A whistleblower may make a protected disclosure for a variety of reasons, including to expose wrongdoing or unlawful activity or to prevent harm to the public or the environment.
In this article, we consider whistleblower protections in Australia, including:
- protected disclosure schemes;
- private sector whistleblowing;
- what is a 'protected disclosure';
- confidentiality and protection from victimisation;
- remedies, penalties and compensation; and
- privileges and immunity.
High-profile cases that bring whistleblower protections into the public eye
Whistleblower Jeff Morris' disclosures about financial planning practices at a big-four bank triggered several parliamentary inquiries and the Royal Commission into Banking Misconduct.
More recently, for the first time, ASIC has commenced proceedings alleging breaches of whistleblower protections against a Queensland coal mine operator. The proceedings concern the alleged falsification of coal quality results, the making of false or misleading statements to the ASX and, relevantly, engaging in conduct that harmed the whistleblower (a former employee) who revealed the alleged misconduct.
Whistleblower protection schemes
Speaking out about wrongdoing or systemic misconduct can be stressful, and whistleblowers too often face retaliation and threats and significant personal and legal risk.
The purpose of protected disclosure schemes is to provide certain protections to encourage and protect whistleblowers who report misconduct and...
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