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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.

Many people hesitate to report workplace whistleblowing concerns—not because they want to ignore the problem, but because they fear what might happen if their identity is revealed. You may worry about:

• Your career being damaged
• Workplace relationships being compromised
• Losing your job or being unable to find another in your industry
• Your concern not being “serious enough” to report
• Your workplace lacking the capacity to respond properly

To reduce barriers to reporting, many organisations now engage third-party providers (like Emverio Workplace Complaints and Whistleblowing Service) to receive and assess whistleblowing disclosures and / or workplace grievances.

Whistleblowing Disclosures in Australia – Can I Stay Anonymous?

Yes, in many circumstances you can. Australian law supports anonymous disclosures, but how well your anonymity is protected depends on the system in place and how the information you provide is managed.

Emverio can receive disclosures anonymously if we are listed as an eligible recipient in the workplace whistleblowing policy. An eligible recipient is a person, or organisation, legally authorised to receive whistleblowing disclosures—for example, a senior officer, auditor, a lawyer or an approved external service provider.

It is important to check your workplace’s whistleblowing policy to see who is authorised to receive reports.

Anonymity Checklist for Whistleblowers:

1. Does your workplace have a Whistleblower Policy?

2. Does it list names of eligible recipients?

If you have answered yes to the above, then contact one of the eligible recipients to ensure you attract Whistleblower protections.

If you have answered no to the above, contact ASIC.

How Anonymity Works in Australian Whistleblowing Systems

Public Sector

The Public Interest Disclosure Act 2013 (PID Act) allows public officials to report serious wrongdoing without revealing who they are.  Emverio can also receive PID’s where we have been authorised to do so (check the policy).

Private Sector

Amendments to the Corporations Act (2019) give protections to employees, contractors, former workers, and others who report anonymously. Reports can be made to eligible recipients such as senior officers, auditors, ASIC, or APRA.

Limits to Anonymity

By law, your identity cannot be disclosed without your consent, except in very limited circumstances. However, in some situations the information you provide may, by its nature, make it possible for others to infer your identity. For example, if an investigation is required, your identity may be revealed, if, you are the only person that would have access to that specific information.

Case Example:

You are the Chief Financial Officer (CFO), and you become aware of some accounting anomalies in the Chief Executive Officer’s (CEO) expense account. Because you are the only person with access to this information, it may become obvious that you are the source of the report.

In such cases, strategies need to be developed to protect the anonymity of the person reporting – For instance, if Emverio is an eligible recipient, we may recommend the accounts be subject to an independent external forensic audit. Eligible recipients have a responsibility to use their best endeavours to protect the reporter’s identity.

Can You Trust Your Workplace’s Escalation System?

The level of anonymity and protection depends on the eligible recipients:

• Skills and expertise
• Absence of conflicts of interest
• Systems and protocols

A whistleblowing policy alone isn’t enough. A safe system must be both confidential and independent:

• Confidentiality means using secure technology, robust information storage, and experienced people to manage concerns and maintain anonymity.
• Independence means reports are received and managed by a third party who ideally doesn’t have any real or perceived conflicts of interest, such as a pre-existing relationship.

If you have lost confidence in your workplace’s internal process, you can consider external reporting options. Emverio Workplace Complaints and Whistleblowing Service can independently receive whistleblowing reports where the workplace has authorised us to do so.  Where the grievance is not a whistleblowing disclosure (for example a grievance about bullying or sexual harassment) we may be able to assist you to navigate how and who to raise your concern with.  Alternatively, you can contact ASIC to explore your options (for whistleblowing), and / or: the Fair Work Commission, the Fair Work Ombudsman, Safe Work Australia or your local State Workplace Health and Safety government department, to assist you with other grievances.

What Makes a Whistleblowing Mechanism Secure and Reliable?

The most effective systems go beyond minimum legal requirements, acting as a safeguard for everyone involved. The most effective systems:

• Use secure platforms to manage reports and store evidence.
• Provide anonymous reporting options.
• Have skills and expertise to conduct investigations.
• Understand the legal framework.

