Policies
Novus Holdings Pty Limited ACN 650 401 513 and its associated entities ("Novus") is committed to protecting the privacy of individuals.
The protection of personal information in the private sector is required by the Privacy Act 1988 ("Act"). All employees and officers of Novus are expected to comply with the Act and Novus’ policies and procedures concerning the protection of personal information.
This Privacy Policy details how Novus handles personal information in accordance with those requirements. It sets out the types of personal information Novus collects, the purposes for which it is collected, how that information may be used or disclosed, how individuals may request access to or correction of their details and how individuals may make a complaint about the way their information is handled.
Novus will review and update this Privacy Policy from time to time and will post an updated version of this Privacy Policy on our website when this occurs. Personal information is information about an identified individual or an individual who is reasonably identifiable.
Collection
Novus collects personal information from you in a number of different ways. Novus may collect personal information directly from you or in the course of its dealings with you, for example when you provide personal information to us:
Novus may also collect personal information about you from publicly available sources of information (including public channels, portals or third party websites) and, if you consent, from third parties (including from estate agents, third party project websites, or, for job applicants, from previous employers).
The purposes for which Novus collects your information will vary depending on your relationship with Novus and may include:
If Novus is not able to collect personal information about you, Novus may not be able to provide you with products, services and assistance to the extent that you require. Regarding leasing applicants, Novus may not be able to adequately assess your application for a rental tenancy. Regarding job applicants, Novus may not be able to adequately assess your application for employment.
Using and Disclosing Personal Information
Novus may use or disclose your personal information for the purpose for which it was collected. Novus may also use and disclose your personal information for a secondary purpose that is related to a purpose for which it was collected, where you would reasonably expect Novus to use or disclose your personal information for that secondary purpose.
Novus may also disclose your personal information to third parties, including disclosure to:
Cookies
A cookie is a small text file downloaded onto your computer or mobile device when you access a website, including this website. Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the website’s owners and third parties.
Cookies allow a website to recognise your computer or mobile device. Cookies do not identify you as an individual, but do identify the computer or mobile device you use to access the Internet and can therefore be used to collect information about your use of the Internet. Cookies do not allow access to any information stored on your computer or mobile device.
Novus uses cookies on its websites:
Novus will only use information collected through the use of cookies to evaluate the website’s effectiveness and to improve your experience when you visit it. Cookies are not used by us to identify who you are or send you targeted advertising.
Retention and Disposal of Information
Novus will only keep personal information it needs. Novus will dispose of such information when it has no further need to use it or is required by law to do so.
Accessing and Updating Personal Information
Novus makes every effort to keep any personal information up to date and accurate. You have a right to request access to or correction of your personal information held by Novus. Individuals may access, modify or correct their personal information by contacting Novus using the contact details set out below. In some cases, Novus may charge a reasonable fee for providing access to your personal information.
Complaints
If you have any questions or concerns about Novus’ collection, use or disclosure of personal information, or if you believe Novus has not complied with this Privacy Policy or the Act, please contact Novus as set out below. Novus’ Privacy Manager will investigate the complaint and determine whether a breach has occurred and what action, if any, to take.
Novus Privacy Manager
Level 38, Gateway Tower,
1 Macquarie Place,
Sydney NSW 2000
marketing@novusaus.com
Novus will take any privacy complaint seriously and will aim to resolve any such complaint in a timely and efficient manner, and our target response time is 30 days.
Novus expects its procedures will deal fairly and promptly with your complaint. However, if you remain dissatisfied, you can also make a formal complaint with the Office of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia). Complaints must be made in writing.
Director of Compliance
Office of the Australian
Information Commissioner
GPO Box 5218
Sydney NSW 2001
www.oaic.gov.au
Novus is committed to creating and maintaining a culture in which individuals are able to raise concerns regarding corporate misconduct, including an improper state of affairs, non-compliance with Novus policies or a contravention of laws. Novus encourages individuals to report such misconduct through a system that protects their confidentiality and provides support without fear of reprisal, dismissal or discriminatory treatment.
The purpose of this Policy is:
This policy applies to all employees of Novus Holdings and its subsidiaries. This Policy applies to all the following current or former:
Any irregularity or suspected irregularity involving a shareholder, vendor, consultants, or any other third-party agencies doing business with Novus or the Eligible Whistleblower, can also be reported under this policy.
In this Policy:
"Eligible Recipient" is any of the following:
“Eligible Whistleblower” means a current or former:
This Policy does not have any regard for an individual's length of service, employment/ contractor status, title, or relationship to Novus when considering who is an Eligible Whistleblower by this Policy.
“Disclosable Matters” means one where the Eligible Whistleblower has reasonable grounds to suspect there is one of:
Without limiting the type of conduct that can be disclosed under this policy, examples of Disclosable Matters include:
Disclosures that are not “Disclosable Matters” may not qualify for protection under the Corporations Act.
