Comply with corporate whistleblower protections (Part 9.4AAA Corporations Act)
Public companies and large proprietary companies must have a whistleblower policy and protect disclosers.
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 $1.65M (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
Topics
Related obligations
- CWLTHComply with directors' general law and statutory dutiesDirectors owe duties of care and diligence (s 180), good faith (s 181), no improper use of position (s 182) or information (s 183).
- CWLTHApply for a Director Identification Number (Director ID)Every director needs a Director ID before appointment — apply via ABRS.
- CWLTHPrevent insolvent trading (s 588G)Directors must prevent the company incurring debts while insolvent — or face personal liability.
- CWLTHPay company PAYG/GST/SG or face Director Penalty Notice (DPN)Directors personally liable for unpaid company PAYG, GST + SG via DPN regime.
- CWLTHAppoint voluntary administrator under Part 5.3A Corporations ActDirectors can place company in voluntary administration when insolvent — pause creditor claims for restructuring window.
- CWLTHSimplified Debt Restructuring (small business)Small companies (<$1M liabilities) can use SDR to restructure without full external admin.
Frequently asked questions
- Who must comply with corporate whistleblower protections (Part 9.4AAA Corporations Act)?
- Public companies, large proprietary companies, corporate trustees of RSEs.
- What triggers corporate whistleblower protections (Part 9.4AAA Corporations Act)?
- Being a covered entity.
- When is corporate whistleblower protections (Part 9.4AAA Corporations Act) due?
- Whistleblower policy in place; ongoing protection.
- What is the maximum penalty for corporate whistleblower protections (Part 9.4AAA Corporations Act)?
- Civil penalties up to $1.65M (individuals); criminal liability for victimisation
- What evidence is required for corporate whistleblower protections (Part 9.4AAA Corporations Act)?
- Whistleblower policy, training records, intake mechanism, investigation protocol.
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.