12/07/2019
https://www.whistleblowingservice.com.au/enhanced-whistleblower-protections/
Enhanced Whistleblower Protections
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2019 (Cth) (Whistleblower Bill) was passed by Parliament, and generally takes effect from the first 1 January, 1 April, 1 July or 1 October to occur three months after the Bill receives Royal Assent. This could be as early as 1 July 2019. It will impose significant, and we think, insufficiently appreciated compliance burdens, which we address below.
In 2018, the Bill was considered by the Senate Economics Committee and some changes were proposed, which have made their way through to the Bill. The Whistleblower Bill:
harmonises the various current whistleblower regimes under federal law;
expands the existing protections and remedies for whistleblowers; and
creates a whistleblower regime for tax-related misconduct and contraventions and include Human Rights Commission violations for Discrimination, Bulling and Sexual Harassment.
The amendments will apply to disclosures made on or commencement, and that relate to matters that occur or occurred before, on or after commencement. Notably, some parts of the Whistleblower Bill (including matters relating to compensation and remedies) will apply retrospectively to disclosures that were made prior to commencement, so long as the disclosure was such that it would have been protected had the Whistleblower Bill been in force at the time.
[1] Corporations Act 2001 (Cth) s 1644(1), introduced by the Whistleblower Bill s 12.
[2] Corporations Act 2001 (Cth) s 1644(2), introduced by the Whistleblower Bill s 12.
[3] Corporations Act 2001 (Cth) s 1317AI(1), introduced by the Whistleblower Bill s 9.
[4] Corporations Act 2001 (Cth) s 1317AI(2), introduced by the Whistleblower Bill s 9.