We are noticing a gradual uptick in activity which engages with the whistleblower protection provisions of the Australian Corporations Act 2001 (Cth) (Corporations Act). At HopgoodGanim we offer a range of services, described further below, to help manage those issues.

It is important, and becoming more so, for corporates doing business in Australia to have whistleblowing issues well in their sights, not only to demonstrate their ESG credentials, but also to manage the significant litigation risks – particularly employment-related claims – that can arise from missteps in the management of whistleblowers.

Partner Andrew Tobin, Senior Associate Adele Garnett and Solicitor Phoebe Kenafake discuss further in a two-part series updating on recent developments in the whistleblower regime.

The background

The whistleblower protection provisions in the Corporations Act were substantially amended with effect from 1 July 2019.

The legislation applies to all corporate entities doing business in Australia, with additional obligations for big business and listed entities. Very substantial criminal and civil liabilities can be incurred for contraventions, such as not having or publishing a relevant policy, breaching the confidence of a whistleblower’s identity, or exposing or threatening to expose a whistleblower to any kind of detriment.

The temperature is clearly rising on a number of different fronts – from within the Australian Securities and Investments Commission (ASIC), with more...

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