At KM Property Funds, we value high standards of trust, empathy and ethical conduct in all of our dealings. We are committed to creating a work environment in which employees, ex-employees, suppliers, consultants, contractors and family members of these people are able to raise concerns regarding unethical, unlawful or undesirable conduct or activities, in confidence and without fear of reprisal. This version of the policy is modified for external parties.

Scope of policy

This policy extends to ex-employees, suppliers, contractors and consultants or any parties acting as representatives or agents of KM Property Funds.

Purpose of policy

The purpose of this policy is to:

• Set out the process to report concerns of possible Inappropriate Conduct, in confidence and without fear of reprisal or discriminatory treatment.
• Provide an alternative avenue for raising concerns of Inappropriate Conduct (for example, by talking to a senior employee or People & Culture). This policy should be used in the case where you believe that the existing avenues have failed or you perceive them as unsuitable.
• Ensure that Inappropriate Conduct is detected, addressed appropriately and prevented in the future.

Prompt action will be taken to investigate each report received to ensure Inappropriate Conduct is detected and addressed.

Inappropriate conduct

Inappropriate Conduct means serious conduct which is, or potentially could be:

• dishonest or corrupt
• fraudulent
• illegal, including theft, drug use/sale, violence or threatened violence and criminal damage to property
• a breach of a legal obligation
• a breach of a professional obligation
• unsafe work practices
• in breach or disregard of the KM Property Funds’ or relevant policies
• any other conduct that could cause loss to KM Property Funds or become detrimental to KM Property Funds or
• any related or similar activity that could be considered by a reasonable employee to be inappropriate or unacceptable.

KM Property Funds’ designated Whistleblower contact

KM Property Funds’ designated Whistleblower contact is Partner, Group Practice Management.

Investigations

Once the Partner, Group Practice Management receives a notification about the Inappropriate Conduct, an investigation will be undertaken to determine whether there is evidence to support the matter raised and/or what further action, if any, is to be taken.

The investigation process will vary depending on the precise nature of the conduct being investigated. All investigations must be conducted in a manner that is fair, objective and affords natural justice to all people involved.

Feedback and communication

Where possible, and assuming the Whistleblower is not anonymous, KM Property Funds will give periodic updates to the Whistleblower as to the progress of the investigation into the inappropriate conduct, subject to confidentiality considerations.

Maintaining records

The Partner, Group Practice Management will keep complete and accurate records of a report of Inappropriate Conduct to the extent required by relevant laws and subject to safeguards that ensure their confidentiality.

The Whistleblower

Protected disclosure

If you report Inappropriate Conduct in accordance with this policy, you will be protected under this policy from reprisal or repercussions from KM Property Funds as a result of reporting Inappropriate Conduct, as long as you have reasonable grounds for believing the information disclosed indicates such conduct.

Any allegations which prove to have been made maliciously or knowingly to be false will be investigated and viewed as a serious disciplinary offence.

No action will be taken where the report was made but no wrongdoing was identified.

Whistleblower confidentiality

The identity of the Whistleblower will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation, including where it is required by law and where it is necessary to prevent or mitigate a serious threat to an employee’s health and safety.

Whistleblowers who do not wish to disclose their identity may remain anonymous when reporting inappropriate conduct. However, anonymity may impede a swift or thorough investigation into the Inappropriate Conduct or the outcome of a subsequent prosecution.

Commitment to protecting the Whistleblower

KM Property Funds is committed to protecting Whistleblowers against actions taken against them for reporting inappropriate conduct. KM Property Funds does not tolerate reprisals, discrimination, harassment, intimidation or victimisation against a Whistleblower, their colleagues or family members. Such retaliatory action will be treated as serious misconduct and will be dealt with in accordance with KM Property Funds’ disciplinary policies.

If the Whistleblower is implicated in the Inappropriate Conduct being reported, and co-operates with KM Property Funds’ investigation, the fact that they have reported Inappropriate Conduct in accordance with this policy may be a mitigating factor when determining any disciplinary action.

Reporting inappropriate conduct

In the first instance you should raise any concerns of Inappropriate Conduct with a relevant Managing Director or with the Director, People and Culture. However, if you feel that the existing avenues have failed, you perceive them as unsuitable or are unsatisfied with the response, you should use this policy as a confidential, alternative reporting avenue.

If this is the case, you should contact KM Property Funds’ designated Whistleblower contact:

Carolyn Ashby
Partner, Group Practice Management
By phone: +61 3 8623 3305
By email: [email protected]
By mail: Carolyn Ashby
KM Property Funds
GPO Box 2985
Melbourne VIC 3001
Marked ‘Private and Confidential’

You may choose to identify yourself or remain anonymous. If you choose to remain anonymous, you must include sufficient information in the communication for the Inappropriate Conduct to be investigated.