Anti-bribery and Anti-corruption Policy

1. Introduction
2. Scope
3. Definitions

Associated Third Party An external party with whom the organisation has, or plans to establish, some form of business relationship. This primarily include counterparties and business partners i.e. clients, customers, joint ventures, joint venture partners, consortium partners, outsourcing providers, contractors, consultants, subcontractors, suppliers, vendors, advisers, agents, distributors, representatives, intermediaries and investors.
Bribery Bribery is defined as any action which would be considered as an offence of giving or receiving ‘gratification’ under the MACCA. In practice, this means offering, giving, receiving or soliciting something of value in an attempt to illicitly influence the decisions or actions of a person in a position of trust within an organisation. ‘Gratification’ is defined in the MACCA to mean the following:
  • money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
  • any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
  • any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
  • any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
  • any forbearance to demand any money or money’s worth or valuable thing;
  • any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
  • any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f).
Bribery may be ‘outbound’, where someone acting on behalf of the Group attempts to influence the actions of someone external, such as a Government official or client decision-maker.
It may also be ‘inbound’, where an external party is attempting to influence someone within the Group such as a decision-maker or someone with access to confidential information.
Conflict of Interest When a person’s own interests either influence, have the potential to influence, or are perceived to influence their decision making of the Group.
Corruption The Transparency International definition of corruption is ‘the abuse of entrusted power for personal gain’.
For the purpose of this Policy, corruption is defined primarily as any action which would be considered as an offence of giving or receiving ‘gratification’ under the MACCA (‘Bribery’ as defined above).
In addition, corruption may also include acts of extortion, collusion, breach of trust, abuse of power, trading under influence, embezzlement, fraud or money laundering.
Directors Directors include all independent and non-independent directors, executive and non-executive directors of the Group and shall also include alternate or substitute directors.
Employees All individuals directly contracted to the Group on an employment basis, including permanent and temporary Employees and Directors.
Facilitation Payment A payment or other provision made personally to an individual in control of a process or decision. It is given to secure or expedite a routine or administrative duty or function.

4. Anti-bribery and Anti-corruption Policy
5. Gifts, Entertainment and Hospitality and Donation and Sponsorship
6. Facilitation Payments
7. Associated Third Parties
8. Responsibilities of Employees
9. Employee Awareness and Declaration
10. Reporting of Policy Violations