Analyzing Whistleblower Protection Laws in Australia

The essay examines how Australian law protects whistleblowers through various acts, including the Public Interest Disclosure Act 1998. It emphasizes the necessity of these protections for encouraging reporting of misconduct and maintaining an ethical workplace environment. The role of whistleblowers in fostering positive organizational culture is also discussed, along with the legal frameworks that support them against retaliation. Key legislation such as the Whistleblower Protection Act 2005 and others are analyzed to understand their effectiveness in protecting whistle-blowers' rights.

Argumentative Essay Plan

Whistle-blower is a worker or employee who is informing several types of wondering to
higher authorities. They are protected by law to stop other employees from being treated unfairly
in order to perform activities in lawful. At workplace, authorities are conducting various
programmes through which they can protect their rights (Loewenstein, Sah & Cain, 2012). They
are exposing unethical behaviour, misconduct of activity or dishonesty which are performing by
employees. But after doing all these kinds of activities, they are facing persecution in
organisation and it becomes their responsibility to provide them compensation if it is required.
The law of Australia offers many acts in order to protect the rights of whistle-blower. The
protection of whistle-blower is essential in encouraging the reporting of misconduct activities
which are performing by employees in regard to corruption and fraud. Motivating and facilitating
whistleblowing has provided an effective legal protection and proper guidance on reporting the
procedures. Also, it helped authorities to monitor compliance and detect the violation of anti-
corruption laws (Peffer & et. al., 2015). While providing effective protection for whistle-blower,
they are also supporting an organisation’s culture indirectly where employees come to know
about the way to use reporting procedure with confidence.
According to the provision of Public Interest Disclosure Act 1998, this has provided a
legal framework to protect whistle-blower from detrimental behaviour by their employer. It
protects most of the workers in different sectors such as voluntary, private and public. This act is
not applied to genuinely self-employed professionals, voluntary workers (working under charity
trustee) or belonging from intelligence services. Here are some disclosures which has to be
qualify by whistle-blower which tends to show that one or more of the following activity is either
took place in past, or occurring now, or likely to occur in future. These are breaching of legal
obligation, criminal offence, creating negative environment at workplace, miscarriage of justice
and many more. Section 1 of PIDA, 1998, has been inserted by section 43A into Employment
Rights Act 1996 whose title is “Protected Disclosure”. It provides disclosure with regard to
whistle-blower to make employer as prescribed person to help others also in not performing any
unlawful activity.
Protection of whistle-blower is providing special provision in different laws such as
labour, criminal code or regulations regulating public servants. In criminal code, it may impose
fine or imprisonment for revenge against the whistle-blower which is providing information
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regarding commission which are enforcement by law of authorities (Quigley, 2012). In labour
law, protecting workers against retaliation by employer by imposing additional penalty on them.
Apart from this, there are some acts which have been framed with respect to whistle-
blower such as Public Servants Disclosure Protection Act of 2005, Whistle-blower Act (Act 720)
of 2006, Act on the Protection of Public Interest Whistle-blowers, 2011 and so on.
Role of Whistle-blower is also promoting a positive environment at workplace. Along
with this, they are encouraging employees to make disclosure so that they would feel safe at the
workplace. According to Matteo Giudici (2017), it is depicted that potential Whistle-blower can
be confident that they will discovered originator of complaints. Whenever organisation receive
complaints should take immediately action so that it will be benefit for both company as well as
employee. Along with this, organisation has to comply with the above mentioned acts in order to
protect their rights and provide them compensation whenever it is required.
It has been concluded from the report that there are many legal provisions which have
been framed by government so that they can protect the rights of whistle-blower at workplace.
Through this, it becomes easy for the organisation to monitor all activities which are being
performed by employees.
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REFERENCES
Books and journals
Loewenstein, G., Sah, S., & Cain, D. M. (2012). The unintended consequences of conflict of
interest disclosure. Jama, 307(7), 669-670.
Peffer, S. L., & et. al. (2015). Whistle where you work? The ineffectiveness of the Federal
Whistleblower Protection Act of 1989 and the promise of the Whistleblower Protection
Enhancement Act of 2012. Review of Public Personnel Administration, 35(1), 70-81.
Quigley, S. K. (2012). Whistleblower tug-of-war: Corporate attempts to secure internal reporting
procedures in the face of external monetary incentives provided by the Dodd-Frank
Act. Santa Clara L. Rev., 52, 255.
Rapp, G. C. (2012). Mutiny by the Bounties? The Attempt to Reform Wall Street by the New
Whistleblower Provisions of the Dodd-Frank Act.
Stemler, A. R. (2013). The JOBS Act and crowdfunding: Harnessing the power—and money—
of the masses. Business Horizons, 56(3), 271-275.
Online
Matteo Giudici, M., 2017. How best to go about implementing a whistleblowing program?.
[Online]. Available through: <http://www.ethic-intelligence.com/experts/8023-can-
whistleblowing-system-play-important-role-companys-development/>. [Accessed on 17th
August 2017].
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