Whistleblower protection in Australia is offered for certain disclosures under a patchwork of laws at both federal and state level. Eligibility for protection depends on the requirements of the applicable law and the subject matter of the disclosure. Not all disclosures are protected by law in Australia. At federal level, whistleblowers face potential imprisonment for making disclosures about certain subjects, including national security[1] and immigration[2] matters.
Australia's first whistleblower protection laws were introduced in Queensland following the recommendations of the Fitzgerald Inquiry.[3] Laws have subsequently been introduced in other states and territories, culminating with the adoption of federal legislation with the passage of the Public Interest Disclosure Act 2013.
Australia has made significant strides in the area of whistleblower protection for the private sector, with new legislation to amend the Corporations Act. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 passed in December 2018. From 1 July 2019, the whistleblower protections in the Corporations Act have been expanded to provide greater protections for whistleblowers. This will include requiring public companies, large proprietary companies, and corporate trustees of APRA-regulated superannuation entities to have a whistleblower policy from 1 January 2020.
For the first time, private-sector whistleblowers now have greater protection than their public-sector counterparts.
^Paul Farrell (26 September 2014). "Journalists and whistleblowers will go to jail under new national security laws". The Guardian.
^Sarah Sedghi (1 July 2015). "Border Force Act could see immigration detention centre workers jailed for whistleblowing". ABC News. Australian Broadcasting Corporation.
^Dadic, Zac (2009). "Whistleblower Protection and Disclosures to Members of the Queensland Legislative Assembly" (PDF). Australasian Parliamentary Review. pp. 97–113. Archived from the original (PDF) on 17 March 2012. Retrieved 20 April 2016.
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