The government should consider a "no wrong door" approach to whistleblower disclosures in situations where alleged wrongdoing spans multiple regulatory mandates, the Law Council of Australia has said.
In its submission, the Law Council said while the preferable model for a whistleblowing framework would be a single piece of legislation and the establishment of a single agency that would work as a clearing house for disclosures, it acknowledged that adopting that model would be costly.
However, the submission said the government could look to address some of the complexity of the whistleblower schemes that make it difficult for whistleblowers to identify the most appropriate reporting pathway.
"Further consideration could be given to a ‘no wrong door’ approach for disclosures where alleged wrongdoing may fall across multiple regulatory mandates and where disclosure is made to a regulator which would reasonably be considered to have a regulatory interest in the disclosure," the submission said.
"For example, disclosures protected under the corporate whistleblowing regime may relate to conduct investigated by another regulator, such as the Australian Competition & Consumer Commission (ACCC), while tax-related misconduct may engage multiple agencies with overlapping responsibilities."
The submission noted that, given that regulators such as the ACCC rely on memoranda of understanding to share and exchange information, including confidential information, it would be helpful...
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