Corporations Act 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS  

Note: This Part applies in relation to CCIVs with modifications: see 1242E .

SECTION 1317AAD   PUBLIC INTEREST DISCLOSURE AND EMERGENCY DISCLOSURE  

1317AAD(1)    
A disclosure of information (the public interest disclosure ) by an individual (the discloser ) qualifies for protection under this Part if:

(a) the discloser has previously made a disclosure of that information (the previous disclosure ) that qualifies for protection under this Part under subsection 1317AA(1) ; and

(b) at least 90 days have passed since the previous disclosure was made; and

(c) the discloser does not have reasonable grounds to believe that action is being, or has been, taken to address the matters to which the previous disclosure related; and

(d) the discloser has reasonable grounds to believe that making a further disclosure of the information in accordance with this subsection would be in the public interest; and

(e) after the end of the period referred to in paragraph (b), the discloser gave the body to which the previous disclosure was made a written notification that:

(i) includes sufficient information to identify the previous disclosure; and

(ii) states that the discloser intends to make a public interest disclosure; and

(f) the public interest disclosure is made to:

(i) a member of the Parliament of the Commonwealth, the Parliament of a State or the legislature of a Territory; or

(ii) a journalist; and

(g) the extent of the information disclosed in the public interest disclosure is no greater than is necessary to inform the recipient referred to in paragraph (f) of the misconduct or the improper state of affairs or circumstances referred to in subsection 1317AA(4) or the conduct referred to in subsection 1317AA(5) , as the case may be.

1317AAD(2)    
A disclosure of information (the emergency disclosure ) by an individual (the discloser ) qualifies for protection under this Part if:

(a) the discloser has previously made a disclosure of that information (the previous disclosure ) that qualifies for protection under this Part under subsection 1317AA(1) ; and

(b) the discloser has reasonable grounds to believe that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment; and

(c) the discloser gives the body to which the previous disclosure was made a written notification that:

(i) includes sufficient information to identify the previous disclosure; and

(ii) states that the discloser intends to make an emergency disclosure; and

(d) the emergency disclosure is made to:

(i) a member of the Parliament of the Commonwealth, the Parliament of a State or the legislature of a Territory; or

(ii) a journalist; and

(e) the extent of the information disclosed in the emergency disclosure is no greater than is necessary to inform the recipient referred to in paragraph (d) of the substantial and imminent danger.

1317AAD(3)    
In this section:

journalist
means a person who is working in a professional capacity as a journalist for any of the following:

(a) a newspaper or magazine;

(b) a radio or television broadcasting service;

(c) an electronic service (including a service provided through the internet) that:

(i) is operated on a commercial basis, or operated by a body that provides a national broadcasting service (within the meaning of the Broadcasting Services Act 1992 ); and

(ii) is similar to a newspaper, magazine or radio or television broadcast.