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News update

Whistleblower template now available

Not-for-profit Law, a service of Justice Connect providing legal help for community organisations, has developed a whistleblower policy template to assist organisations comply with the whistleblower provisions of the Corporations Act.

The template, which is freely available on the Not-for-profit Law website, is based on ASIC Regulatory Guide 270 which provides guidance on preparing a compliant whistleblower policy.

A very helpful resource for those preparing whistleblower policies for their organisations, the template is set out in precedent form and includes drafting notes to assist users tailor the document to their particular organisation.

From 1 January 2020, an organisation must have a whistleblower policy if it is:

  • a trading or financial corporation (including trading or financial incorporated associations registered with ASIC as Registered Australian Bodies); or
  • a company limited by guarantee with an annual consolidated revenue over $1 million.

While not-for-profit companies limited by guarantee (that aren’t trading or financial corporations) with an annual consolidated revenue of less than $1 million are not required to have a whistleblower policy, they must still comply with the whistleblower protection provisions in the Corporations Act.

As Not-for-profit Law point out, the best way to demonstrate compliance may still be to have a whistleblower policy.

A whistleblower policy must include information about:

  • protections available to whistleblowers
  • how and to who the whistleblower may make the disclosure
  • how the company will support whistleblowers and protect them from detriment
  • how the company will investigate disclosures
  • how the company will make sure employees mentioned in disclosures, or related to disclosures, will be fairly treated, and
  • how the policy will be made available to officers and employees.

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