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 1317AAE   CONFIDENTIALITY OF WHISTLEBLOWER ' S IDENTITY  

1317AAE(1)    
A person (the first person ) contravenes this subsection if:

(a)    another person (the discloser ) makes a disclosure of information (the qualifying disclosure ) that qualifies for protection under this Part; and

(b)    the first person discloses any of the following (the confidential information ):

(i) the identity of the discloser;

(ii) information that is likely to lead to the identification of the discloser; and

(c)    the confidential information is information that the first person obtained directly or indirectly because of the qualifying disclosure; and

(d)    the disclosure referred to in paragraph (b) is not authorised under subsection (2) or (3) .

Note 1: Failure to comply with this subsection is an offence (see subsection 1311(1) ).

Note 2: This subsection is also a civil penalty provision (see section 1317E ). For relief from liability to a civil penalty relating to this subsection, see section 1317S .

1317AAE(2)    
A disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:

(a)    is made to ASIC; or

(b)    is made to APRA; or

(c)    is made to a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(d)    is made to a legal practitioner for the purpose of obtaining legal advice or legal representation in relation to the operation of this Part; or

(e)    is made to a person or body prescribed by the regulations for the purposes of this paragraph; or

(f)    is made with the consent of the discloser.

1317AAE(3)    
Without limiting subsection (2) , a disclosure referred to in paragraph (1)(b) is authorised under this subsection if it:

(a)    is made by ASIC, APRA or a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); and

(b)    

is made to any of the following for the purpose of assisting it in the performance of its functions or duties:

(i) a Commonwealth authority;

(ii) an authority of a State or Territory;

(iii) another body (whether incorporated or not) that is established or continued in existence by or under a law of a State or Territory.

1317AAE(4)    
Subsection (1) does not apply if:

(a)    the disclosure referred to in paragraph (1)(b) :

(i) is not of the identity of the discloser; and

(ii) is reasonably necessary for the purposes of investigating a matter referred to in subsection 1317AA(4) or (5) to which the qualifying disclosure relates; and

(b)    the first person takes all reasonable steps to reduce the risk that the discloser will be identified as a result of the disclosure referred to in paragraph (1)(b) .

Note: In a prosecution for an offence, a defendant bears an evidential burden in relation to the matter in subsection (4) : see subsection 13.3(3) of the Criminal Code.