Comply with corporate whistleblower protections (Part 9.4AAA Corporations Act)

Public companies and large proprietary companies must have a whistleblower policy and protect disclosers.

highcurrentongoingCriminal liability

Who must comply

Public companies, large proprietary companies, corporate trustees of RSEs.

What triggers it

Being a covered entity.

When due

Whistleblower policy in place; ongoing protection.

Evidence required

Whistleblower policy, training records, intake mechanism, investigation protocol.

Max penalty

Civil penalties up to $1.565M (individuals); criminal liability for victimisation

Summary

Part 9.4AAA of the Corporations Act (and Pt IVD of the Taxation Administration Act 1953) provides legal protections for whistleblowers reporting misconduct in corporations. Public companies, large proprietary companies and corporate trustees of registrable superannuation entities must have a written whistleblower policy. Confidentiality and victimisation protections backed by significant civil and criminal penalties.

Enforced by

Source legislation

Entity types

company

Topics

whistleblowergovernancedirectors

Source: https://asic.gov.au/for-business/whistleblower-rights-and-protections/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.