"Emergency Disclosure" is the disclosure of information to a journalist or parliamentarian, where all the following apply:
“Protected Disclosure Officer” means a designated Company representative tasked with the following responsibilities:
Except where conflicted, in which case the Officer will be any Eligible Recipient, Novus' Protected Disclosure Officer is:
The Protected Disclosure Officer will report directly to all non-conflicted Board members.
“Protected Disclosures’’ means disclosures of Disclosable Matters by Eligible Whistleblowers which are made in accordance with this Policy and protected under this Policy.
"Public Interest Disclosure" is the disclosure of information to a journalist or a parliamentarian, where:
If an Eligible Whistleblower becomes aware of any issue or behaviour which he/she considers to be a Disclosable Matter, there are several channels available for making a report.
He/she may discuss the matter informally with his/her direct manager in the first instance. However, where this is not appropriate, or where the Eligible Whistleblower does not feel comfortable in doing so, or where he/she has previously done so and believes no action has been taken, the Eligible Whistleblower may report the matter to the Protected Disclosure Officer to ensure appropriate escalation and timely investigation. The Protected Disclosure Officer will report material incidents directly to all non-conflicted Board members.
In certain instances, an Eligible Whistleblower may not feel comfortable making a whistleblowing report to the Protected Disclosure Officer, or alternatively the Eligible Whistleblower may feel that the Protected Disclosure Officer has not adequately dealt with the reported matter.
To maintain anonymity, the Eligible Whistleblower may copy and paste the following link into an incognito or private browsing window in their internet browser before submitting a report.
https://novusmgt.tod.net.au/incidents/new/f7fefa2745ad0cbae10a
Additionally, an Eligible Whistleblower can also contact the below:
*Note that ASIC has developed their own process to facilitate instances such as this. In such instances, ASIC also has the capacity to receive details about potential misconduct within a company. Further information about ASIC’s role, the limitations of its role and how it deals with the information provided is available on the ASIC website.
Reports may be made anonymously, confidentially and/or outside of business hours.
Before making a disclosure under this Policy the Eligible Whistleblower must have reasonable grounds to suspect the conduct or circumstances concerned has occurred or is occurring.
Novus encourages potential Eligible Whistleblowers to contact an independent legal advisor prior to making an Emergency Disclosure or Public Interest Disclosure.
6.1. Commitment
Novus is committed to protecting the identity of all persons making disclosures under this Policy.
6.2. Commitment to the Protection of Identity
Where a disclosure received under this Policy is:
6.3. Anonymous Disclosure
In some instances, Eligible Whistleblowers making a Protected Disclosure wish to remain anonymous (or use a pseudonym) or place restrictions on who knows their identity. However, there may be limitations in investigating a disclosure where an Eligible Whistleblower does not consent to the disclosure of their identity. If the disclosure was made anonymously, and the Eligible Whistleblower:
6.4. Identity Confidentiality
Novus will take disciplinary action, which may include dismissal, against any person who makes an unauthorised disclosure of the identity of a person who makes a Protected Disclosure under this Policy or of information that is likely to lead to the identification of that person.
It is an offence under the Corporations Act 2001 (Cth) (the Act) for a person who has directly or indirectly obtained information about the identity of a person who has made a Protected Disclosure, to disclose the identity of that person or information that is likely to lead to the identification of that person, without their authorisation.
If an Eligible Whistleblower discloses their identity, the only people who will know their details will be their first point of contact and/or the Protected Disclosure Officer and a restricted number of other people who have access to information recorded under this Policy. All information received from an Eligible Whistleblower, as well as the fact that an Eligible Whistleblower has made a disclosure and any record produced as part of an investigation, is held securely. Access will be restricted to those persons required to access the records for the purpose of this Policy or as part of information technology processes of the Group necessary to administer its IT platform or any third party hosting these records. By making a report under this Policy, an Eligible Whistleblower consents to their information being recorded and being accessible by these people including their identity (unless the Eligible Whistleblower elects to remain anonymous).
If an Eligible Whistleblower chooses to disclose their identity, their identity will not be disclosed to anyone else unless:
Other than in circumstances required by law, any unauthorised disclosure of information without consent of the Eligible Whistleblower, including their identity, will be a breach of this Policy and will be dealt with under disciplinary procedures of Novus.
The Protected Disclosure Officer will investigate all matters reported under this Policy as soon as practicable after the matter has been disclosed.
The exact investigation process and enquiries adopted will be determined by the nature and substance of the disclosure. In certain circumstances (for example where the Disclosable Matter involves allegations of fraud) external investigators may be appointed by the Protected Disclosure Officer. If the suspected Disclosable Matter is of a specific technical nature, appropriate technical experts may be involved.
Persons will only be asked to investigate a matter if they can do so without conflict of interest arising.
In general and as soon as practicable after the report (if not anonymous), a Protected Disclosure Officer or investigator will contact the Eligible Whistleblower to discuss the investigation process including identifying what individuals may also be contacted and such other matters as are relevant to the investigation.
