A whistleblower who discloses specified information to certain people or organisations is protected by Australian law.
Examples of this information and recipients are outlined in the following table:
| Information reported or disclosed | Recipient of disclosed information |
|---|---|
| Information about actual or suspected misconduct, or an improper state of affairs or circumstances in relation to flybuys or a related body corporate. This includes information that flybuys or any officer or employee of flybuys has engaged in conduct that: o contravenes or constitutes an offence against certain legislation (e.g. the Corporations Act); o represents a danger to the public or financial system; o constitutes an offence against any law of the Commonwealth that is punishable by imprisonment for a period of 12 months or more. Note that personal work-related grievances are not protected disclosures |
|
| Information that may assist the Commissioner of Taxation to perform his or her functions under a taxation law in relation to flybuys or a related body corporate. |
|
| Information about misconduct, or an improper state of affairs or circumstances, in relation to the tax affairs of flybuys or a related body corporate. |
|
It is important to note that a disclosure must be made directly to one of the above specified recipients in order to qualify for protection as a whistleblower under Australian law.
The law also protects certain disclosures made in “emergency” and “public interest” circumstances, which allows for the disclosure to be made to a journalist or parliamentarian. It is important to understand the criteria for making a disclosure in these circumstances, which includes, among other things:
- that a person has first made the disclosure to flybuys, ASIC, APRA or other prescribed body; and
- they have provided written notice to that entity that you they intend to make a public interest or emergency disclosure in relation to this issue. In the case of public interest disclosures, at least 90 days must have passed since the original disclosure. You should seek independent legal advice before making a “public interest” or “emergency” disclosure.
You should seek independent legal advice before making a “public interest” or “emergency” disclosure.
We request that you also please contact flybuys’ People & Sustainability team if you need to report an emergency. “Emergency” covers any situation where immediate assistance is needed, such as an actual or potential workplace violence situation or a matter where you have been physically harmed or feel that harm is imminent.
Public Interest Disclosure
Please see below for further information on making a report under these provisions:
To qualify for public interest disclosure protection under the Corporations Act a Whistleblower:
(a) must have made an eligible report to ASIC or APRA;
(b) must confirm that at least 90 days have passed since the report was made;
(c) does not have reasonable grounds to believe that action has been or is being taken to address the matters raised in the report;
(d) reasonably believes further disclosure is in the public interest;
(e) has provided ASIC or APRA (whichever received the initial report) with written notification that identifies the previous report and that they intend to make a public interest disclosure; (f) disclose information that is not greater than necessary to inform the recipient of the misconduct, or improper state of affairs; and
(g) make the disclosure to:
(1) a member of Parliament of the Commonwealth, the Parliament of a State, or the legislature of Territory; or
(2) a journalist.
Emergency Disclosure
To qualify for emergency disclosure protection under the Corporations Act, a Whistleblower:
(a) must have made an eligible report to ASIC or APRA;
(b) reasonably believes that the information concerns a substantial and imminent danger to the health or safety of one or more persons or to the natural environment;
(c) has provided ASIC or APRA (whichever received the initial report) with written notification that identifies the previous report and that they intend to make an emergency disclosure;
(d) disclose information that is not greater than necessary to inform the recipient of the substantial and imminent danger; and
(e) make the disclosure to:
(1) a member of Parliament of the Commonwealth, the Parliament of a State, or the legislature of Territory; or
(2) a journalist.