Overview
Since the whistleblowing laws were updated in 2019 for the private sector, the focus has been on enhancing the protection of whistleblowers. As awareness grows of this protection, employers should be actively promoting how they will keep whistleblowers anonymous, in order to build employee loyalty, reduce misconduct and manage the legal, reputational and ethical risks that may arise as a result of such conduct.
Australia's whistleblowing laws are complex and currently under consultation. We predict more changes and tightening of obligations and protections for whistleblowers, particularly given the focus for public, private, not-for-profit and aged care organisations navigating federal and state legislation.
Who is a whistleblower?
A whistleblower is a person, usually an employee or customer, that reveals information about an activity within an organisation that would be deemed illegal, unlawful, immoral, unsafe or fraudulent. For protection as a whistleblower under the law, they must meet the definition of an 'eligible whistleblower', which includes most people with a connection to a company or organisation who may be in a position to observe or be affected by misconduct and may face reprisals for reporting it. The protections also extend to the spouses and relatives of these people.
A whistleblower can be a current or former employee, officer, supplier, associate, or spouse, relative or dependant of one of these individuals. A whistleblower does not have to identify themselves and can report anonymously.
An essential component of any business risk prevention strategy should be the implementation of a confidential whistleblower procedure, so those wishing to call out such behaviour have a safe and, if they prefer, anonymous, channel in which to report such activity.
Take action
What this means for your business
With new laws in place from 1 January 2020, businesses are required to handle whistleblower information correctly, or face breaches of the Corporations Act 2001. Parellel to the sector-specific crackdown, the government is executing a multi-front overhaul of whistleblower legal frameworks.
In addition to having a compliant and comprehensive Whistleblower Policy, an organisation is legally obliged to protect a whistleblower employee. Providing a secure, confidential and if required, anonymous communication channel to take reports or disclosure of this nature is a step towards such protection.
How we can help
ABLA can help your business with the confidential Whistleblower Hotline Service that provides:
- a sound procedure for identifying and reporting concerns about illegal or improper conduct
- a secure and confidential avenue for employees to speak up, offering:
- a dedicated phone line that allows for anonymity if preferred
- secure email address that is protected by ‘legal privilege’.
For a small annual subscription and call fee your business will have the peace of mind knowing your employees can safely, and without fear of persecution, raise any illegal or improper behaviour or conduct within your business.
Set your business up for success by providing a secure and confidential channel for your employees to report fraudulent or unlawful behaviour. With one email we can establish this connection for you.
Simply get in touch using the form on this page and we will provide costings and requirements for quick access.
How it works
The process at a glance
- We will provide a specific number for employees to call. An email address can also be provided.
- The number is serviced Monday to Friday (8:30am to 5:00pm) by a call centre of trained workplace advisors.
- For each call, we prepare a notification report capturing key details, including where possible the complainant, issue type, location and persons involved, in line with confidentiality.
- We send the report to your designated contact person.
- If you would like any further activities undertaken (for e.g. investigation of the complaint by any of our legal team), we will provide an estimate for such work at the relevant time.
Experience
Why chose ABLA? Our team have the knowledge about related laws that feed into whistleblowing obligations. The new psychosocial hazard law and positive duty laws are becoming increasingly interconnected. For employers, they all point toward the same expectation:
- identify risks early
- encourage people to speak up
- investigate concerns properly
- protect who raises the issues.
This connected understanding means we don't just receive and manage disclosures, we help employers see the bigger picture, identify systemic risks, meet their proactive legal duties and protect both the people who speak up and the organisations that rely on doing the right thing.
ABLA delivers a whistleblower serice that is legally rigorous, commercially aware and grounded in genuine commitment to safe, respectful and compliant workplaces.
Complete the form below for pricing information and let us help you protect your business and your workers.