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Improving Protections for Corporate Whistleblowers: Options Paper


Friday, 23 October 2009

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Information from whistleblowers can make an invaluable contribution to the protection of investor interests and the preservation of market integrity. However, whistleblowers must be shielded from the risks they face in coming forward.

The purpose of this paper is to seek stakeholder views on possible reforms to the legislative protections provided to corporate whistleblowers under Part 9.4AAA of the Corporations Act 2001.

This paper sets out a range of concerns in relation to existing protections along with options for reform and questions which are designed to focus the discussion. It is preferred that you address the focus questions in indicating the option(s) you believe to be best. There is also an additional issue on which the Government is seeking feedback. Comments in relation to this and/or any other concerns you may have with the current framework are welcome.

Several of the potential reforms also relate to the whistleblower protections provided by the banking and insurance prudential legislation. However, as these provisions are relatively recent, broad changes to the protections offered by these Acts are not anticipated.

Making a submission

Interested parties are invited to comment on the options paper. While submissions may be lodged electronically, by post or by facsimile, electronic lodgment is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence.  Automatically generated confidentiality statements in emails do not suffice for this purpose.  Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.  A request made under the Freedom of Information Act 1982 (Commonwealth) for a submission marked 'confidential' to be made available will be determined in accordance with that Act.

Closing date for submissions: 21 December 2009

Address written submissions to:
Tim Hicks
Corporate Reporting and Accountability Unit
Corporations and Financial Services Division
The Treasury
Langton Crescent

Email:  whistleblowingreview@treasury.gov.au

For enquiries, please call (02) 6263 3183

Documents Available:

Acrobat (PDF) documents

 Acrobat (PDF)

Improving protections for Corporate whistleblowers: Options Paper  184.41kb

Microsoft Word (RTF) documents

 Microsoft Word (RTF)

Improving Protections for Corporate Whistleblowers: Options Paper  2,455.04kb

Related Items:

Submissions: Improving Protections for Corporate Whistleblowers: Options Paper - 2/02/2010

Treasury received 22 submissions in response to the consultation on the Improving Protections for Corporate Whistleblowers: Options Paper. There were 20 public submissions, and 2 confidential submissions. The submissions that do not contain confidential material are listed below and are accessible by selecting the author.

The opinions expressed in the submissions are those of the authors and do not necessarily reflect the views of the Government or the Treasury.

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