Nearly four years into the revamped private sector whistleblowing regime, the standards expected of organisations and the people that lead them are becoming clearer.
Meaningful compliance with whistleblower legislation requires more than a well-drafted policy; focus has shifted to how organisations are managing disclosures on the ground. ASIC has declared its intent to consider the full range of regulatory tools – including civil and criminal enforcement action – where it identifies whistleblower-related harm, and on 1 March 2023 commenced its first whistleblowing prosecution against a company and four of its current and former leaders. We take a look at the emerging focus on governance of whistleblower frameworks, and what this means for directors.
On 2 March 2023, the Australian Securities and Investments Commission (ASIC) published a report on its review of whistleblower frameworks implemented by seven large Australian organisations [1]. Report 758: Good practices for handling whistleblower disclosures (Report 758) contains practical insights many organisations have been seeking - other than the statutory protections of confidentiality and anti-victimisation, the Corporations Act does not prescribe what steps organisations must take when they receive a whistleblower disclosure under Part 9.4AAA. While the Report acknowledges there’s no one-size-fits-all approach to managing disclosures, there are emerging standards – and warnings – that businesses, and their boards,...
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