Whistleblower protection laws protect individuals who report misconduct from retaliation and victimisation.
Legislation: Corporations Act 2001 Part 9.4AAA; Taxation Administration Act 1953 | Category: Employment Law
What is Whistleblower Protection?
Whistleblower protection laws protect individuals who report certain types of misconduct from retaliation, victimisation, and adverse consequences. Under the Corporations Act, companies must have a whistleblower policy, and whistleblowers who disclose misconduct in good faith receive protections including confidentiality, immunity from civil and criminal liability for the disclosure, and protection from detrimental conduct.
Protected disclosures include information about breaches of corporations legislation, tax misconduct, and conduct that represents a danger to the public or financial system. Disclosures can be made to ASIC, APRA, the ATO, prescribed bodies, or eligible recipients within the company.
Key Compliance Points for Employers
- Companies must have a whistleblower policy (penalties apply for non-compliance)
- Whistleblower identity must be protected — disclosure attracts penalties
- Retaliation against whistleblowers can result in compensation orders and civil penalties
- Anonymous disclosures can qualify for protection
- Policies should cover how disclosures are handled, protections available, and support for whistleblowers
Frequently Asked Questions
What is Whistleblower Protection?
Whistleblower protection laws protect individuals who report misconduct from retaliation and victimisation.
Why is Whistleblower Protection important for employers?
Understanding whistleblower protection helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
