Uncategorised 22nd December 2016

Consultation on whistleblower protection

by Peter Timmins

Australia’s Open Government National Action Plan Commitment 1.1:

“Improve whistle-blower protections in the tax and corporate sectors

Australia will ensure appropriate protections are in place for people who report corruption, fraud, tax evasion or avoidance, and misconduct within the corporate sector. We will do this by improving whistle-blower protections for people who disclose information about tax misconduct to the Australian Taxation Office. We will also pursue reforms to whistle-blower protections in the corporate sector, with consultation on options to strengthen and harmonise these protections with those in the public sector.”

Treasury announcement 20 December:

“In the 2016-17 Federal Budget the Government announced the introduction of new arrangements to better protect tax whistleblowers as part of its commitment to tackling tax misconduct. In addition, as part of the Open Government National Action Plan, the Government has committed to ensuring appropriate protections are in place for people who report corruption, fraud, tax evasion or avoidance, and misconduct within the corporate sector. This consultation paper is also intended to complement the work of the recently established Parliamentary Inquiry into whistleblower protections in the corporate, public and not-for-profit sectors. The consultation paper will assist members of the public in making submissions to either or both processes as it:

  • gathers together information about existing whistleblower provisions already operating in Australia, including those under the recent amendments to the Fair Work (Registered Organisations) Amendment Act 2016, and overseas in major comparable jurisdictions;
  • includes critiques of existing Australian provisions;
  • canvasses a range of options for reform of existing protections under the Corporations Act 2001 and similar provisions under other financial system legislation administered by ASIC and APRA which apply to corporations;
  • canvasses a proposal for tax legislation to introduce specific protections for whistleblowers; and
  • identifies the variety of legislative approaches that may be taken by the Government to broader reform in this area generally.”

Submissions invited by 10 February-what else would you do during the Summer break?