the requirements of the Whistleblower Regime are called protected disclosures.
3.Who is an eligible whistleblower?
- You are an eligible whistleblower if you are:
- (a) a current or former officer or employee of Mitsui or its related body corporate;
- (b) a person who supplies goods or services to Mitsui, and employees of those suppliers (e.g. contractor, secondee); or
- (c) a relative, dependent, or spouse of a dependent of any of the above persons.
4.How can you make a protected disclosure?
- There is no requirement for disclosures to be made in a particular form. Disclosures may be made in writing (e.g. via email), in person or via telephone, on anonymous basis.
- If you become aware of any issue or behaviour that you consider to be a discloseable matter, you may make a report to our Chief Administrative Officer:
- (a) in writing (letters) to Mitsui & Co (Australia) Ltd;
- (b) by email to SpeakupMELAA@dg.mitsui.com ; or
- (c) by telephone at +61 3 (61-3) 9605-8851.
5.What is a ‘discloseable matter’ qualifying for protection?
- 5.1 Misconduct
- Information is a discloseable matter if the discloser has reasonable grounds to suspect that the information disclosed concerns misconduct or an improper state of affairs or circumstances in relation to Mitsui including fraud, negligence, default, breach of trust and breach of legal duty which may constitute an offence under the law as well as information that indicates a significant risk to public safety or the stability of the financial system.
- 5.2 No personal work-related grievances
- A disclosure about a personal work-related grievance does not qualify for protection. A personal work-related grievance is generally one about any matter in relation to the discloser's current or former employment or having (or tending to have) implications for the discloser personally, such as:
- (a) personal conflicts within the workplace;
- (b) decisions relating to engagement, promotion and termination of employees; and
- (c) ordinary workplace bullying disputes.
- However, whistleblower protections do apply if the disclosed information relating to a personal work-related grievance:
- (d) concerns a contravention, or an alleged contravention of the prohibition of victimisation under the Whistleblower Regime; or
- (e) concerns conduct, or alleged conduct that falls under 5.1 above.
6.What kind of protections are available to whistleblowers?
- Mitsui will make take all reasonable steps to protect a whistleblower and take actions when it considers appropriate.
- 6.1 Confidentiality
- Eligible recipients must maintain strict confidentiality of the identity of a whistleblower and any information that would lead to their identification (Confidential Information) unless one of the following exceptions applies:
- (a) if the disclosure is made with the consent of the whistleblower;
- (b) if the disclosure is made to:
(i) a prescribed regulator or the police; (ii) a legal practitioner for the purposes of obtaining advice or legal representation in relation to the operation of the Whistleblower Regime; or
- (c) in the case of information that may lead to the identification of the whistleblower:
(iii) the disclosure is reasonably necessary for the purpose of investigating the original, protected disclosure; and (iv) all reasonable steps are taken to reduce the risk that the whistleblower will be identified.
- 6.2 No legal action
- Whistleblowers are protected from certain legal action taken because of the disclosure, including:
- (a) civil, criminal, and administrative (including disciplinary) action against the whistleblower; and
- (b) contractual action, including termination of a contract on the basis that making a disclosure is a breach of that contract.
- 6.3 No victimisation (i.e. detriment and threats)
- Mitsui strictly prohibits any unlawful conduct against a whistleblower that causes or will cause any “detriment” which includes (without limitation):
- (a) dismissing an employee;
- (b) injuring an employee in their employment;
- (c) altering an employee's position or duties to their disadvantage;
- (d) discriminating between an employee and other employees;
- (e) harassing or intimidating a person;
- (f) harming or injuring a person;
- (g) damaging a person's property, reputation, business or financial position; or
- (h) any other damage to a person.
- Not only actual detriment but also threats of detriment (whether express or implied, conditional or unconditional) is unlawful.
- 6.4 Workplace right
- It is your workplace right to make a disclosure that qualifies for protection under the Whistleblower Regime. Mitsui is prohibited under the law from taking adverse action against employees or contractors because they have, have exercised or propose to exercise any workplace right.
7.How Mitsui will investigate disclosures?
- 7.1 Assess and decide whether to investigate
- A report made under section 4 will be reported to the Chief Administrative Officer of Mitsui Australia (CAO)(or CEO in case a report is made against CAO), who then will carry out a preliminary review of the report and decide whether the reported conduct raised should be investigated.
- The CAO will advise you of the decision whether to investigate unless the report is made anonymously.
- If the CAO decides that the reported conduct will be investigated, the CAO will conduct an investigation and the CAO may delegate the investigation to another officer within Mitsui or an external investigator who is appropriate and suitable for the matter in question.
- 7.2 How an investigation will be conducted
- Investigations will be conducted in a fair, timely, consistent and unbiased manner as the circumstance allow and will be independent of the person(s) about whom a reported conduct has been made.
- The CAO or his/her delegate will, as appropriate, provide you with feedback on the progress.
- Unless there are restrictions or other reasonable bases for doing so, the CAO or his/her delegate will inform a person against whom a reported conduct has been made of the report and will provide an opportunity for them to respond or explain in relation to a reported conduct in a strict and confidential manner.
- 7.3 How an investigation ends
- The CAO or his/her delegate may conclude the investigation with a report which includes findings on the reported conduct and a summary of the evidence on which the findings are based. The findings may include (but are not limited to) recommended actions, disciplinary actions or no action required.
- To the extent permitted under applicable laws, the CAO or his/her delegate may inform you and / or a person against whom the reported conduct has been made (by you) of the findings.
- 7.4 Escalation if you are not satisfied
- If you are:
- (a) a whistleblower and suffer any victimisation; and / or not satisfied with the findings of the investigations; or
- (b) named in the report and not satisfied with the findings and / or if you consider the investigation was not adequately conducted;
- you may request the CAO to escalate to the CEO.