Terms & Policies

1. Scope

Tyre and Auto Pty Ltd trading as mycar Tyre & Auto ABN 57 164 707 484 (mycar), part of the Continental AG Group, is committed to the highest standards of conduct and ethical behaviour in all our business activities and to promoting and supporting a culture of honest and ethical behaviour, corporate compliance and good corporate governance.

We encourage people to raise concerns of unethical, illegal, fraudulent or undesirable conduct (where there are reasonable grounds for doing so), in confidence and without fear of intimidation, disadvantage or reprisal.

We will not tolerate retaliation, discrimination, or disciplinary action against anyone who raises reasonable concerns of attempted, actual, or suspected misconduct or violations of any provision of the Code of Conduct or other relevant policies and procedures.

This Policy is available to directors, officers, and team members via the mycar intranet (Drive Online) as well as to non-employees and others via the mycar website. It forms part of the company’s risk management system and corporate governance framework.


2. Application

This Policy applies to all current or former officers and team members, casual team members, senior managers, and directors of mycar as well as others with a connection to mycar such as current or former contractors, consultants, service providers, suppliers and business partners and their employees. It also applies to a relative, dependent or spouse of any of these people.

The above disclosers within and outside the company (Eligible Whistleblowers), can make a disclosure that qualifies for protection under this policy. This Policy also has application to other persons who are Eligible Whistleblowers who have special protections under the Corporations Act 2001 (Cth) (Corporations Act) and Taxation Administration Act 1953 (Cth) (Taxation Administration Act).

This Policy does not apply to customer complaints or concerns raised about mycar and its team members. Customers may raise their concerns with the mycar Care Team by calling 1800 065 010 or via email careteam@mycar.com.au.

Matters the Policy applies to
You may make a report under this Policy if you believe or suspect that a director, officer, senior manager, team member, contractor, supplier, tenderer or other person who has business dealings with mycar, has engaged in Reportable Conduct, as defined below.



3. What is Reportable Conduct and when is it protected by Whistleblower provisions?

Protected disclosures are defined at section 1317AA (4) of the Corporations Act. A notification of Reportable Conduct will be assessed in accordance with Whistleblower protection provisions, and you will be notified of this assessment. Reportable Conduct outlined below will be a disclosure that qualifies for the Whistleblower protections.

Reportable Conduct includes any conduct of a director, officer, senior manager, team member, contractor, supplier, tenderer, or other person who has business dealings with mycar, whether actual or suspected, which:

  • Is dishonest, fraudulent, or corrupt, including bribery or other activity in breach of the mycar Gifts, Hospitality and Anti-Bribery Policy or the Continental Corporate Policy on Anticorruption.
  • Is an illegal activity (such as theft, violence, harassment or intimidation, criminal damage to property or other breaches of state, territory, or federal law) where the potential penalty is 12 months imprisonment or more.
  • Is unethical or in breach of mycar’s policies (such as dishonestly altering company records or data, adopting questionable accounting practices or a wilful breach of the Code of Conduct).
  • Involves harassment, discrimination, victimisation, or bullying, other than personal work-related grievances as defined in the Corporations Act.
  • Involves other misconduct, improper state of affairs, or circumstances as defined in the Corporations Act, Taxation Administration Act, or areas subject to Australian Prudential Regulatory Authority (APRA) supervision, such as insurance or superannuation.

Conduct that is not illegal but indicates systemic issues will also be disclosable. See section 1317AA Corporations Act for further information.

A Whistleblower is not required to have proof of the conduct to report it. Provided the discloser has reasonable grounds for reporting the conduct, they will still be entitled to protection in accordance with the Policy. However, if a person deliberately submits a false report, they will not be able to access the Whistleblower protections under the Corporations Act.



4. What is not Reportable Conduct or a protected disclosure?

Personal work-related grievances such as interpersonal conflict, decisions about transfer or promotion that relate to terms and conditions of employment or disciplinary matters as defined in the Corporations Act are generally not reportable conduct under this Policy. While these topics do not qualify for special protection under legislation that protects Whistleblowers, we encourage complaints about such matters to be made through the normal channels open to team members at mycar, in accordance with the mycar Fair Treatment Policy. This includes through your manager, the People & Culture team, or the Compliance & Anti-Corruption Hotline (Hotline).

