Professional Documents
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Information sheets provide concise guidance on a specific process or compliance issue or an overview
of detailed guidance.
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If you fall within the specific statutory definition of a whistleblower, you are also entitled to
certain immunities and protections under the Corporations Act 2001 (Corporations Act), but
you should seek separate legal advice about that. If you are concerned about protection and
are unsure if the law can protect you, we recommend that you seek your own advice from a
lawyer.
While the protections under the Corporations Act may not be available to all persons who
have such valuable information, we are still keen to receive such information to help us carry
out our regulatory functions. ASIC keeps confidential all information provided to us. We
consider all information from the public as potentially providing valuable insights into
possible misconduct that we may need to act on.
Who is a whistleblower?
In general, a whistleblower is a person, usually an employee, contractor or member of an
organisation, who reports misconduct or dishonest or illegal activity that has occurred within
that same organisation.
However, in order for you to be considered a whistleblower under the Corporations Act
and for the Corporations Act to provide you with protection as a whistleblower, you must
meet certain criteria and do certain things when making your disclosure.
1.
2.
3.
You must identify yourself when making your disclosure (this means giving your name
to the person or authority you are making the disclosure to).
4.
You must have reasonable grounds to suspect that the information you are disclosing
indicates that the company or company officer may have breached the Corporations Act
or the Australian Securities and Investments Commission Act 2001 (ASIC Act).
5.
Get advice
It is important to get legal advice on whether you will be entitled to protection as a
whistleblower under the law. ASIC is not able to give personal legal advice and can only
provide general information on this issue. The information and examples in this information
sheet might not apply to your situation; we strongly encourage you to seek legal advice about
your personal circumstances. Only a properly accredited legal practitioner who understands
your circumstances can give you legal advice. This is especially important, given the
personal nature of the provisions.
Important notice
Please note that this information sheet is a summary giving you basic information about a
particular topic. It does not cover the whole of the relevant law regarding that topic, and it is
not a substitute for professional advice. You should also note that because this information
sheet avoids legal language wherever possible, it might include some generalisations about
the application of the law. Some provisions of the law referred to have exceptions or
important qualifications. In most cases your particular circumstances must be taken into
account when determining how the law applies to you.