Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS  

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 a Commonwealth authority, or a State or Territory authority, for the purpose of assisting the authority in the performance of its functions or duties.

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.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.