Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS  

SECTION 1317AI   WHISTLEBLOWER POLICIES  

1317AI(1)  
A public company must:


(a) have a policy that sets out the matters referred to in subsection (5); and


(b) make that policy available to officers and employees of the company.

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

1317AI(2)  
A proprietary company that has been a large proprietary company for any financial year (the first financial year ) must, on each day in each later financial year that is at least 6 months after the last day of the first financial year:


(a) have a policy that sets out the matters referred to in subsection (5); and


(b) make that policy available to officers and employees of the company.

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

1317AI(3)  
Without limiting subsection (2), a proprietary company that is the trustee (within the meaning of the Superannuation Industry (Supervision) Act 1993 ) of a registrable superannuation entity (within the meaning of that Act) must:


(a) have a policy that sets out the matters referred to in subsection (5); and


(b) make that policy available to officers and employees of the company.

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

1317AI(4)  
An offence based on subsection (1), (2) or (3) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code .

1317AI(5)  
The matters that a policy must set out for the purposes of paragraph (1)(a), (2)(a) or (3)(a) are:


(a) information about the protections available to whistleblowers, including protections under this Part; and


(b) information about to whom disclosures that qualify for protection under this Part may be made, and how they may be made; and


(c) information about how the company will support whistleblowers and protect them from detriment; and


(d) information about how the company will investigate disclosures that qualify for protection under this Part; and


(e) information about how the company will ensure fair treatment of employees of the company who are mentioned in disclosures that qualify for protection under this Part, or to whom such disclosures relate; and


(f) information about how the policy is to be made available to officers and employees of the company; and


(g) any matters prescribed by the regulations for the purposes of this paragraph.


 

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.