Whistleblower Policy

1. 1. Policy Statement

   Al-Ihsan Foundation International Limited ACN 168 960 361 (Al-Ihsan Foundation) is committed to ensuring the highest standards of integrity and promoting a culture of honest and ethical behaviour, corporate compliance and good corporate governance. As part of this commitment, Al-Ihsan Foundation recognises the need to have robust procedures in place to ensure people can report instances of suspected unethical, illegal, fraudulent or undesirable conduct by Al-Ihsan Foundation or its officers, employees or agents, and to ensure that anyone who does report such behaviour can do so without fear of reprisal, discrimination, intimidation or victimisation.

2. 2. About this Whistleblower Policy

   • The purpose of this whistleblower policy is to:
     • deter corporate wrongdoing and misconduct;
     • encourage disclosures of corporate wrongdoing and misconduct;
     • set out how corporate wrongdoing or misconduct by Al-Ihsan Foundation International and its officers can be disclosed; and
     • describe the protections available where disclosures are made in accordance with Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Law) or Part IVD of the Taxation Administration Act 1953 (Cth) (Tax Act).
   • A person who makes a disclosure under this whistleblower policy is referred to as a whistleblower.
   • This whistleblower policy does not form any part of any employee's contract of employment, and Al-Ihsan Foundation International may amend it at any time.

3. 3. Who can make a disclosure under this whistleblower policy, and the effect of making a disclosure?

   1. The following individuals can make a report of a Disclosable Matter (as defined in paragraph 5) in accordance with this whistleblower policy:
      1. an eligible whistleblower, which includes an individual who is, or has been, any of the following in relation to Al-Ihsan Foundation:
         1. an officer, director or senior manager;
         2. a permanent, temporary, casual, part-time or full-time employee;
         3. a trainee or apprentice;
         4. suppliers of services or goods to Al-Ihsan Foundation, such as contractors and partners; or
         5. a spouse, relative or dependant of an individual referred to above.
      2. an eligible whistleblower will qualify for protections available under the Corporations Law and the Tax Act if they make a disclosure that qualifies for protection under those statutes (see Schedule 1 for when a disclosure qualifies for protection under the Corporations Law and Tax Act).
   2. Issues, queries and concerns about the application of this whistleblower policy, and the type of protections and immunities available to whistleblowers, and other persons (including persons who are the subject of a disclosure), can be raised with:
      1. your line manager or supervisor;
      2. the CEO;
      3. an independent lawyer should you seek legal advice on the operation of the statutory whistleblower regimes under the Corporations Law or Tax Act; and
      4. Al-Ihsan Foundation's Compliance Officer.

