Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS  

Note: This Part applies in relation to CCIVs with modifications: see 1242E .

SECTION 1317AA   DISCLOSURES QUALIFYING FOR PROTECTION UNDER THIS PART  

Disclosure to ASIC, APRA or prescribed body

1317AA(1)    
A disclosure of information by an individual (the discloser ) qualifies for protection under this Part if:

(a)    the discloser is an eligible whistleblower in relation to a regulated entity; and

(b)    the disclosure is made to any of the following:

(i) ASIC;

(ii) APRA;

(iii) a Commonwealth authority prescribed for the purposes of this subparagraph in relation to the regulated entity; and

(c)    subsection (4) or (5) applies to the disclosure.

Note: Section 1317AAD (public interest disclosure and emergency disclosure) and paragraph 1317AB(1)(c) (protection from self-incrimination etc.) may apply to a disclosure covered by this subsection.

Disclosure to eligible recipients

1317AA(2)    
A disclosure of information by an individual (the discloser ) qualifies for protection under this Part if:

(a)    the discloser is an eligible whistleblower in relation to a regulated entity; and

(b)    the disclosure is made to an eligible recipient in relation to the regulated entity; and

(c)    subsection (4) or (5) applies to the disclosure.

Disclosure to legal practitioner

1317AA(3)    
A disclosure of information by an individual qualifies for protection under this Part if the disclosure is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part.

Disclosable matters

1317AA(4)    
This subsection applies to a disclosure of information if the discloser has reasonable grounds to suspect that the information concerns misconduct, or an improper state of affairs or circumstances, in relation to:

(a)    the regulated entity; or

(b)    if the regulated entity is a body corporate - a related body corporate of the regulated entity.

1317AA(5)    
Without limiting subsection (4) , this subsection applies to a disclosure of information if the discloser has reasonable grounds to suspect that the information indicates that any of the following:

(a)    the regulated entity, or an officer or employee of the regulated entity;

(b)    if the regulated entity is a body corporate - a related body corporate of the regulated entity, or an officer or employee of a related body corporate of the regulated entity;

has engaged in conduct that:

(c)    

constitutes an offence against, or a contravention of, a provision of any of the following:

(i) this Act;

(ii) the ASIC Act;

(iii) the Banking Act 1959 ;

(iiia) the Financial Accountability Regime Act 2023 ;

(iv) the Financial Sector (Collection of Data) Act 2001 ;

(v) the Insurance Act 1973 ;

(vi) the Life Insurance Act 1995 ;

(vii) the National Consumer Credit Protection Act 2009 ;

(viii) the Superannuation Industry (Supervision) Act 1993 ;

(ix) an instrument made under an Act referred to in any of subparagraphs (i) to (viii); or

(d)    constitutes an offence against any other law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more; or

(e)    represents a danger to the public or the financial system; or

(f)    is prescribed by the regulations for the purposes of this paragraph.

Note: There is no requirement for a discloser to identify himself or herself in order for a disclosure to qualify for protection under this Part.