Our resources area includes details of some of those influences for your ease of access. They are:
Legislation has been enacted or proposed in the Federal, State and overseas jurisdictions. Detailed below are some of the better publicised legislation, principles and standards.
Commonwealth of Australia
The Commonwealth of Australia has or is enacting legislation that specific provisions relating to whistleblowers and whistleblower protection. They include:
- Public Interest Disclosure Act 2013
- Aged Care Act 1997 (Sec: 96.8)
- Banking Act 1959 (Part VIA Sec: 52A-E)
- Corporations Act 2001 (Part 9.4AAA Sec: 1317AA–AE)
- Insurance Act 1973 (Part III A, Div 4, Sec: 38A–E)
- Life Insurance Act 1995 (Sec: 156A–E)
- Superannuation Industry (Supervision) Act 1993 (Part 29A, Div 1, Sec: 336A–E)
- Workplace Relations Act 1996 (Part 4A Sec: 337A–D)
More details are available by visiting www.comlaw.gov.au
Australian Capital Territory – Public Interest Disclosure Act 2012
New South Wales – Protected Disclosures Act 1994
Northern Territory – Public Interest Disclosure Act 2008
Queensland – Public Interest Disclosure Act 2010
South Australia – Whistleblowers Protection Act 1993
Tasmania – Public Interests Disclosures Act 2012
Victoria – Protected Disclosures Act 2012
Western Australia – Public Interest Disclosure Act 2003
Japan – Financial Instruments and Exchange Law (J-SOX)
To be advised
New Zealand – Protected Disclosures Act 2000 (Sec: 17-19A)
United Kingdom – Public Interest Disclosure Act (Sec: 47B) UK Bribery Act
United States of America – Sarbanes-Oxley Act (Sec: 309, 404, 806, 1107)
While “black letter law” has been applied via legislation such as the Sarbanes-Oxley Act (USA), the Australian environment has taken a less prescriptive approach.
ASX Corporate Governance Principles and Recommendations
For listed public companies, the Australian Securities Exchange (ASX) has published its Corporate Governance Principles and Recommendations. The recent review for application from 1 January 2008 specifically refers to the role of whistleblowers under Principle 3: “Promote ethical and responsible decision making.”
More details are available by visiting www.asx.com.au/
AS8001 – Fraud and corruption control
AS8004 – Whistleblower protection programs for entities
Standards Australia introduced corporate governance standards in 2003 recognising the need to provide guidance for all types of organisations including the public, private and not-for-profit sectors.
Education, training and continuing communication of the objectives as part of an entity’s corporate governance program is considered best practice and part of Australian Standards AS8001 and AS8004.
Australian Standard AS 8004 – 2003 states… “The entity’s commitment to and requirements for reporting of reportable conduct needs to be continuously publicised to staff, agents, contractors and other relevant third parties.”
This continuing education should include the use of an external reporting line as well as internal alternatives. AS 8001 – 2008 (para 4.3) prescribes the alternative means for staff reporting “of unethical or illegal behaviour”;
- Through normal reporting channel;
- Outside the normal reporting channels but within the entity; and
- Through reporting channels external to the entity.
AS/NZS 4360 Risk Management
2009 Business Ethics Study (St James Ethics Centre / Beaton Consulting)
A survey to raise awareness of ethical issues in the workplace, in order to encourage organisations to move beyond mere compliance to fostering a truly ethical culture.
Association of Certified Fraud Examiners – “Report to the Nation on Occupational Fraud and Abuse”
The ACFE has regularly (biennially) produced a “Report to the Nation on Occupational Fraud and Abuse” based upon a survey of its members within the USA. The survey highlights the positive impact of whistleblowers.
Australian National Audit Office
“Fraud Control in Australian Government Agencies: Guidelines for Best Practice”
Refer to Publications—“Better Practice Guides”
BDO not-for-profit fraud survey 2012
A biennial survey of fraud in the Australian not-for-profit sector that highlights that no organisation is immune to fraud and its consequences.
COSO (The Committee of Sponsoring Organisations of the Treadway Commission) 2004: “Enterprise Risk Management-Integrated Framework”
Crime and Misconduct Commission (CMC) 2005
“Fraud and Corruption Control: Guidelines for Best Practice”
Refer to Publications—“Misconduct Prevention Materials”
Fraud Risk Management
A research paper on developing a strategy for prevention, detection, and response to fraud.
KPMG Fraud Survey
KPMG undertakes biennial fraud surveys focussing on fraud in Australia.
“Whistling while they work…towards best practice” (July 2009)
A survey of public sector organisations in Australia undertaken by Griffith University on behalf of the Australian Research Council.
Whistleblower protection: a comprehensive scheme for the Commonwealth public sector (February 2009)
A report of the inquiry into whistleblowing protection within the Australian Government public sector undertaken by the House of Representatives Standing Committee on Legal and Constitutional Affairs.
Association of Certified Fraud Examiners (USA)
Australian Prudential Regulation Authority
Australian Securities Exchange
Australian Securities and Investment Commission
Institute of Chartered Accountants
Institute of Internal Auditors
Public Concern at Work (UK)
Transparency International Australia