Key Takeaway

Yes—you can stay anonymous when making a whistleblowing disclosure in Australia. Both public and private sector laws protect your identity, but the effectiveness of those protections depends on:

• The reporting system in place.
• The protocols used by the eligible recipient.
• Whether independent and confidential processes are available.

Reporting to an External Third Party

Reporting through Emverio Workplace Complaints and Whistleblowing Service has key benefits:

• You may provide your identity and contact details, allowing us to keep you informed about progress (subject to being listed as an eligible recipient).
• We can work with you to develop strategies to protect your identity and use our best endeavours to maintain your anonymity with the information you provide.
• We do not disclose your identity or any information to the workplace without your consent.
• We can work with you to understand the limitations that need to be applied to the disclosure, or strategies to implement, prior to your decision to report.

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.

Workplace Mediation

Conflict within the workplace is inevitable.  Most organisations are made up of multi-disciplinary teams which are comprised of individuals who have different and various; opinions, views, tastes, values, communication styles (and skills), cultural backgrounds, personal challenges, levels of resilience, education, and industry expertise (to name a few).

However, where difference starts to escalate into conflict, and it is left unresolved, evidence demonstrates that it can contribute to:  the deteriorating mental health of individuals and the team, strained relationships, organisational disruption, silos, decreased productivity, increase of complaints and insurance claims, difficulty attracting and retaining skilled staff, absenteeism and presenteeism, reputational damage, the contamination of the broader team, expensive legal expenses and significant use of resources and time by all levels of staff.

Mediation (facilitated discussions) provide an efficient and inexpensive way to support employees and teams to identify the issues and resolve them quickly.  Where it is possible, Emverio Workplace Mediations gives companies the best opportunity to resolve escalating matters informally.

What is workplace mediation?

Workplace mediation is a process whereby a mediator is used to support individuals or groups within the workplace to identify the problems and develop solutions.

Where an issue cannot be resolved internally, provided the issue is not serious enough to warrant legal intervention, mediation can be an effective way to empower staff to engage constructively, repair workplace relationships and create their own solutions, without the need for implementing more formal interventions, such as the initiation of disciplinary action or performance management.

A mediator assists by facilitating a conversation between the parties involved with the aim of reaching a mutually agreed-upon outcome by helping them to identify and explore the issues, generate options for resolution, establish agreed actions and implement processes to keep everyone accountable.

Emverio Workplace Mediations use a model that is restorative and focuses on rebuilding trust and restoring amicable workplace relationships.  This can be implemented after a workplace investigation where relationships and teams may have become fractured, or it can just be two colleagues who have a professional disagreement that is now impacting their workplace relationship.

How does workplace mediation work?

Mediation assists participants to resolve conflict by guiding them to identify and explore issues, generate options, discuss accountability processes and commit to mutually agreed-upon outcomes.

The mediation process usually only takes one day and comprises three stages:

• Pre-mediation (intake sessions): The mediator meets with each party involved (including the employer) individually to clarify how the mediation process works, outline roles and responsibilities and discuss what will happen if they are able or unable to reach an agreement. It is also an opportunity for the participants to ask any questions and for the mediator to determine whether or not to progress to a joint session.
• Joint session (the mediation): The joint session involves the employees and the mediator. Usually management is not involved in the joint session.  The mediator is trained in using the Emverio workplace mediation model, ensuring that each participant gets the opportunity to contribute to; setting the agenda, exploring each item, creating options for resolution and making commitments.
• Post-mediation: Throughout the process the mediator works with all participants (including the employer) to discuss what will happen if the parties reach agreement and what structures to implement to ensure accountability with any commitments. We also talk about what will happen and agree on a process if the mediation fails.

Conveniently, this process is now offered online.  This means that you are not limited by jurisdiction and can choose any one of our accredited mediators. 

Where can I find workplace mediation services?

The Emverio group offers workplace mediation and training services through Emverio Workplace Mediations.

Our team of experienced and accredited workplace mediators, facilitators, trainers and coaches can support your team to build, maintain and repair relationships to foster a cohesive and collaborative workplace.

