INTHEBLACK September 2024 special edition - Flipbook - Page 30
W H I S T L E B L O W IN G
describing it as “the missing piece of
Australia’s integrity landscape”.
The three organisations also developed
draft design principles for the proposed body.
Brown, who co-wrote the Whistling While
They Work best-practice guide, says a
dedicated authority would enforce improved
legal protections for people who raise
concerns about wrongdoing under federal
laws. Its powers could include providing
support to whistleblowers, facilitating
whistleblower disclosures, and investigating
and addressing complaints of unfair treatment.
On 1 July 2019, Australia introduced
significant reforms to corporate sector
whistleblower protections under the
Corporations Act 2001. The reforms
aimed to strengthen legal protections
for whistleblowers and improve the
remedies available to those who
suffered detriment for reporting.
Five years on, Brown says it is time
for government to initiate new and
genuine reforms that shift whistleblowing
protections from being a “politically
symbolic exercise” to laws that boost
the integrity and accountability of
public and private institutions.
“Most of our whistleblower protections,
even if they look good on paper,
are simply not working effectively in
practice when tested in any major way,
especially in any difficult cases.”
THE PUBLIC INTEREST
The Australian Securities and Investments
Commission (ASIC) is responsible for
administering the whistleblower protection
provisions for the corporate sector in
the Corporations Act, including the
whistleblower policy requirements.
Claire LaBouchardiere, senior executive
leader for companies and small business at
ASIC, says whistleblowing plays a key part
in an organisation’s ability to detect
misconduct and to identify, escalate and
address issues early.
“We appreciate that potential
whistleblowers may be reluctant to speak up
due to fear of reprisals,” LaBouchardiere says.
“We consider that transparent
whistleblower policies can encourage
whistleblowers to come forward with
30 INTHEBLACK September 2024 SPECIAL EDITION
