Updated whistleblower protection requirements

As of 1 July 2019, changes to the Corporations Act 2001 (Cth) have been in place, creating a new whistleblower protection regime in Australia.

These legislative changes have extended the definition of ‘protected disclosures’, ‘eligible whistleblowers’ and have generally created stronger protections for whistleblowers. There is also a new requirement that certain entities, including public companies,  must have a whistleblower policy that complies with the new section 1317AI of the Corporations Act 2001 (Cth), from 1 January 2020.

 ASIC have subsequently released a Regulatory Guide that gives guidance to all companies required to have a whistleblower policy. The Regulatory Guide sets out in detail all of the elements that must be in a compliant whistleblower policy.

ASIC have also announced that not-for-profits or charities with an annual revenue of less than $1 million will be exempt from the requirement to have a policy.

However, all companies, including those not required to have a whistleblowing policy, are still bound by the whistleblower protections in the Corporations ActEven if your organisation is not required to have one, it may still be appropriate to adopt a whistleblower policy, to ensure accountability and protect vulnerable persons within your organisation.

 BNG has developed a comprehensive policy template  which addresses all the required sections listed in ASIC’s regulatory guide.

Find our resources on SPP,  in the Reading Room:

  • Policy: Whistleblower Protection (public companies)
  • Information Sheet: Whistleblower Protection
More From Our Blog
SPP has been a great resource for understanding and mapping Standards, preparing for Audits and also sourcing resources for policy development. I would recommend it to other organisations to complement their quality and compliance work. Information can be easily shared, and evidence gathered to support all work done.
Community mental health service provider, Victoria
I like the speed and ease of SPP, I love how it maps multiple standards. It’s so convenient, I couldn’t imagine the nightmare to do the work manually. The templates are great for gap analysis. SPP resource templates are great for implementing new policies in the office and for what we do day to day.
Large provider of settlement services to immigrants, New South Wales
I have found the SPP system amazing. It provides a structured way to work through the standards and then provide a succinct report on the evidence being provided for a surveyor to view how we meet the standard. I used this in our recent accreditation survey, the auditor was very impressed, AND we are now accredited for ISO 9001. Thanks again. A great system.
Provider of diverse range of health programs, Queensland
We really like SPP. We use the resources in the Reading Room and couldn't have passed our accreditation with flying colours without SPP.
Advocacy, support and education provider, Australian Capital Territory
Everything is going well with SPP. It’s helped us through three lots of accreditation over the past nine months plus some internal auditing, so I’m very glad to have had it to assist us through the processes.
Large regional multi-service provider, Victoria