Archives for September 2025

In Australian workplaces, “misconduct” is a broad term covering behaviour that causes harm, breaches trust or undermines safety. Understanding what falls within this category, the reporting avenues available, and the benefits of independent complaints and whistleblowing service is critical for maintaining integrity and compliance.

What Counts as Misconduct Under Australian Workplace Laws?

Workplace misconduct can take many forms, including:

• Bullying, harassment, discrimination, or sexual harassment – conduct that undermines dignity, wellbeing, or safety.
• Fraud, corruption, theft, or bribery – breaches of trust that may also amount to criminal offences.
• Work health and safety breaches – failure to follow safety protocols or engaging in behaviour that endangers others.

Depending on the circumstances, such matters may be addressed internally or referred to external agencies such as the Fair Work Ombudsman, the Fair Work Commission, Safe Work Australia, state-based workplace health and safety regulators, state-based industrial relations authorities, or anti-corruption bodies.

Current Reporting Options — and Their Anonymity Pitfalls

Most organisations offer multiple avenues for raising concerns. These may include direct reporting to a manager, lodging a formal complaint with human resources, submitting information through an internal form or hotline, or contacting relevant regulators.

While some of these channels claim to support anonymous disclosures, anonymity is not always guaranteed. Technical information such as email metadata or IP addresses, along with the level of detail in the complaint, can inadvertently reveal the reporter’s identity. In smaller workplaces, contextual clues alone may point to the source. In addition, where reporting processes remain internal, concerns about bias, conflicts of interest, or inadequate follow-up may discourage individuals from coming forward.

Why a Secure and Anonymous Workplace Complaints and Whistleblowing Service Makes Sense

At one end of the scale, an independent, purpose-built whistleblowing and or complaints platform addresses many of these shortcomings. Emverio’s service, for example, operates entirely outside the employer’s systems, ensuring impartial handling of reports and reducing the influence of internal politics, with the oversight of designated key personnel within the business.  We do not take any action without prior consent and consultation from those key personnel.  If you are reporting misconduct, you can talk to us about who those key personnel are and we can disclose those to you to ensure that there are no conflicts.

The platform incorporates privacy safeguards such as encryption and the removal of identifying information, significantly lowering the risk of exposure. It also uses structured reporting tools to prompt clear, detailed submissions, which assists investigators in assessing and addressing the matter effectively.

A further advantage is the ability to maintain secure, two-way communication without revealing the reporter’s identity. This allows investigators to request additional information and provide updates, fostering transparency while preserving confidentiality.

Importantly, the service is aligned with Australia’s whistleblower protection laws under the Fair Works Act of 2009, Corporations Act of 2001, Public Interest Disclosures Act of 2022 (NSW) and relevant public sector disclosure regimes, helping to ensure reporters are legally shielded from victimisation or retaliation.

Raising concerns about workplace misconduct is an essential step in supporting organisational integrity, protecting staff, and complying with legal obligations. Independent services such as Emverio offer a confidential and secure avenue for these disclosures, providing both impartiality and robust safeguards.

At the other end of the scale, where complaints are not serious or warrant further investigation, we are able to support any communications around reasonable management action and support any processes currently being implemented and reinforce those actions, giving the action more credibility and helping the complainant understand the process.

For employees or stakeholders who are considering reporting misconduct, an external platform can make the process safer and more effective. By choosing a channel that prioritises privacy, offers structured reporting, and ensures impartial investigation, individuals can take that step with greater confidence, knowing their concerns will be taken seriously and their identity protected.

Disclaimer

This article provides general information only and should not be taken as legal advice. For advice specific to your circumstances, please seek independent legal guidance. 

The recent sexual assault allegations emerging from Victoria have sparked national outrage, exposing serious flaws in a system meant to protect our youngest and most vulnerable. Families were blindsided – only learning of allegations when they were made aware by police and government authorities. The revelations have prompted widespread media scrutiny, raising urgent questions: How could such abuse go unnoticed for so long? And did the childcare providers know more than they were letting on?

In the wake of these devastating events, another critical question emerges: What if there had been an independent, external complaints line?

Why don’t people report?

When working closely with colleagues, it can be sometimes difficult to comprehend and process behaviours observed.  We often hear complainants reflect that ‘they didn’t know what to do’ or ‘they weren’t able to comprehend fully at the time’.  Often when people start in a new position, they observe behaviours that appear to be normalised and find it difficult to unravel whether the behaviour should be reported, particularly if others in the workplace are not alarmed by the behaviours.  They may hear words to the effect of ‘oh, that’s just Bob (or Mary), they are just like that.  Many times workers do not want to risk losing their own positions by reporting, even if they have been subjected to the behaviour themselves.  At worst, people may worry of being subjected to a difficult worklife if they report, and at worst losing their own employment.  Some workers are casual and are at high risk of losing the work they have by reporting.

What is an External Complaints Line?

An external complaints line is a safe, anonymous service, independent of the organisation, where staff, parents, and others can report concerns confidentially. It is designed to triage complaints early, identify patterns, escalate them appropriately, ensure that key personnel are made aware of any serious allegations, so that they can investigate them early and take appropriate action.

It allows concerns to be raised with the right people, bypassing direct internal filters that could delay or suppress the right internal decision makers. In cases like Victoria, this could have meant the identification of trends, reporting to senior key contacts within the business, meaning earlier intervention, investigation and appropriate warranted actions, including termination and reporting to authorities.

The Power of an Independent Option

Concerns like sexual harassment, bullying, discrimination or event fraud can happen in any workplace. That’s why having a secure, independent way to report issues, not just whistleblowing concerns, is so important.

Early intervention is key when it comes to addressing workplace concerns—especially in environments where the wellbeing of children and vulnerable individuals is at stake. When complaints are captured and addressed promptly, organisations can prevent harm, support staff more effectively, and foster a culture of openness and accountability.

Yet all too often, serious issues go unreported in the workplace. Individuals may remain silent out of fear—fear for their safety, their job security, their future career prospects, or possible retaliation from those in positions of power.

This is where a confidential, independent reporting process becomes vital. By removing the risks associated with speaking up, such mechanisms empower individuals to come forward safely and ensure concerns are heard and managed with integrity. In doing so, organisations not only protect their people—they build trust, strengthen culture, and uphold the standards their communities expect.  In addition, where complaints are reasonable management action they are reinforced via this process giving credibility to internal processes.

What Could Have Been Different?

If an external reporting service had been in place:

• Concerns could have been documented and investigated earlier, potentially stopping harmful behaviour sooner.

• Staff may have felt empowered to act, reassured that their concerns wouldn’t be ignored or used against them.

• Parents and guardians could trust in a system that gave them a voice and ensured their children’s safety
• Childcare centres could rely on a safe, dependable service to protect their communities – most importantly the youngest and most vulnerable populations.

The question isn’t just what could have been different in Victoria – it is how many other centres might be sitting on concerns, waiting for someone to do something about it.

A Safer Path for the Future

Emverio Workplace Complaints and Whistleblowing Service is an independent complaints scheme providing safe and robust reporting processes for complainants and workplaces. We offer an impartial and trauma-informed platform for staff, families, and other stakeholders to raise concerns—whether related to misconduct, safety, or systemic issues.