The investigation will be conducted in an objective and fair manner, and otherwise as is reasonable and appropriate having regard to the nature of the matter disclosed and all surrounding circumstances. Where a report is submitted anonymously, Novus will conduct the investigation and its enquiries based on the information provided to it.
Where appropriate, Novus will provide feedback to the Eligible Whistleblower regarding the investigation’s progress and/or outcome.
8.1. Protection against Detrimental Conduct
Novus is committed to protecting Eligible Whistleblowers, and other persons, from detrimental conduct, or threats of detrimental conduct, because a person believes or suspects that the Eligible Whistleblower (or another person) has made, may have made, proposes to make, or could make a disclosure that qualifies for protection under the Corporations Act or Tax Act. Novus will use its best endeavours to provide the protections to Eligible Whistleblowers, and other persons, reflected in this Policy where the disclosure is not protected under the Corporations Act or Tax Act.
An Eligible Whistleblower who has reported a Disclosable Matter in accordance with this Policy is protected under this Policy (Protected Disclosure) and will not be discriminated against or disadvantaged in employment or any contractual arrangement with Novus or any associated entities of Novus. Novus will also ensure that suspected Eligible Whistleblowers (including their colleagues and relatives) are not subject to reprisals, harassment, or victimisation due to their actions in making a report. Novus will take all reasonable steps to ensure that adequate and appropriate protection is being provided for those who become an Eligible Whistleblower. This protection applies if the matter is proven or not, regardless of whether it is reported to an external authority.
Examples of detrimental behaviour include:
Examples of behaviour that would not be detrimental include:
Novus encourages Eligible Whistleblowers to identify any instances where they believe there has been wrongdoing.
An employee who is mentioned in a Protected Disclosure has the right, subject to compliance with any legal requirements, to be:
When an investigation needs to be undertaken, we will ensure that the process will be thorough, objective, fair and independent.
All information relating to a Protected Disclosure and its investigation will be retained under strict security and confidentiality. Unauthorised release of information to someone not involved in the investigation, without the consent of an Eligible Whistleblower will be a breach of this Policy and dealt with under Novus’ disciplinary procedures except where:
Information received from an Eligible Whistleblower will be kept confidential to the extent possible, subject to the need to meet legal and regulatory requirements.
In particular, the information may be disclosed to appropriate regulatory authorities, such as ASIC, the APRA, the Australian Federal Police (“AFP”) or other governmental agencies. Novus may also disclose the information received to a legal practitioner for the purpose of obtaining legal advice in relation to the operation of the statutory Whistleblower protections.
Subject to compliance with any legal reporting requirements, when implementing any process under this Policy, Novus will:
Part 9.4AAA of the Corporations Act provides special protection to disclosures made by Eligible Whistleblowers where the conditions detailed in the Act are satisfied, which include that the disclosure is made in respect to a Disclosable Matter to an Eligible Recipient, legal practitioner (for the purpose of obtaining legal advice in relation to the disclosure), Emergency Disclosure or Public Interest Disclosure. The protections provided under the Corporations Act include:
The Taxation Administration Act 1953 (Cth) ("Taxation Administration Act") provides similar protection to disclosures about breaches of any Australian tax law, again in instances where the conditions detailed are met.
It is noted that any anonymous disclosures are still protected under the Corporations Act.
A disclosure will not be covered by this policy to the extent that it:
Examples of a work related grievances that are not covered by this policy include:
It is noted that such disclosures which are not covered by this policy may be protected under other legislation, such as the Fair Work Act 2009.
However, examples of a work related grievances that may be covered by this policy include:
In the event that it is established that a false report has been made such as where the notification has been made maliciously, vexatiously or without any reasonable grounds the Eligible Whistleblower will be subjected to disciplinary or legal proceedings, which may include summary dismissal.
Whilst not intending to discourage the reporting of matters of genuine concern, Eligible Whistleblowers must ensure as far as possible, that reports are factually accurate, complete, from firsthand knowledge, presented in an unbiased fashion and without material omission.
Any breach of confidentiality of information provided by an Eligible Whistleblower, including their identity, and any retaliation (or threatened retaliation) against an Eligible Whistleblower will be taken seriously and if appropriate will be investigated separately. An individual may be exposed to summary dismissal, and criminal or civil liability for a breach of relevant legislation.
This Policy is available to all employees on Novus' Sharepoint Policies folder under “Resources”.
If a potential Eligible Whistleblower has any general questions about the operation of this policy, they may confidentially seek advice from Novus' Chief Operating Officer, without disclosing the nature of the Eligible Disclosure.
Complaints in relation to the handling of a disclosure can be reported to Novus’ Senior Management team. Alternatively, APRA, ASIC, the AFP or an independent legal practitioner may be contacted.
Novus will provide training to employees and officers of Novus in respect of their rights and obligations under this Policy. Training shall also be provided for Protected Disclosure Officers, other senior managers and company officers who may receive disclosures made under this Policy, on how to respond to them.
This Policy is administered by Senior Management.