4. 4. Roles and responsibilities

   1. The Board of Directors has responsibility for:
      1. this whistleblower policy, including approving the whistleblower policy and any amendments; and
      2. where relevant, determining how a matter reported under this whistleblower policy will be managed, including seeking legal advice on Al-Ihsan Foundation's statutory or other legal obligations arising from a disclosure made under this whistleblower policy.
   2. The CEO, if none, the Compliance Manager has primary and day-to-day responsibility for:
      1. implementing this whistleblower policy;
      2. assessing disclosures made under this whistleblower policy;
      3. subject to any permissions from the whistleblower, ensuring a whistleblower's identity is kept confidential;
      4. notifying the Board of Directors where a disclosure is sufficiently serious;
      5. seeking legal advice on Al-Ihsan Foundation's statutory or other legal obligations arising from a disclosure made under this whistleblower policy;
      6. assessing the risk of any detrimental conduct to a whistleblower, or other person, due to a disclosure made under this whistleblower policy, and ensuring the implementation of appropriate safeguards;
      7. determining whether a disclosure will be investigated, and the scope and conduct of that investigation; and
      8. notifying management, in circumstances where, if the disclosure was proven, there could be disciplinary consequences for an employee of Al-Ihsan Foundation.
   3. Designated disclosure officers (see paragraph (a)), officers and senior managers of Al-Ihsan Foundation, secretaries, and employees and officers with functions or duties that relate to the tax affairs of Al-Ihsan Foundation are responsible for:
      1. receiving disclosures under this whistleblower policy;
      2. subject to any permissions from the whistleblower, ensuring a whistleblower's identity is kept confidential; and
      3. ensuring a whistleblower has access to this whistleblower policy.
   4. Al-Ihsan Foundation's legal representative is, where requested by the Board of Directors or CEO, responsible for the provision of legal advice to Al-Ihsan Foundation in respect of a disclosure under this whistleblower policy, or the application of this whistleblower policy.
   5. An Investigator, appointed by the Board of Directors, CEO, General Counsel or Al-Ihsan Foundation's legal representative, will have responsibility for:
      1. subject to any permissions from the whistleblower, ensuring a whistleblower's identity is kept confidential; and
      2. conducting a:
         1. confidential and privileged factual investigation of the disclosure for the purpose of providing Al-Ihsan Foundation with legal advice; or
         2. conducting a confidential factual investigation of the disclosure, including gathering evidence, interviewing witnesses, communicating with the whistleblower where they have consented to providing their identity to the Investigator, seeking assistance from internal and external consultants, and providing an investigation report with the Investigator's findings to the Board of Directors or the CEO.
   6. The Board has overall responsibility for any disciplinary process that is triggered by a disclosure under this whistleblower policy that, if established, leads to an allegation of misconduct or serious misconduct against an employee of Al-Ihsan Foundation, of where a report involves a personal work-related grievance as defined in paragraph 6 b (iii).
   7. All employees of Al-Ihsan Foundation are required, and all other persons eligible to make disclosures under this whistleblower policy are strongly encouraged to report under this whistleblower policy if they reasonably suspect that conduct, or a state of affairs exists, in relation to Al-Ihsan Foundation that is a Disclosable Matter, as defined in paragraph 5, whether engaged in by themselves or others.
   8. All employees of Al-Ihsan Foundation, and persons providing services as an independent contractor or labour hire worker to Al-Ihsan Foundation, are required to:
      1. subject to a claim of privilege or self-incrimination, cooperate with an Investigator, including by providing relevant documents and information, or answering questions during the conduct of any investigation under this whistleblower policy;
      2. strictly maintain the confidentiality of a whistleblower's identity, whether they obtain that information directly or indirectly; and
      3. refrain from committing, or threating to commit, any act of detrimental conduct to a whistleblower, or any other person, because they believe or suspect that a whistleblower, or another person, has made, may have made, proposes to make or could make a disclosure that qualifies for protection under the Corporations Law or Tax Act.

5. 5. What can be reported under this whistleblower policy?

   Eligible whistleblowers should make a disclosure under this whistleblower policy if they reasonably suspect that conduct, or a state of affairs exists, in relation to Al-Ihsan Foundation that is any of the following:

   1. Serious misconduct, or an improper state of affairs or circumstances, in relation to:
      1. Al-Ihsan Foundation; or
      2. the tax affairs of Al-Ihsan Foundation, and where they consider the information may assist the recipient to perform functions and duties in relation to the tax affairs of Al-Ihsan Foundation;
   2. in contravention of any law administered by the Australian Securities and Investments Commission (ASIC) or Australian Prudential Regulation Authority (APRA) (see Schedule 2 for a list of these laws);
   3. conduct that represents a danger to the public or the financial system (even if this conduct does not involve a breach of a particular law);
   4. conduct that is an offence against any law of the Commonwealth, where the offence is punishable by imprisonment for a period of 12 months or more,

   (collectively referred to as Disclosable Matters ).

6. 6. What should not be reported under this whistleblower policy?