In addition to workplace mediation, Emverio Workplace Mediations can also provide workplace training and conflict coaching to support your business to build its internal workplace resolution and investigation capability.

Visit the Emverio Workplace Mediations website to find out more.

A complaints and whistleblowing service provides an independent avenue for organisational stakeholders to formally lodge any concerns or grievances they have relating to your business.  EWC is designed to take just whistleblower complaints, and / or other complaints normally received and dealt with by Human Resources and / or management (such as inappropriate conduct).  You can choose one or both services.

Having an independent partner to receive and process complaints, means that your;

• human resource team can get back to business; attracting and retaining staff, coaching, performance improvement strategies, implementing training and hiring and retiring staff, and
• you and your employees can have the confidence that expert (independent and external) conflict management consultants will be working with your team, and
• will give you the best opportunity to know about any serious misconduct and rogue behaviour as close to the incident as possible, as staff will have confidence in the process, and
• we will equip you and your team with the best opportunity to de-escalate complaints.

Issues such as sexual harassment, bullying, discrimination, fraud or other misconduct can occur in any type of organisation. A complaints and / or whistleblowing service provides a safe and secure reporting channel to ensure your business is equipped to receive and respond to complaints about rogue behaviour promptly and appropriately.

Where complaints are captured early, in most cases the issue can be managed effectively and early intervention measures can be implemented to effect positive organisational change and reforms. This approach can reduce the likelihood of similar events occurring in the future, while also fostering a more positive workplace environment.  Often complaints escalate as a result of dissatisfaction with the process used to address the concern.  This significantly reduces if not eliminates that risk.

How does a workplace complaints and whistleblowing service work?

Workplace complaints and whistleblowing services work as an independent partner to your business to receive, capture and monitor any complaints made by concerned stakeholders.

Complaints could be lodged by anyone in Australia including employees, volunteers, contractors, customers or anyone who has access to the organisation. They could relate to a wide range of issues including:

• sexual harassment
• bullying
• conflict of interest
• discrimination
• fraud
• inappropriate conduct
• theft
• organisational policy or procedure
• workplace safety and environment
• corruption
• other misconduct.

A complaints and whistleblowing service allows the organisation to identify and manage issues promptly and appropriately by following a tried-and-tested process which ensures all relevant information is captured.

The complainant (person complaining) will be asked to provide a detailed account of the incident including times, dates, what happened and who was present, along with any other relevant information or materials. They will also need to provide consent to disclose the complaint / and or their identity to the company.  Anonymous complaints can be received as long as the content of the complaint does not disclose the identity of the complainant.  The company is then notified, allowing them to respond in line with their internal complaint management processes and whistleblower policy.

I’ve received a notification of a complaint received by EWC and I’m not a member – why? And what should I do?

From time to time, EWC receives complaints from the public about companies who haven’t formally engaged EWC to receive their complaints. In these circumstances, out of courtesy we will report this complaint to you, where we have the consent of the complainant (and / or the content of the complaint doesn’t identify the complainant).  We also work with the complainant about what their options are, including; raising it directly with the Company, and / or contacting the Fairwork Ombudsman or the Fairwork Commission, and / or and industrial advocate or lawyer.  If it is serious enough we may refer them to the Police or their local government regulator.  If you receive a complaint from us, you can contact us to discuss how best to progress the matter.  Or, discuss how we can support you moving forward to receive and process future complaints.

Why should my business provide a complaints and whistleblowing service?

When misconduct occurs in the workplace, it is paramount that it is identified, recorded and managed efficiently, effectively and professionally. The mismanagement of misconduct in the workplace can not only be detrimental to the parties involved, but it can also have serious ramifications for your organisation.

In fact, whistleblower legislation includes significant civil and criminal penalties for breaches of whistleblower protections including possible fines of up to $1 million for individuals or $210 million for companies.

Having appropriate complaint handling mechanisms in place will ensure your business provides adequate protection for individuals who disclose sensitive information about cases of serious misconduct, while also providing a platform to identify workplace issues early and implement necessary organisational reform.

