Where a Whistleblower is concerned that:
- they are or will be subject to detrimental conduct;
- their disclosure was not handled in accordance with this policy; or
- the assessment of their disclosure was not made in accordance with this policy,
A Whistleblower may escalate the concern directly to an Eligible Recipient who was not involved in the investigation. Based on the concerns raised and the information available, a review of the findings may be conducted by the person to whom it was escalated.
Prior to making an external escalation, BMW recommends that a Whistleblower exhausts all internal escalation options available and advises BMW of their intention to undertake an external escalation.
If a Whistleblower previously disclosed a Reportable Matter to ASIC, APRA or another Commonwealth body prescribed by whistleblower legislation and the disclosure fits into one of the categories below, a Whistleblower is entitled to receive protection under law with regards to the disclosure of the Reportable Matter to a journalist or member of parliament in respect of an Emergency Disclosure or a Public Interest Disclosure:
- Emergency Disclosure – requiring that:
- the information concerns a substantial and imminent danger to health and safety or the natural environment; and
- the Whistleblower has given the organisation to which it made the disclosure notice of their intention to make an emergency disclosure; and
- the extent of the disclosure is limited to the extent necessary to inform the recipient of the substantial and imminent danger.
- Public Interest Disclosure – requiring that:
- at least 90 days have passed since the disclosure; and
- the Whistleblower has no reasonable grounds to believe the matter is being addressed; and
- further disclosure of the information is in the public interest; and
- the extent of the disclosure is limited to the extent necessary to inform the recipient of the Reportable Matter.