Charter and Protocol

Independence

• Ombpoint is independent from the employer and its related entities or organisations.
• Ombpoint exercises sole discretion over whether or how to act regarding an individual’s concern, a trend or concerns of multiple individuals over time and is not directed or influenced by the employer.
• Ombpoint may also initiate action on a concern identified through the consultant’s direct observation without breaching the other obligations outlined in this Charter.

Neutrality and  Impartiality

• Ombpoint is neutral, impartial, and unaligned.
• Ombpoint strives for impartiality, fairness and objectivity in the treatment of people and the consideration of issues. Ombpoint advocates for fair and equitably administered processes and does not advocate on behalf of any individual within the organisation.
• Ombpoint is a designated neutral reporting to the highest possible level of the organisation and operating independent of ordinary line and staff structures.
• Ombpoint has a responsibility to consider the legitimate concerns and interests of all individuals affected by the matter under consideration.
• Ombpoint helps develop a range of responsible options to resolve problems and facilitate effective discussions.

Confidentiality

• Ombpoint holds all communications with those seeking assistance in strict confidence and takes all reasonable steps to safeguard confidentiality, including the following:
  1. Ombpoint does not reveal, and must not be required to reveal, the identity of any individual contacting the service, nor does Ombpoint reveal information provided in confidence that could lead to the identification of any individual contacting the service, without that individual’s express permission.
  2. Ombpoint takes specific action related to an individual’s issue only with the individual’s express permission and only to the extent permitted. Ombpoint will only do this following a release by the employee in relation to the information to be disclosed.
  3. If Ombpoint believes there is an imminent risk of significant harm to the employee or someone else, Ombpoint will instigate medical or other professional support or engage with law enforcement authorities to conduct a welfare check. Ombpoint will not contact the employer in these circumstances.
• Ombpoint will not provide evidence in any formal process inside the organisation and resists testifying in any formal process outside of the organisation regarding a visitor’s contact with Ombpoint or confidential information communicated to Ombpoint, even if given permission or requested to do so.
• Ombpoint does and will provide feedback to the organisation on trends, issues, policies and practices, but does so in a way that safeguards as far as practicable the identity of individuals and protects confidentiality and anonymity.
• Ombpoint provides no records containing identifying information to the organisation.
• Communications made to Ombpoint are not notice to the organisation. Ombpoint neither acts as agent for, nor accepts notice on behalf of, the organisation and shall not serve in a position or role that is designated by the organisation as a place to receive notice on behalf of the organisation. Ombpoint may refer individuals to the appropriate place where formal notice can be made.
• Data captured by Ombpoint in relation to emergency contact details will be kept by Ombpoint for up to six (6) months following the last interaction with Ombpoint. Data will be held in accordance with the Australian Privacy Principles.

Informality and Other Standards 

• Ombpoint functions on an informal basis by such means as: listening, providing and receiving information, identifying and reframing issues, developing a range of responsible options. When possible, Ombpoint helps people develop new ways to solve problems themselves.
• Under certain circumstances, and with the express permission of the employee, Ombpoint may engage as an informal third-party intervention.
• Ombpoint is an informal and off-the-record resource which pursues resolution of concerns and identifies procedural irregularities and/or broader systemic problems when appropriate and where confidentiality and anonymity can be safeguarded.
• Ombpoint does not make binding decisions, mandate policies, or formally adjudicate issues for the organisation.
• Ombpoint supplements, but does not replace, any formal channels. Use of the service is voluntary and is not a required step in any grievance process or policy.
• Ombpoint does not participate in any formal investigative or adjudicative procedures. Formal investigations should be conducted by others. When a formal investigation is requested or recommended, Ombpoint refers individuals to the appropriate internal person.