   1. Subject to a handful of exceptions, a Disclosable Matter does not include a personal work-related grievance , which concerns a grievance in relation to a whistleblower's employment, or former employment, with Al-Ihsan Foundation that has implications for the whistleblower personally.
   2. Examples of a personal work-related grievance include complaints an employee, or former employee, may hold concerning:
      1. the terms and conditions of their employment;
      2. an interpersonal conflict with another employee;
      3. any disciplinary or performance management process; and
      4. the termination of their employment.
   3. A personal work-related grievance will be a Disclosable Matter if it:
      1. has significant implications for Al-Ihsan Foundation, and wider ramifications than for the whistleblower personally; and
      2. relates to detrimental conduct suffered by the whistleblower because of making a previous disclosure, or seeking legal advice about whistleblower protections.
   4. Further information about Al-Ihsan Foundation International 's workplace policies can be obtained from the Compliance Officer. If unsure whether a grievance is a Disclosable Matter under this whistleblower policy, or a personal work-related grievance that is more appropriately managed through a relevant workplace policy of Al-Ihsan Foundation International, seek guidance from the Whistleblower Officer or an independent legal adviser.

7. 7. To whom, and how should, disclosures under this whistleblower policy be made?

   1. Disclosures under this whistleblower policy should be made to one of the following Designated Disclosure Officers :

      [list names, positions and contact details]

   2. Wherever possible, to assist Al-Ihsan Foundation International handle a disclosure appropriately, the following information about a Disclosable Matter should be provided to the Designated Disclosure Officer in a clear and factual way:
      1. the whistleblower's full name, address and preferred contact details, noting there is no requirement for a whistleblower to provide these details as disclosures may be made anonymously;
      2. the division or department which the Disclosable Matter relates to;
      3. the nature of the alleged wrongdoing including, where relevant, details of the person believed to have committed the wrongdoing, or is aware of, or involved in, the wrongdoing;
      4. when and where the wrongdoing occurred;
      5. anyone else who may verify the claim, or possible witnesses;
      6. if the whistleblower is concerned about any possible victimisation or acts of reprisal for disclosing the matter, or have been subject to detrimental conduct for a previous report of a Disclosable Matter, and any assistance or support sought from Al-Ihsan Foundation International; and
      7. any support information (for instance, emails, documents, text messages, file notes and photos).
   3. Whistleblowers can also report Disclosable Matters by:
      1. writing a report, preferably addressing the matters raised in paragraph ii, and mailing it to 176 Waldron Road, Chester Hill NSW 2162 where it will be received by the Whistleblower Officer;
      2. where the matter does not involve the tax affairs of Al-Ihsan Foundation International, raising it with:
         1. any officer or senior manager of Al-Ihsan Foundation International;
         2. ASIC or APRA (see Schedule 3 for contact details);
         3. in limited circumstances involving an emergency or public interest disclosure, to the media or a Member of Parliament;
      3. where the matter involves the tax affairs of Al-Ihsan Foundation International, raising it with:
         1. a director, secretary or senior manager of Al-Ihsan Foundation International;
         2. employees or officers of Al-Ihsan Foundation International who have functions or duties that relate to the tax affairs of Al-Ihsan Foundation International; or
         3. The Commissioner of Taxation (see Schedule 4 for contact details).
   4. Disclosures of Disclosable Matters can be made anonymously, and a whistleblower may choose to remain anonymous, including during any investigation into the disclosure. If the disclosure is not made anonymously, or an anonymous whistleblower consents to limited disclosure of their identity (for instance to the Whistleblower Officer or Investigator), Al-Ihsan Foundation International will take reasonable steps to ensure that the whistleblower's identity remains confidential.

8. 8. Protections where a disclosure is a qualifying disclosure under the Corporations Law or Tax Act

   1. Where a disclosure received under this whistleblower policy is a protected disclosure under the Corporations Law or the Tax Act (see Schedule 1):
      1. subject to a handful of exceptions to facilitate investigation of disclosures, a whistleblower's identity cannot be disclosed, or any information that is likely to lead to their identity, without the whistleblower's consent;
      2. except where necessary to give effect to the whistleblower regime's in the Corporations Law and Tax Act, a person cannot be required to disclose to a court or tribunal, or produce a document containing the identity of a whistleblower, or any information that is likely to lead to their identity;
      3. the whistleblower, and other persons, are protected from a range of detrimental conduct (including threats of detrimental conduct) because a person believes or suspects that a qualifying disclosure has been made, may be made, is proposed to be made or could be made. Detrimental conduct includes injury in employment, dismissal, harassment or intimidation, harm or injury to a person, their property, their reputation or business; and
      4. the whistleblower is provided with a range of legal immunities for making the qualifying disclosure, including:
         1. immunity from civil, criminal or administrative liability;
         2. no contractual, or other remedy, can be enforced against the whistleblower; and
         3. inadmissibility or information disclosed by the whistleblower in proceedings against them (other than in proceedings concerning the falsity of the information).
   2. Remedies and penalties may be imposed against any person who contravenes the protections where a qualifying disclosure under the Corporations Law or Tax Act has been made.

