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Whistleblowers and victimisation

Legislation:

South Australia legislation

Under SA legislation it is unlawful for a person who has disclosed information regarding maladministration or corruption to be victimised as a result of their having made such disclosure.

The Whistleblowers' Protection Act 1993 (SA) has been specifically designed to protect whistleblower by providing them with immunity from civil or criminal prosecution and confidentiality. However, this protection is really only focused on public sector organisations.

Under s 9 of the Act if a person causes detriment to a whistleblower as a result of their having made a disclosure, or being about to make a disclosure, regarding maladministration or corruption, they are committing an act of victimisation.

Commonwealth legislation

Protection for private sector whistleblowers is provided under the Corporations Act 2001 (Cth). Protection is provided for officers and employees of a company who disclose information of illegal practices, fraud or misappropriation of funds to company auditors. It is an offence under the Act for a person to be treated detrimentally (victimised) as a result of their having much such disclosures.

Whistleblowers and victimisation  :  Last Revised: Thu Aug 30th 2007




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