Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-5 - PROTECTION FOR WHISTLEBLOWERS  

Division 469 - Effects of disclosure  

SECTION 469-1   DISCLOSURE THAT QUALIFIES FOR PROTECTION NOT ACTIONABLE ETC.  

469-1(1)    
If a person makes a disclosure that qualifies for protection under this Part:

(a)    the person is not subject to any civil or criminal liability for making the disclosure; and

(b)    no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

Note:

This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.

469-1(2)    
Without limiting subsection (1) :

(a)    the person has qualified privilege in respect of the disclosure; and

(b)    a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

469-1(3)    
Without limiting paragraphs (1)(b) and (2)(b) , if a court is satisfied that:

(a)    a person (the employee ) is employed in a particular position under a contract of employment with another person (the employer ); and

(b)    the employee makes a disclosure that qualifies for protection under this Part; and

(c)    the employer purports to terminate the contract of employment on the basis of the disclosure;

the court may order that the employee be reinstated in that position or a position at a comparable level.