9. 9. Handling and investigating a disclosure

   1. Where a whistleblower does not give their permission to share their identity, or share their identity with particular persons involved in managing or investigating the disclosure, a person receiving a disclosure under this whistleblower policy will disclose the information contained in the disclosure only if:
      1. the information does not disclose the whistleblower's identity;
      2. they have taken all reasonable steps to reduce the risk that the whistleblower will be identified from the information; and
      3. it is reasonably necessary for investigating the issues raised in the disclosure.
   2. Information relating to the disclosure will be stored confidentially and securely in Al-Ihsan Foundation International 's whistleblower reporting system and database.
   3. All persons receiving, handling and investigating a disclosure under this whistleblower policy will receive appropriate training in their obligations in respect of the confidentiality of a whistleblower's identity, and how to ensure the security of information and communications in respect of a disclosure.
   4. Whistleblowers should be aware that people may be able to guess their identity where they:
      1. have mentioned to other people they are considering making a disclosure;
      2. have complained or raised concerns with other people about the subject matter of the disclosure;
      3. are one of a very small number of people with access to the information the subject of the disclosure; and
      4. are disclosing information that has been told to them privately and in confidence.
   5. After receiving a disclosure under this whistleblower policy, a recipient of a disclosure will notify the Whistleblower Officer or the Board of Directors of the disclosure, having regard to their obligations in paragraph (i), and the Whistleblower Officer or the Board of Directors will, as soon as practicable, assess:
      1. the disclosure and determine whether it:
         1. falls within the scope of this whistleblower policy, or whether it is more appropriately managed under another workplace policy of Al-Ihsan Foundation International;
         2. triggers a requirement for Al-Ihsan Foundation International to seek legal advice in respect of its legal obligations, including the conduct of a factual investigation into the disclosure to assist in the provision of that advice; or
         3. should be investigated, and by whom; and
      2. the risk of detriment to the whistleblower, or another person, arising from the disclosure, and where appropriate develop and implement strategies to eliminate, or where that is not reasonably practicable, minimise the risk of detriment to the whistleblower, or another person, arising from the disclosure.
   6. In certain situations, it will be appropriate for the recipient of a disclosure to report a disclosure directly to the Board of Directors, and for the assessment detailed in paragraph (v) to be performed by the Board of Directors.
   7. Where it is determined that a disclosure should be investigated:
      1. the investigation will be through, objective, fair, preserve the confidentiality of the whistleblower's identity, and be conducted independent of:
         1. the whistleblower;
         2. any person the subject of the disclosure; and
         3. any parts of Al-Ihsan Foundation International's business concerned; and
      2. the Investigator will document the nature and scope of the investigation and findings in a report that will be provided to the Whistleblower Officer and/or the Board of Directors, who will provide feedback, where appropriate, to the whistleblower regarding the progress and outcome of, and actions arising from, the investigation.
   8. If the disclosure was made anonymously, the determination of whether to investigate the disclosure, or the conduct of any investigation, will be based on the information provided by the whistleblower.

10. 10. Breaches of the whistleblower policy

    1. An employee who breaches this whistleblower policy, including breaching an obligation to keep a whistleblower's identity confidential, refusing to participate or cooperate with an investigation into a disclosure, or engaging in detrimental conduct against a whistleblower or another person because a disclosure has been made under this whistleblower policy, will face a disciplinary process in accordance with Al-Ihsan Foundation International's misconduct policy, which could result in the termination of their employment.
    2. Al-Ihsan Foundation International may terminate its relationship with other individuals and entities providing goods or services to Al-Ihsan Foundation International if they breach this whistleblower policy.