There may be some instances where a personal work-related grievance still qualifies for protection if a workplace dispute identifies issues falling within the above categories. When this is determined to be the case by the Whistleblower Protection Officer, a report will be considered Reportable Conduct and handled in accordance with this Policy.


5. Who can I make a report to and how?

mycar has several channels for making a disclosure if you become aware of an issue or behaviour which you consider to be Reportable Conduct. Depending on your wish for anonymity and personal preference, you can either use the Hotline or contact the Whistleblower Protection Officer directly.

You may remain anonymous or use a pseudonym when making a report if you wish. You may also make the complaint in a way that identifies you as requiring protection but require that your identity as a discloser, or any information that may tend to identify you, be kept confidential and anonymised.


To the Hotline

The Hotline is a confidential service provided by an offshore external provider who will raise the matter with Continental Group Audit (Group Audit) and Continental Group Compliance (Group Compliance). To follow and act in the spirit of the relevant Australia Whistleblower Protection requirements, Weir Consulting (National) is engaged by Continental and it is embedded in the Hotline process.

Any matter that is assessed as a protected disclosure will be handled by Weir Consulting in accordance with the express confidentiality and anonymity requirements of the discloser. Depending on the requirements and circumstances, the recommendation may be to refer to the Police, a regulator such as the ATO or ASIC, to proceed to investigation by Weir Consulting or another independent investigator or to manage locally. Any reporting to Group Audit or Group Compliance will be with the consent of the discloser. Where strict anonymity or confidentiality requirements apply, only statistical data will be reported.

By choosing to use the Hotline as a discloser you are consenting to recording and handling of the information you provide. If you provide your contact details to the Hotline, those contact details will only be provided to the Whistleblower Protection Officer. The information will only be provided to Group Audit or Group Compliance if you consent.

You can contact the Hotline on 02 8279 8637 or report online. You can use the QR Code for information.

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To a Whistleblower Protection Officer

You may make a report directly to the mycar Whistleblower Protection Officer: Legal & Compliance Counsel in the Store Support Office:

  • By telephone on 0437 968 510
  • In writing and marked “confidential” addressed to the Whistleblower Protection Officer at PO Box H203, Australia Square, NSW 1215.
  • By email whistleblower@mycar.com.au.

Alternatively, you may make a report to the external Whistleblower Protection Service: Amanda Harvey, Weir Consulting::

If you provide your contact details to the Whistleblower Protection Officer, those contact details will only be provided to the Group Compliance and Group Audit if you consent.


Other Eligible Recipients

In addition to the Hotline and Whistleblower Protection Officer, individuals may raise their concerns with any other Eligible Recipient prescribed by law in section 1317AAC Corporations Act 2001, such as an officer or senior manager of the company (including a director, company secretary or a member of the Senior Leadership Team), a relevant regulator such as the Australian Securities and Investments Commission (ASIC), the Tax Commissioner, or the internal or external auditor of mycar. You are also able to make the disclosure to a legal practitioner for the purpose of obtaining advice.

There are special circumstances where you can make the disclosure as a secondary disclosure to journalists or Ministers of Parliament, but strict conditions must be met as set out at s1317AAD Corporations Act


Anonymity and confidentiality

Whistleblowers may choose to remain anonymous, or for the details they provide to be kept strictly confidential or limited. The Hotline operator or Whistleblower Protection Officer will not disclose the identity of any Whistleblower without receiving their consent first. Any discussion with the Hotline will be on a strictly confidential basis. If a Whistleblower agrees to provide their identity via the Hotline, the disclosure will be assessed, and the person notified of protections. No identifying information or contact details will be provided to Group Audit and Group Compliance without the Whistleblower’s consent.

The Whistleblower Protection Officer is able to disclose a complaint without the Whistleblower’s consent to ASIC, the Tax Commissioner or the AFP or where compelled by law to do so to meet mycar obligations.


