WHISTLE BLOWING – LAW AND LEGISLATION – AUSTRALIA

Labor to boost whistleblower protections in last sitting fortnight of parliamentary year

roymorgansocial Leave a comment

Original article by Paul Karp
The Guardian Australia – Page: Online : 16-Nov-22

Attorney-General Mark Dreyfus will address the Australian Public Sector Anti-Corruption Conference in Sydney on Wednesday. He will reveal plans to pursue amendments to the Public Interest Disclosure Act which aim to provide increased protection for whistleblowers. Cabinet has approved the draft legislation, which will be introduced to parliament before it rises for the year. The federal government will pursue "priority amendments" to the Act, ahead of a fuller review in 2023. It wants stronger whistleblower protections to be in place before the National Anti-Corruption Commission becomes operational in mid-2023.

CORPORATES
AUSTRALIA. ATTORNEY-GENERAL’S DEPT

PM rejects fears on press freedom

roymorgansocial Leave a comment

Original article by Greg Brown
The Australian – Page: 2 : 6-Sep-19

Prime Minister Scott Morrison has stressed that the Coalition is "absolutely" committed to press freedom. He has also expressed his view that there are sufficient protections for whistleblowers, while he has defended the Australian Federal Police over the recent raid on the Canberra home of Australian Signals Directorate officer Cameron Gill. News Corp Australia executive Campbell Reid has claimed that the AFP raid was aimed at intimidating potential whistleblowers into not approaching the media.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN FEDERAL POLICE, AUSTRALIAN SIGNALS DIRECTORATE, NEWS CORP AUSTRALIA PTY LTD, NEWS CORPORATION – ASX NWS, NINE ENTERTAINMENT COMPANY HOLDINGS LIMITED – ASX NEC, LAW COUNCIL OF AUSTRALIA

New whistleblower bill unworkable

roymorgansocial Leave a comment

Original article by Chris Merritt
The Australian – Page: 23 & 25 : 16-Apr-18

Griffith University’s Professor A.J. Brown has criticised proposed laws that aim to protect whistleblowers. He says a major flaw is that a whistleblower would essentially have to reveal themselves to be the source of information that was leaked to journalists in order to be protected by the legislation. He adds that as presently drafted, such protection would still only apply if they had gone public about an "imminent risk" of danger to public health or safety or to the financial system. Media, Entertainment & Arts Alliance CEO Paul Murphy has also questioned the merits of the proposed laws.

CORPORATES
GRIFFITH UNIVERSITY, MEDIA, ENTERTAINMENT AND ARTS ALLIANCE, TRANSPARENCY INTERNATIONAL, AUSTRALIA. DEPT OF FINANCE, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, SECURENCY INTERNATIONAL PTY LTD

Whistleblowers to get percentage of penalties

roymorgansocial Leave a comment

Original article by Misa Han
The Australian Financial Review – Page: 11 : 15-Sep-17

Providing whistleblowers with financial rewards is among the recommendations of a joint parliamentary committee that is examining the issue of increased protection for whistleblowers. The committee has proposed that people who expose corrupt practices in the corporate sector should receive a proportion of the financial penalty imposed on the company. Lauren Witherdin of KPMG has downplayed the concerns of lawyers that a "bounty" system modelled on the US one would encourage people to make spurious allegations for financial gain.

CORPORATES
KPMG AUSTRALIA PTY LTD, NICK XENOPHON TEAM

Bounties urged for evidence

roymorgansocial Leave a comment

Original article by Nassim Khadem, Adele Ferguson
The Age – Page: 1 : 14-Sep-17

The final report of a federal parliamentary inquiry has recommended increased legal protection for whistleblowers. Amongst other things, the joint parliamentary committee has proposed establishing a Whistleblower Protection Authority and providing financial payments or "bounties" for people who expose illegal conduct in the public or private sector. Under the proposed bounty system, a whistleblower who had participated in the criminal activity could potentially receive immunity from prosecution rather than a financial reward.

CORPORATES
AUSTRALIA. JOINT STATUTORY COMMITTEE ON CORPORATIONS AND FINANCIAL SERVICES, AUSTRALIA. DEPT OF FINANCE, LIBERAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIAN GREENS, CPR PARTNERS, FEDERAL COURT OF AUSTRALIA, ORIGIN ENERGY LIMITED – ASX ORG

New whistleblower protections could hit senior CFMEU officials

roymorgansocial Leave a comment

Original article by David Marin-Guzman
The Australian Financial Review – Page: 2 : 19-Dec-16

Former Construction, Forestry, Mining & Energy Union organisers Andrew Quirk and Brian Miller are continuing to challenge their sacking after revealing in 2014 that the union’s New South Wales branch had links to an underworld figure. They are being represented by lawyer Chris McArdle, who argues that they would have had much greater protection if the Federal Government’s new whistleblower laws had been in place at the time of their dismissal.

CORPORATES
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION OF AUSTRALIA, SEYFARTH SHAW LLP

Senate deal could see whistleblower bounty

roymorgansocial Leave a comment

Original article by Matthew Knott, Georgia Wilkins
The Age – Page: 4 : 23-Nov-16

Senate crossbenchers Nick Xenophon and Derryn Hinch have warned that the Australian Government will face a backlash if it tries to back down on a deal to increase protection for whistleblowers. The Government agreed to the reforms in return for support for its bill to establish a registered organisations commission. The US system of paying bounties to whistleblowers is being considered by a parliamentary inquiry, which will report its recommendations by mid-2017.

CORPORATES
NICK XENOPHON TEAM, COMMONWEALTH BANK OF AUSTRALIA – ASX CBA, BHP BILLITON LIMITED – ASX BHP, UNITED STATES. SECURITIES AND EXCHANGE COMMISSION, 7-ELEVEN STORES PTY LTD, GRIFFITH UNIVERSITY

US awards $5 million to BHP Billiton whistleblower

roymorgansocial Leave a comment

Original article by Nick McKenzie,{SPAC}Michael Bachelard,{SPAC}Richard Baker
The Australian Financial Review – Page: 1 & 8 : 29-Aug-16

Crossbenchers will seek legislative reforms to strengthen Australia’s laws on the protection of corporate whistleblowers. Financial Services Minister Kelly O’Dwyer has indicated that changes to the whistleblower regime are on the agenda. At present, Australian laws provide little protection for people who expose corrupt conduct. US laws allow whistleblowers to receive a percentage of any fine imposed on a company. A BHP Billiton employee has been paid $US3.75m ($A4.96m) under the Sarbanes-Oxley Act for exposing corrupt practices at the mining giant.

CORPORATES
AUSTRALIA. DEPT OF FINANCE,{SPAC}BHP BILLITON LIMITED – ASX BHP,{SPAC}UNITED STATES. SECURITIES AND EXCHANGE COMMISSION,{SPAC}AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION,{SPAC}AUSTRALIAN FEDERAL POLICE,{SPAC}AUSTRALIAN BROADCASTING CORPORATION,{SPAC}THIESS PTY LTD,{SPAC}CIMIC GROUP LIMITED – ASX CIM,{SPAC}AUSTRALIA. FAIR WORK COMMISSION,{SPAC}AUSTRALIA. DEPT OF DEFENCE,{SPAC}AUSTRALIAN LABOR PARTY