A workplace complaints and whistleblower service will provide confidence that any serious issues relating to employees, contractors, clients or families can be caught quickly and managed appropriately.

Operating as a trusted external partner, our service is designed to support your team to manage complaints directly, discreetly and in line with your business values.

Offering a combination of complaints, whistleblower and training services, we can also help your business by:

• Supporting your HR team to focus on their core functions by removing the pressure of receiving and responding to a range of workplace complaints.
• Helping you to effectively manage workplace complaints for a fraction of what it would cost if the matter escalates.
• Preparing reports (where required / on demand) outlining the number and nature of the complaints received and how we supported them to raise the issue with the organisation.
• Providing information and resources to employees to encourage them to manage complaints directly with your business using the correct channels, de-escalating issues before they develop into something more detrimental to your business.

What are the benefits for my employees or stakeholders?

Being faced with a situation which involves sexual harassment, bullying, discrimination or other form of serious misconduct can be extremely confronting and difficult to deal with both personally and professionally, especially where there may be pre-existing workplace relationships.  Often when a person has worked with an employee they may feel compromised administering a company policy or process.  Even if you aren’t compromised, it may be perceived this way and have an impact on whether the outcome was fair.

By offering an external complaints or whistleblowing service, your employees and stakeholders will feel supported by having confidence that their issue will be taken seriously and handled promptly, fairly and discreetly.

With the assistance of a caring and professional team member, employees or stakeholders will receive appropriate support and guidance to explore their options.

They will be provided any relevant information or brochures and directed to the most appropriate contact point to make the process as smooth and straightforward as possible. They will also have the option to submit their complaint anonymously, however in some cases the circumstances may be such that anonymity is difficult to maintain.

What to look for in a good complaints and whistleblowing service?

Not all workplace complaints and whistleblower services are the same. If you want to ensure your complaints program is worth the investment, make sure it includes the following features:

• Best-practice complaint handling processes.
• Skilled and experienced complaint and enquiry-handlers.
• Services tailored to your internal complaint handling processes.
• Cost-effective service package options which can be tailored to suit your individual business requirements.
• Regular service usage reporting.
• Ability to access services at any time, day or night with multiple service channel options.
• Secure, locally-hosted database.
• Experienced and reputable industry-leading brand.

Here’s how we stack up against the criteria:

Best-practice processes

Our carefully refined processes ensure every enquiry and complaint we receive is handled promptly, courteously, professionally and meticulously. We work with you directly, discreetly and aligned with your business values.

At all times you are in control of what is done with the information that is received, what information we provide your employees and how to manage the complaint.

Skilled & experienced enquiry-handlers

Our staff are located in Australia and are trained in complaint handling and workplace conflict management. They are experienced and qualified conflict experts with backgrounds in psychology, law and counselling. Our operations are also overseen by our Principal.

Tailored services including access to training (online and via webinars)

We offer complaints, whistleblower and training services — it’s up to you to decide if you would like to use one or all of our services.

Our complaint handling and escalation processes are also tailored to suit your business. As part of our new client on-boarding process we will review your processes, allowing us to establish a service that will act as an independent extension of your business.

Cost-effective service package options

We charge a one-off account set-up fee and a monthly subscription for services used. In most cases, outsourcing your complaint handling services is a more affordable option than managing it internally.

Depending on the services you need, we can tailor your service package to suit your individual business requirements and budget.

Regular reporting

We provide reports (as agreed or on demand) outlining the number and nature of the complaints received and how we supported the complainant to raise the issue with the organisation.

Service accessibility

Our services can be accessed 24/7 through our website or by email, or by phone during specified hours. This allows stakeholders to make an enquiry or lodge a complaint via their preferred service channel at a time that suits them.

Secure, locally-hosted database

Our Complaint Management System (CMS) database is stored locally in Australia on a secure encrypted server, with data backed up daily and weekly, including off-site backups.

Industry-leading brand

Founded by Emverio Workplace Solutions, we are Australia’s most experienced conflict management business having been dealing with conflicts for over 25 years. We service multiple businesses and industries and our processes are robust, compliant and secure.