Investigation

Where an investigation is undertaken reports will be directed to Group Audit and Group Compliance, assessed and, where possible and necessary, investigated. If you make a reportable conduct / protected disclosure anonymously, with a pseudonym or otherwise place restrictions on the ability to use the information you provide because the information may by its nature disclose your identity, this may affect the ability of mycar to investigate the matter or for findings to be made, though effort will be made to make reasonable enquiries. Where this is the case, you may be asked to consent to disclosure or to disclosure on a limited basis based on the circumstances of the matter.

Any investigation will be conducted in a timely, thorough, confidential, objective, and fair manner having regard to the circumstances of alleged conduct. The emphasis for any investigation will be to ensure adequate protection of disclosers, the collation and review of relevant evidence and obtaining relevant information from persons named in the disclosure where it is possible to do so.

The discloser will be advised if the disclosure is assessed as not being a protected disclosure, is not covered by the Whistleblower Policy or where it is considered that an investigation is not required. Where the matter is investigated, the Whistleblower will be provided with a general report on the outcome of any investigation, recommendations arising, or steps taken, to the extent these matters are able to be disclosed without breaching confidentiality requirements.

Where an investigation identifies potential wrongdoing or conduct capable of amounting to misconduct, the report will, where required, be escalated to the appropriate regulatory body. Misconduct allegations arising from the disclosure and investigations process will be the subject of separate misconduct investigation and the subject of any such allegations will be accorded procedural fairness.

Where a matter has already been investigated through an alternative grievance procedure mechanism and the discloser separately raises the matter as being a case of Reportable Conduct or protected disclosure, consideration will be given as to whether the matter should be re-investigated or investigated by an external party.


6. Protection of Whistleblowers

The purpose of this Policy is to encourage team members and other relevant third parties to raise any concerns without fear of intimidation, disadvantage, or reprisal. mycar is committed to ensuring confidentiality in all matters raised under this Policy. Whistleblowers will not be personally disadvantaged in their employment at mycar by having made a report in accordance with this Policy.


The following protections are available to Whistleblowers:

  • (a) Protection against detrimental conduct
Detrimental conduct includes dismissal, demotion, injury of an employee in their employment, alteration of an employee’s position or duties to their disadvantage, harassment, discrimination, disciplinary action, bias, injury to a person (including psychological harm), damage to a person’s property or reputation, or their business or financial position or any other damage connected with making a report.

If you believe you have been subjected to detrimental treatment as a result of making a report or because you may make a report under this Policy, you should inform the Whistleblower Protection Officer immediately, or make a separate report under this Policy.

Actions that do not constitute detrimental conduct include administrative action that is reasonable to protect the discloser (for example, moving the discloser to another workspace or store) or managing a discloser’s unsatisfactory work performance in line with the employer’s performance management framework.

The following legal protections are also available to you for making a report:

  • Protection from civil, criminal, or administrative legal action.
  • In some circumstances, protection from having to give evidence in legal proceedings.
  • Compensation or some other legal remedy if you have suffered detriment because of someone else’s belief or suspicions that you have made a report.

However, the discloser can still be pursued for having made a false disclosure and in connection with the discloser’s own conduct which is revealed by the matters highlighted in the disclosed information (i.e. the discloser’s own conduct in the misconduct, improper affairs or other circumstances which are revealed by the protected disclosure).

For mycar team members and their immediate family members, the Employee Assistance Program (EAP) provides free, confidential, short term support services by qualified professionals either face to face, over the phone or over the internet.


7. Reporting procedures

As part of the existing compliance reporting program, mycar will use reporting to address any systemic issues at a broader level. Provided confidentiality and anonymity requirements allow, Group Audit will notify relevant members of the mycar Senior Leadership Team regarding investigations and the outcomes and report to the Continental Board on anonymised complaints made to the Hotline.


8. Policy improvement

This policy will be subject to progressive review and improvement. Feedback from team members is welcome. More information and guidance material is available from ASIC.


9. Contact

Whistleblower Protection Officer Tyre and Auto Pty Ltd, PO Box H203, Australia Square, NSW 1215
Email whistleblower@mycar.com.au
Hotline 02 8279 8637

 

Last updated: 29 March 2022

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