Schedule 1 - When does a disclosure qualify for protection under the Corporations Law or Tax Act?

• Overview of this Schedule
  1. 1.1 Eligible whistleblowers, and others, may be able to obtain certain statutory protections where a disclosure qualifying for protection is made under Part 9.4AAA of the Corporations Law or Part IVD of the Tax Act.
  2. 1.2 This Schedule provides an overview of the key conditions that must be met for a disclosure of information to qualify for protection under the Corporations Law and the Tax Act.
  3. 1.3 This Schedule is intended for information purposes only and should not be taken as the provision of legal advice in respect of the operation and application of the whistleblower regimes in either the Corporations Law or the Tax Act. Legal advice should be obtained from an independent legal practitioner.
• Key conditions for a disclosure under the Corporations Law to qualify for protection
  1. 2.1 To qualify for protection under the Corporations Law, a disclosure can be either a:

     (a) qualifying disclosure; or

     (b) protected disclosure.

  2. 2.2 To be a qualifying disclosure under the Corporations Law, the following conditions must be met.

     Condition	Consideration
     The information disclosed relates to a regulated entity.	The information disclosed must relate to a regulated entity, a term that includes a company such as Al-Ihsan Foundation International.
     The individual making the disclosure is an eligible whistleblower in relation to the regulated entity.	The person making the disclosure must be an eligible whistleblower, a term broadly defined by the Corporations Law to include an individual who is, or has been, any of the following in relation to the regulated entity: - an officer or employee; - an individual supplying services or goods, or an employee of a person supplying services or goods; - an associate (such as a director or related entity); and - a relative, dependent or spouse of an individual referred to above.
     The disclosure must be made to a person who is eligible to receive a disclosure.	The disclosure must be made to a person or body prescribed under Part 9.4AAA of the Corporations Law as eligible to receive a protected disclosure, which includes: - Officers and senior managers of the regulated entity; - persons authorised by the regulated entity to receive qualifying disclosures, which could include an independent external hotline service, as well as senior leaders; - Auditors and actuaries of the regulated entity; - the Australian Securities and Investment Commission (ASIC) ; and - the Australian Prudential Regulation Authority (APRA) .
     The disclosure is about matters the eligible whistleblower has reasonable grounds to suspect may concern prescribed conduct in respect of the regulated entity, or a related body corporate of the regulated entity.	A qualifying disclosure must be about a Disclosable Matter. A disclosure relates to a Disclosable Matter if an eligible whistleblower has reasonable grounds to suspect that the information they are disclosing concerns or indicates: - misconduct or an improper state of affairs or circumstances in relation to the regulated entity or a related body corporate of the regulated entity; - the regulated entity, or an officer of the regulated entity, or a related body corporate of the regulated entity, has engaged in disclosable conduct, being conduct that: - breaches legislation administered by ASIC or APRA, including the Corporations Law; - constitutes an offence against any other Commonwealth Law that is punishable by imprisonment for a period of 12 months or more; or - represents a danger to the public or financial system.
     A disclosure will not be a qualifying disclosure if it relates to a personal work-related grievance of the whistleblower, unless an exception applies.	A personal work-related grievance is broadly a disclosure of information concerning a matter in relation to the whistleblower's employment, or former employment, and having (or tending to have) implications for the whistleblower personally, such as in respect of: - their engagement, transfer or promotion; - terms and conditions of employment; - interpersonal conflict with an employee; - discipline or suspension; and - termination of employment. However, a personal work-related grievance will be a qualifying disclosure it: - has significant implications for Al-Ihsan Foundation International, and wider ramifications than for just the whistleblower (such as a personal grievance that identifies wider systematic failures by the regulated entity); and - telates to detrimental treatment suffered by, or threatened to, the whistleblower because of making an earlier qualifying or protected disclosure.

