Report

Whistleblower Protections

13 September 2017

© Commonwealth of Australia 2017
ISBN 978-1-76010-630-0

View the report as a single document - (PDF 2904KB)
​View the corrigendum (tabled on 14 September 2017) - (PDF 51KB)


View the report as separate downloadable parts:

Members of the Committee (PDF 26KB)
Executive Summary (PDF 28KB)
Recommendations (PDF 67KB)
Abbreviations (PDF 11KB)
Chapter 1 - Introduction (PDF 28KB)

Duties of the Committee
Terms of reference
Conduct of the inquiry
Structure of the report
Acknowledgements
Notes on references

Chapter 2 - Background (PDF 1212KB)

Introduction
Context—why whistleblowing is important
Public interest disclosure
Previous inquiries and reviews
International developments
Analysis of international and Australia's whistleblower protections

Chapter 3 - Consistency across sectors (PDF 431KB)

Legislation currently in place that relates to whistleblowers
Fragmentation of, and inconsistencies in, current legislation
Inconsistencies in whistleblowing processes and practice
Achieving consistency across sectors
Constitutional limitations
Committee view

Chapter 4 - Comparison of whistleblower protections (PDF 71KB)
Chapter 5 - Definition of disclosable conduct (PDF 81KB)

Current arrangements
Public sector
Private sector

Chapter 6 - Definition of whistleblowers and thresholds for protection (PDF 91KB)

Broad definition of a whistleblower
Protections for suspected whistleblowers
Protections for those handling disclosures
Protections for suppliers and customers
Thresholds for protection

Chapter 7 - Anonymity of whistleblowers (PDF 75KB)

Provisions and protections for anonymous reporting
Continuity of protection
Protections for confidentiality

Chapter 8 - Internal, regulatory, and external reporting channels (PDF 66KB)

Reporting channels in current legislation
Internal disclosures
Regulatory disclosures
External disclosures

Chapter 9 - Members of Parliament (PDF 89KB)

Background
The current inquiry
Advice from the Clerks
Committee view

Chapter 10 - Protections, remedies and sanctions for reprisals (PDF 138KB)

Current legislation
Evidence received during the inquiry
Committee view

Chapter 11 - Reward system (PDF 123KB)

Introduction
Bounty systems in other jurisdictions
Arguments for a reward system in Australia
Arguments against a reward system
Committee view

Chapter 12 - Whistleblower Protection Authority (PDF 144KB)

Previous consideration by committees
Current arrangements
Evidence received by the committee
Investigation of reprisals
Committee view

Appendix 1 - Submissions, tabled documents and answers to questions on notice received by the Committee (PDF 18KB)
Appendix 2 - Public hearings and witnesses (PDF 19KB)
Appendix 3 - Submission from the Clerk of the Senate (PDF 62KB)
Appendix 4 - Submission from the Clerk of the House of Representatives (PDF 58KB)
Appendix 5 - The agreement struck between NXT and the Government during the passage of the Fair Work (Registered Organisations) Amendment Bill 2014 (PDF 11KB)

Committee Secretariat contact:

Committee Secretary
Parliamentary Joint Committee on Corporations and Financial Services
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3583
Fax: +61 2 6277 5719
corporations.joint@aph.gov.au