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ARTICLE · 16 OCTOBER 2019

Compulsory whistleblower policy

To encourage whistleblowers, all companies are required to have a whistleblower policy by the first day of 2020.

AustraliaEmployment and HR

Under section 1317AI of the Corporations Act, 2001 from 1 January 2020 all public companies, large proprietary companies and proprietary companies that are trustees of registrable superannuation entities (self-managed superannuation funds are not caught) will be required to have a whistleblower policy.

Importantly, this requirement for a designated whistleblower policy captures all charities and Not-for-profits which are structured as public companies limited by guarantee.

These whistleblower policies must contain certain information, namely;

  • a summary of the protections available to whistleblowers;
  • the name or role of the person(s) to whom protected disclosures should be made, and how they can be made;

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