Terms & Policies

Last updated 8 January 2020

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 actions 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 made available to directors, officers and team members via the mycar intranet (Drive Online) as well as to non-employees and others via the external website (www.mycar.com.au). 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. 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?

Since the introduction of enhanced Whistleblower protections, this policy has been amended to provide required details for protections at law for certain types of disclosures. Protected disclosures are defined at section 1317AA (4) of the Corporations Act. In making a Reportable Conduct notification, your notification will also be assessed in accordance with Whistleblower protection provisions and you will be notified of this assessment. Most Reportable Conduct outlined below will also be a disclosure that qualifies for the new 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 and Anti-Bribery Policy or the Continental Corporate Policy on Corruption Prevention.
  • Is 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 this will be covered by Whistleblower protections.
  • 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 mycar Code of Conduct or the Continental Code of Conduct.
  • Involves harassment, discrimination, victimisation or bullying, other than personal work-related grievances as defined in the Corporations Act.
  • Involves any other kind of misconduct or 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 2001 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, it should be noted that 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. Complaints about such matters can be made through the normal channels open to team members at mycar to raise such issues, in accordance with the mycar Fair Treatment Policy.

There may be some instances where a personal work-related grievance may still qualify for protection if a workplace dispute identifies issues falling within the above categories. When this is determined to be the case by a 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 that qualifies for protection.Depending on your wish for anonymity and personal preference, you can either use the Compliance and Anti-Corruption Hotline or contact a 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 Compliance and Anti-Corruption Hotline

The Compliance and Anti-Corruption Hotline is a confidential service provided by an external provider who will raise the matter with Corporate Audit as well as Corporate Compliance of Continental, in accordance with the protocols regarding confidentiality set out in this Policy. In addition, the matter will be raised with the Whistleblower Protection Officer (refer to details below) to ensure mycar meets its legal obligations for its outsourced functions (for example, obligations relating to confidentiality).

Some of the hotline facilities may be provided by offshore service providers. By choosing to use the telephone hotline as a discloser you are consenting to recording and handling of the information you provide by an offshore party. If you provide your contact details to the Compliance and Anti-Corruption Hotline Operator, those contact details will only be provided to the Whistleblower Protection Officer if you consent.

You can contact the Compliance and Anti-Corruption Hotline on 02 8279 8637 or +491802384427 or report online https://continental.integrityplatform.org/index.php

You can use the QR Code for information

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To the Whistleblower Protection Officer

You may also make a report directly to the mycar Whistleblower Protection Officer: the Legal & Compliance Counsel in the Store Support Office on 02 96806574.

Alternatively, you may make a report in writing and marked “confidential” addressed to the Whistleblower Protection Officer at PO Box 1375, Castle Hill, NSW, 1765 or email whistleblower@mycar.com.au.


Other Eligible Recipients

In addition to the Compliance and Anti-Corruption Hotline and Whistleblower Protection Officer, individuals may also raise their concerns with any other Eligible Recipient prescribed by law at section 1317AAC of the Corporations Act 2001 (linked), 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 section 1317AAD – public interest disclosure and emergency disclosure (linked).


Investigation

All reports will be directed to Corporate Audit as well as Corporate Compliance of Continental, assessed and where possible and necessary, investigated. Any investigation will be conducted in conjunction with mycar and its Whistleblower Protection Officer, as legally required. 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, mycar may request you 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. mycar will be responsible for any decision to investigate, will determine its scope, the appropriate investigator for the matter and any technical, legal or financial advice required. 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 business will advise the Whistleblower if it deems that an investigation is not required. The Whistleblower will also 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 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.


Anonymity and confidentiality

Whistleblowers may choose to remain anonymous, or for the details they provide to be kept strictly confidential or limited. The Compliance and Anti-Corruption Hotline Operator or Whistleblower Protection Officer will not disclose the identity of any Whistleblower without receiving their consent first. Any discussion with the Compliance and Anti-Corruption Hotline will be on a strictly confidential basis. If a Whistleblower agrees to provide their identity via the Compliance and Anti-Corruption Hotline, the Hotline Operator will not disclose it to any person outside Corporate Audit and Corporate Compliance of Continental without their consent.

The exception to this rule is where mycar is required to disclose a Whistleblower’s identity (if known) to ASIC, the Tax Commissioner or the AFP, or when compelled by law to do so. The Whistleblower Protection Officer is able to disclose a complaint without the Whistleblower’s consent to ASIC, the Tax Commissioner or the AFP.


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 and fairness 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; or
  • 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).

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

(b)Protection of your identity and confidentiality

Subject to compliance with legal requirements, upon receiving a report under this Policy, mycar will only share your identity as a Whistleblower or information likely to reveal your identity, if you consent; or a disclosure is made to ASIC, the Tax Commissioner or the AFP; or a disclosure is made to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the operation of Whistleblower laws under the Corporations Act

(c)Protection of files and records

All files and records created from the investigation will be retained securely. Unauthorised release of information to someone not involved in the investigation (other than senior managers or directors who need to know to take appropriate action, or for corporate governance purposes) without your consent as a Whistleblower will be a breach of this Policy. Any such breach will be regarded as a serious matter and will be dealt with under mycar’s disciplinary procedures.


7. Reporting procedures

As part of the existing compliance reporting program, mycar will also report to the Tyre and Auto Pty Ltd Board on the number and type of Whistleblower incident reports annually, to address any systemic issues at a broader level. These reports will be made on a “no names” basis, maintaining the confidentiality of matters raised under the Policy. In addition, serious and/or material Reportable Conduct will be considered by the Whistleblower Protection Officer for immediate referral to the Senior Leadership Team.


8. Policy amendment

This Policy cannot be amended without the approval of the Tyre and Auto Pty Ltd Board. It will be reviewed from time to time to ensure it remains effective and meets best practice standards and the needs of mycar.


9. Policy improvement

mycar has always had a Whistleblower/reportable conduct policy, and with the introduction of legislation protecting Whistleblowers it is attempting to maintain the legacy of reportable conduct policy and properly communicate enhanced legislative Whistleblower protections. This policy will be subject to progressive review and improvement, and feedback from employees is welcome. More information and guidance material is available from ASIC https://download.asic.gov.au/media/5340534/rg270-published-13-november-2019.pdf


10. Contact

Whistleblower Protection Officer, Tyre and Auto Pty Ltd PO Box 1375, Castle Hill, NSW 1765
Email whistleblower@mycar.com.au
Hotline 02 8279 8637


11. Policy Details

Last updated: 25 May 2020

Version: 2.0

Policy Owner: Legal & Compliance Counsel

Policy propagation: This policy will be available on the mycar internal intranet and on mycar.com.au and updates will be the subject of reminder emails.

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