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Whistleblower Protections under the Corporations Act 2001

1/01/20
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Substantial changes to the whistleblower protection laws in the Corporations Act 2001 (Cth) (Corporations Act) came into effect on 1 July 2019. The previous whistleblower protection laws applied to companies, including public companies limited by guarantee, which is the corporate structure of many schools. Under the new whistleblower protection laws, the Regulated Entities were expanded to include corporations to which the Commonwealth Constitution applies, that is, foreign corporations and trading or financial corporations. A not-for-profit organisation, such as a school, may meet the definition of a trading or financial corporation and accordingly be a Regulated Entity.

The new whistleblower protection laws expand the categories of individuals who may be an Eligible Whistleblower and the types of misconduct that may be a disclosable matter.

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