Brisbane lawyer Nicole Murdoch warns breaches of new whistleblower protections is ‘severe and costly’
Queensland whistleblowers have been granted stronger protections to expose corporate corruption in an unprecedented crackdown in Australia.
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QUEENSLAND whistleblowers have been granted stronger protections to expose corporate corruption.
The law change — which criminalises retribution against whistleblowing workers — comes as journalists and their sources face an unprecedented crackdown in Australia.
Brisbane firm Eaglegate Lawyers said the Corporations Act now protected whistleblowers from criminal prosecution, civil lawsuits or disciplinary action.
“The Corporations Act effectively makes it illegal for someone to hurt or threaten a whistleblower,” Eaglegate Lawyers principal Nicole Murdoch said.
“Even if a disclosure has not been made, the Act can still apply to protect a person if the offender threatens to harm them because they suspect that this person has made or is likely to disclose a controversial act.”
It comes as whistleblowers and media companies face increasing threats from authorities.
In June the Australian Federal Police raided the Canberra home of News Corp journalist Annika Smethurst over a story she wrote about proposed spy powers.
The next day the AFP raided ABC headquarters after it published stories on the role of Australian special forces in Afghanistan.
The changes to the Corporations Act applies to companies which may include government owned corporations.
The protections cover disclosures made within a company or to official oversight agencies like the Australian Securities and Investments Commission.
“The protections may also apply if the person makes a whistleblower report to the media or a Member of Parliament, if the reported issue is a matter of public interest or it qualifies as an emergency,” she said.
The changes are expected to impact almost all Australian companies and could include foreign corporations.
Stiff penalties including jail time and massive fines exist for breaching the whistleblower provisions.
Companies will also be required to have a whistleblower policy in place by January or face a $12,600 fine.
“The penalty for noncompliance and breaching the amended section of the Act is severe and costly,” Ms Murdoch said.
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