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What You Should Know

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Protection of Whistleblowers

The Protected Disclosures Act 2014 provides a statutory framework under which workers who raise concerns about potential wrongdoings in their workplace are protected from penalisation or other sanction from their employer.

Among the matters which are considered as wrongdoings under the Act, are -

(a) that an offence has been, is being or is likely to be committed,
(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the worker’s contract of employment or other contract whereby the worker undertakes to do or perform personally any work or services,
(c) that a miscarriage of justice has occurred, is occurring or is likely to occur,
(d) that the health or safety of any individual has been, is being or is likely to be endangered,
(e) that the environment has been, is being or is likely to be damaged,
(f) that an unlawful or otherwise improper use of funds or resources of a public body, or of other public money, has occurred, is occurring or is likely to occur,
(g) that an act or omission by or on behalf of a public body is oppressive, discriminatory or grossly negligent or constitutes gross mismanagement, or
(h) that information tending to show any matter falling within any of the preceding paragraphs has been, is being or is likely to be concealed or destroyed.

The Act sets out the manner in which a worker may make a disclosure to their employer or other responsible person, to a prescribed person, to the Minister or to a legal adviser.

 

 
 
 
 
 
 
 
 
 

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