Author: Tim Lange, Partner
Whistle-blower protection laws applying to internal (and some external) disclosures are on the cards. The amendments will bring a new and aggressive protection regime into the Corporations Act 2001, replacing the relatively limited scheme that currently exists. Unlike the current scheme, which has not had a significant impact, the new scheme will significantly alter the landscape in favour of claimants arguing that they have been victimised or exposed as a result of having made a legitimate disclosure of misconduct or breaches of the law. The amendments are contained in a bill currently before the Australian parliament and expected to be passed with bipartisan support, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017.
Tim Lange, Partner and Michelle Cox, Associate, discuss the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017
The amendments broaden the scope of disclosures that attract protection under the scheme, and make identification or other adverse conduct towards a whistle-blower unlawful. They significantly enhance the capacity to make claims for compensation for alleged victimisation, and make such claims ‘plaintiff friendly’ by reversing the ordinary onus of proof about what reasons prompted the adverse conduct, and allowing successful claimants to be awarded legal costs (while denying respondents the usual capacity to obtain costs against an unsuccessful claimant).
Whistle-blower claims under the Corporations Act will have much in common with protections which exist under work health and safety legislation and ‘general protections’ provisions in Part 3-1 of Fair Work Act 2009 (Cth), each of which protect employees who make certain employment-related complaints.
