Our team of commercial lawyers provide whistleblower policy advice and support legal compliance with Australia’s whistleblower protection regime.
We understand the need for clear and straightforward advice to navigate the impacts of the changes brought about by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 on the private sector. These laws affect all companies in Australia. This includes not-for-profit organisations, along with certain other organisations such as incorporated associations, depending on their activities.
From 1 January 2020, (subject to limited exceptions) public companies and large proprietary companies in Australia need to have a compliant whistleblower policy.
Although other entities subject to the whistleblower protection regime are not strictly required to have whistleblower policies, it is very difficult to comply with the regime without having a policy in place.
Further, even organisations with existing whistleblower policies have since had to update policies and procedures to comply with the legislation.
There are severe financial and criminal penalties for organisations and individuals found to breach the whistleblower protection regime.
When acting on behalf of your business, our focus is on delivering practical outcomes in the event of whistleblower reports or whistleblower protection issues. This includes:
Find out more about our services in corporate governance and legal compliance. You can also read more about whistleblower rights and protections on the ASIC website.
For advice on the whistleblower protection regime, whistleblower reports or whistleblower policy development, contact us on (07) 3231 2444.
The Australian Securities and Investments Commission (ASIC) has issued a legislative instrument confirming it will not be mandatory for smaller not-for-profits and charities to implement a whistleblower policy in connection with Australia’s new whistleblower protection regime that came into effect on 1 July 2019.
From 1 July 2019, any not-for-profit organisations operating as a trading or financial corporation will be required to comply with the new whistleblower protection regime under Part 9.4AAA of the Corporations Act 2001 (Cth).
The Commonwealth Government recently passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), revamping the current whistleblowing scheme in Part 9.4AAA of the Corporations Act 2001 (Cth).