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Saturday, May 16, 2026

Full Federal Court clarifies whistleblower protection test for employers - Australasian Lawyer

On 21 August 2024, the Neometals board, composed of Reed, Steven Cole, Dr Jennifer Purdie, Lee Guthrie, and Douglas Ritchie, resolved to approve a restructure plan that made Reiche's role redundant. Notice was provided to Reiche and the Australian Securities Exchange the following day. The termination decision flowed from the board's resolution, and Reed resolved on 4 September 2024 to terminate with immediate effect on the recommendation of people and culture manager Amanda Di Virgilio.

The primary judge dismissed Reiche's application on 28 February 2025, and Reiche pressed 15 grounds on appeal.

Key holding

The Full Court's central holding concerned s 1317AD(1)(b). The judges identified three possible readings and endorsed the "third construction". Under that approach, it is unnecessary for a wrongdoer to appreciate that there is or would be a legal consequence arising from a disclosure they believe or suspect has been or might be made. What is required is a subjective belief or suspicion about the elements that accumulate to a point that attracts protection, relevantly, that a person has, with reasonable grounds, made or might make a disclosure concerning misconduct or an improper state of affairs relating to a regulated entity.

The court drew support from the Revised Explanatory Memorandum to the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018, which removes the requirement that the victimiser had actual knowledge of a disclosure. The...



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