The agreement struck between NXT and the Government during the passage of
the Fair Work (Registered Organisations) Amendment Bill 2014
the agreement to strengthen and enhance whistleblower protections in the
Registered Organisation Commission (ROC) legislation, the Government has agreed
to the following:
support a Parliamentary inquiry to examine the ROC whistleblower amendments with
the objective of implementing the substance and detail of those amendments to
achieve an equal or better whistleblower protection and compensation regime in
the corporate and public sectors.
support the Parliamentary inquiry considering, on the basis of mutually agreed
terms of reference, matters including but not limited to:
arrangements in whistleblower legislation across different jurisdictions, for
example the bounty system used in the United States.
definition of detrimental action and reprisal and the interaction between
criminal and civil liability.
associated with internal disclosures.
the motion to refer this issue to the Parliamentary Committee will be voted on
in the Senate (or if a reference to a Joint Committee by both House of
Parliament) by Wednesday 30 November 2016 with a reporting date of 30 June 2017.
following the tabling of the Parliamentary Committee report, if the report
recommends adopting stronger whistleblower protections in the corporate and
public sectors, the Government will establish an expert advisory panel to
expedite the development and drafting of legislation to implement whistleblower
reforms in the corporate and public sectors.
- That legislation will be introduced into the Parliament
by December 2017 (subject to any extensions on the Parliamentary inquiry
reporting date that may be determined by the Senate) to introduce greater
protections for whistleblowers in the corporate and public sectors consistent
with the recommendations of the Parliamentary Committee and the expert advisory
panel with the proviso that the Government commits to, as a minimum, supporting
the substance and detail of the whistleblower protection and compensation
regime contained in the ROC legislation.
- The Government will commit to support enhancements to
whistleblower protections and commit to a parliamentary vote on the legislation
no later than 30 June 2018.
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