  3. 2.3 To be a protected disclosure under the Corporations Law, either of the following conditions must be met:

     Condition	Consideration
     In extreme cases, where an eligible whistleblower makes a disclosure to the media or a Member of Parliament in relation to a regulated entity.	For a disclosure to the media or a Member of Parliament to qualify for protection under Part 9.4AAA, the eligible whistleblower must: - already have made a qualifying disclosure ; - already have met certain prescribed written notification requirements in respect of that qualifying disclosure to the person or body that received the disclosure, and either: - the disclosure is in respect of a substantial and imminent danger to someone's health and safety, or the natural environment; or - disclosing the information is in the public interest.
     A disclosure of information is made to a legal practitioner for the purpose of obtaining legal advice or representation in relation to the operation of Part 9.4AAA of the Corporations Law.	This condition for a disclosure to be a protected disclosure does not carry any of the requirements for the disclosure to also be a qualifying disclosure, including no requirement that: - the person be an eligible whistleblower; and - the disclosure be about a Disclosable Matter.

  4. 3. Key conditions for a qualifying disclosure under the Tax Act

     To qualify for protection under the Tax Act, the following conditions must be met:

     Condition	Consideration
     The information disclosed relates to an entity within the meaning of the Income Tax Assessment Act 1997 (Cth) (ITAA 1997).	The information disclosed must relate to an entity, a term that includes: - individuals; and - a company such as Al-Ihsan Foundation International.
     The individual making the disclosure is an eligible whistleblower in relation to the entity.	The person making the disclosure must be an eligible whistleblower, a term broadly defined by the Tax Act to include an individual who is, or has been, any of the following in relation to the entity: - an officer or employee; - an individual supplying services or goods, or an employee of a person supplying services or goods; - an individual who is an associate of the entity within the meaning of the ITAA 1997; and - a relative, dependent or spouse of an individual referred to above.
     The disclosure must be made to an eligible recipient.	The disclosure must be made to a person or body prescribed under Part IXD of the Tax Act as eligible to receive a protected disclosure, which includes: - directors, secretaries or senior managers; - persons authorised by the entity to receive qualifying disclosures, which could include an independent external hotline service, as well as senior leaders; - employees or officers who have functions or duties that relate to the tax affairs of Al-Ihsan Foundation International; - auditors, members of an audit team conducting an audit, registered tax agents or business activity statement (BAS) agents to the entity; and - the Commissioner of Taxation.
     The disclosure is about matters the eligible whistleblower has reasonable grounds to suspect may concern prescribed conduct in respect of the entity, or an associated of the entity.	A qualifying disclosure must be about a Disclosable Matter. A disclosure relates to a Disclosable Matter if an eligible whistleblower both: - has reasonable grounds to suspect that the information concerns or indicates misconduct or an improper state of affairs or circumstances in relation to the tax affairs of the entity or an associated; and - considers that the information may assist the eligible recipient to perform functions or duties in relation to the tax affairs of the entity or an associate.

Schedule 2 - Statutes a whistleblower may suspect have been contravened for the purpose of a Disclosable Matter

For the purpose of paragraph (b), the laws are the:

1. Corporations Law;
2. Australian Securities and Investments Commission Act 2001 (Cth);
3. Banking Act 1959 (Cth);
4. Financial Sector (Collection of Data) Act 2001 (Cth);
5. Insurance Act 1973 (Cth);
6. Life Insurance Act 1995 (Cth);
7. National Consumer Credit Protection Act 2009 (Cth);
8. Superannuation Industry (Supervision) Act 1993 (Cth); and
9. an instrument made under any of the Acts in this Schedule 2.

Schedule 3 - Contact details for external recipients of disclosures that do not relate to the tax affairs of Al-Ihsan Foundation International

1. Australian Securities and Investment Commission (ASIC)

1.1 ASIC Office of the Whistleblower

1. Address: GPO BOX 9827, Brisbane QLD 4001.
2. Website: https://asic.gov.au
3. Telephone: 1300 300 630
2. Australian Prudential Regulation Authority (APRA)

   2.1 APRA contact

   1. Address: GPO Box 9836, SYDNEY NSW 2001.
   2. Website: https://apra.gov.au
   3. Telephone: 1300 558 849

Schedule 4 - Contact details for external recipients of disclosure that relate to the tax affairs of Al-Ihsan Foundation International

1. The Commissioner of Taxation