14/04/2025
Whistleblowers play an important role in recognising and reporting misconduct and breaches of the law by organisations.
The Corporations Act 2001 (Corporations Act) contains a whistleblower protection scheme that imposes obligations on many organisations in relation to the handling of whistleblower disclosures.
These requirements are designed to give whistleblowers legal rights and protections. However, non-compliance with these obligations carry penalties for both officers and companies.
It is therefore critical that employees and officers understand their obligations and what actions they are required to take upon receipt of a whistleblower disclosure.
Griffin Legal can assist you understanding and meeting these obligations through training and policy drafting.
Whistleblower policy
The whistleblower protection scheme mandates that all public companies, large proprietary companies and corporate trustees of APRA-regulated superannuation entities have a whistleblower policy in place and available to officers and employees.
The whistleblower policy should be a clear and accessible and outline the key elements of whistleblower protections. A good policy will answer:
- Who is an eligible whistleblower?
- What is a disclosable matter?
- To who, and how, can an eligible whistleblower make a disclosure?
- What are whistleblowers protected from?
Handling of whistleblower disclosures
There must also be fair and transparent processes in place for investigating disclosures, whilst protecting whistleblower confidentiality and ensuring the whistleblower suffers no detriment from having made the disclosure.
It is important for all staff to understand who the whistleblower protection officers are in an organisation, and to ensure they are aware of how to make a whistleblower disclosure that is eligible for whistleblower protections.
Meeting your obligations
If you need assistance with your whistleblower policy, understanding your company’s obligations or would like training for both whistleblower protection officers and staff, reach out to our team at Griffin Legal.
Our team’s expertise in policy development, and complaints handling and investigations, ensure we provide training which addresses the essential elements of the whistleblower protection scheme and also help you to establish appropriate processes for:
- effectively managing and investigating whistleblower disclosures;
- supporting and protecting whistleblowers and ensuring access to crisis support resources; and
- ensuring whistleblower protection officers understand and are equipped to meet their obligations.
We will also ensure your organisation understands what steps to take if a disclosure reveals misconduct or breaches of the law
Contact our office today for more information on whistleblower training or policies for your organisation.