Speaking up should be simple. In a just system, exposing misconduct or abuse of power ought to be encouraged – not punished. Yet for many whistleblowers, doing the right thing can quickly become a stressful, risky, and costly ordeal.
What is whistleblowing?
Whistleblowing refers to a person who reports an individual or organisation engaged in illegal or unethical activity. It involves reporting serious misconduct, corruption, or unlawful behaviour within an organisation.
The laws that outline whistleblowing are:
- Public Interest Disclosures Act 2013 (Cth)
- Part 9.4AAA of the Corporations Act 2001 (Cth)
- Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth)
These laws aim to foster integrity, accountability, and lawful behaviour in both public and private organisations.
In the public sector, whistleblowing is regulated by the Public Interest Disclosure Act 2013 (Cth), which sets out how reports can be made and how whistleblowers are protected. To be covered by these protections, a report must be made to an authorised body, such as the Independent Broad-based Anti-Corruption Commission (IBAC). Protected disclosures can include reports of corruption, serious misconduct, or risks to public health, safety, or the environment. Whistleblowers are entitled to confidentiality, legal immunity, and protection from retaliation or other negative consequences.
In the private sector, whistleblower protections are set out under the Corporations Act 2001 (Cth). To be protected, the disclosure must relate to misconduct, breaches of the law, or other forms of wrongdoing within a company. The report must be made to an eligible recipient, such as a company director, senior manager, auditor, or ASIC. Whistleblowers in the private sector are also entitled to confidentiality, protection from civil or criminal liability, and safeguards against dismissal, harassment, or other forms of retaliation.
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) makes changes to several laws to strengthen whistleblower protections:
- It updates the Corporations Act 2001 (Cth) to expand and improve protections for people who report misconduct in companies and the financial sector.
- It adds new protections under the Taxation Administration Act 1953 (Cth) for people who report tax law breaches or misconduct related to an organisation’s tax affairs.
- It also makes related updates to other financial laws, including the Banking Act 1959, Insurance Acts 1973 & 1995, and Superannuation Industry Act 1993, to support these changes.
Why is whistleblowing so important?
Whistleblowers often disclose wrongdoing committed by people with high authority. They disrupt organisational hierarchies and break unwritten rules of silence, and are often perceived as disloyal or damaging to reputation. Whistleblowing poses reputational and financial risks for organisations, as often, disclosures lead to heavier scrutiny, litigation, and public criticism.
It imposes a heavy psychological burden on the parties involved. Many whistleblowers suffer excessive stress, depression, isolation and financial hardship, and the emotional toll is usually severe, particularly when the whistleblowing is met with job loss, public vilification and or legal battles. These issues not only impact the whistleblower but also deter others from coming forward with legitimate concerns.
This is why it is so important for Australia’s legal landscape to provide strong protections for whistleblowers. Without these safeguards, individuals may be too fearful of retaliation, financial loss, or public backlash to report serious misconduct. Effective legal protections help create a culture where wrongdoing can be safely exposed, ensuring accountability, transparency, and trust in both public and private institutions. By protecting those who speak up, the law not only shields individuals from harm but also strengthens the integrity of Australia’s corporate and government systems.
For example, the Corporations Act 2001 (Cth) provides protections for whistleblowers by imposing penalties on individuals or companies that cause or threaten harm to a whistleblower (e.g. dismissal, harassment, reputational damage), or disclose a whistleblower’s identity without consent (except in limited circumstances). Penalties can include civil fines and criminal charges, including imprisonment.
Let’s explore some real-life cases where whistleblowing has led to legal action and public scrutiny.
Boyle v DPP [2024] SASCA 73
Whistleblower Immunity Limited to the Act of Disclosure
In this case, the South Australian Court of Appeal ruled that whistleblower protections under the Public Interest Disclosure Act 2013 (Cth) do not extend to actions taken to gather evidence in support of a disclosure.
Richard Boyle, an ATO employee, made a public interest disclosure (PID) about aggressive debt recovery practices. While his disclosure itself was protected, he was later charged for unlawfully collecting evidence – such as covert recordings and photos of taxpayer data.
Boyle argued that these preparatory actions were part of “making” the disclosure and should also be protected. The Court disagreed, finding that the Act only protects the act of disclosing information – not the prior steps taken to collect it.
The case clarifies that whistleblowers are not immune from liability for illegal conduct in gathering supporting material, raising concerns about the adequacy of current whistleblower protections. This case is still ongoing at the time of the writing of this article.
Angela Green v BHP
Whistleblower Retaliation and the Limits of Workplace Protection
Angela Green v BHP highlights the risks whistleblowers face in the private sector. Angela Green, a former explosives expert at a BHP mine, reported a colleague for secretly filming female staff and stealing personal items. After making the disclosure, she says she was interrogated by management, accused of misconduct, and ultimately dismissed.
Green rejected a settlement offer tied to a non-disclosure agreement and joined a class action against BHP and Rio Tinto, alleging widespread sexual harassment and discrimination. Her case underscores the need for stronger legal protections and support for whistleblowers facing retaliation.
Conclusion
Whistleblowing remains an issue in society because it tests individual ethics, institutional power, legal frameworks and public interest. While whistleblowers expose wrongdoing, they often do so at great personal and professional risk. Without support systems and independent oversight, whistleblowers will continue to face obstacles, undermining the concept of justice and transparency. In Australia, recent legal developments have made some progress, but cases like Boyle and Green show that the current framework still leaves gaps in protection. Strengthening whistleblower laws and enforcement remains essential to building a safer, more accountable legal landscape.
Please get in touch with Warlows Legal today using the contact information below.
