Whistleblower Services - Is your house in order?

On 1 July 2019 the Federal Government amended the Corporations Act 2001 – Treasury Laws Amendment (Enhancing Whistleblower Protections) 2019.

The amendment requires all:

•      Public, publicly listed, corporate trustees of APRA-regulated superannuation entities and large proprietary companies, and;

•      Charities or not-for-profits structured as public companies limited by guarantee, if their annual (consolidated) revenue is $1 million or more;

To have a Whistleblower Policy.

Penalties in relation to a failure to have a Whistleblower policy could incur a fine of $12,600.

The other changes to the legislation include the definition of an eligible whistleblower to include:

  • Current and former employees;

  • A supplier of services or goods (paid or unpaid) and their employees;

  • An associate of the entity;

  • A relative, dependent or spouse of a current or former employee, contractor, consultant, service provider, supplier and business partner.

If the entity is a superannuation entity, an eligible whistleblower can include:

  • A trustee, custodian or investment manager including their employees;

  • A supplier of services or goods to the trustee, custodian or investment manager (paid or unpaid) including their employees;

  • An officer, employee or supplier of goods and services (paid or unpaid) or their employees of a body corporate that is a trustee, custodian or investment manager of a superannuation entity; or

  • A relative, dependent or spouse of a trustee, custodian or investment manager including their employees.

There are now harsh consequences for breaching the confidentiality or victimising or threatening a whistleblower.

We have been helping organisations establish whistleblower services for many years and are regarded as subject matter experts in the field.

Stopline also conduct training on whistleblower requirements so that organisations understand their obligations in relation to the new amendments to the acts, know what to do when a whistleblower disclosure is received and how to investigate the allegations.

Our training has moved to an online platform due to the current pandemic, to ensure that our participants are safe, but can still continue their professional development. 

For more information on whistleblowing, if you would like assistance with establishing a whistleblower service, or attend our training on whistleblower requirements and investigations, please don’t hesitate to contact Stopline to discuss your specific requirements.

Andrew McLeish

Andrew McLeish is the CEO and Managing Director of Stopline Pty Ltd, Australia’s first dedicated whistleblower hotline service, and the Founder of Make a Report Pty Ltd, a secure, cloud-based reporting and case management platform. With more than 25 years of experience in corporate governance, whistleblower reporting, and workplace investigations, Andrew is a nationally recognised authority in integrity services and compliance.

Since Stopline was founded in 2001, Andrew has led the delivery of whistleblower services to over 500 organisations across government, corporate, and not-for-profit sectors, managing thousands of confidential disclosures each year. Drawing on over two decades of insight and client feedback, Andrew designed and built the Make a Report platform to align with key legislative requirements - such as the Corporations Act, Public Interest Disclosure Act, and the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 - as well as national and international standards including AS 8001:2021 – Fraud and Corruption Control, ISO 37001 – Anti-Bribery Management Systems, and ISO 37002 – Whistleblowing Management Systems.

He is a trusted advisor to boards, executives, and compliance leaders, known for his practical, ethical, and strategic approach to addressing complex matters involving misconduct, fraud, and corporate wrongdoing.

https://www.stopline.com.au
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