Whistleblower Laws -
Are you Compliant?

What is an Eligible Whistleblower and what are the Whistleblower Laws?

An 'eligible whistleblower' is a person who reports misconduct and breaches of the law. The Whistleblower Laws cover you if you are a current or former employee or officer and you report misconduct about the company or its managers or other employees. (Source: ASIC https://asic.gov.au/about-asic/asic-investigations-and-enforcement/whistleblowing/)

How do Whistleblower Laws apply to the Early Childhood sector?

Early Childhood organisations that engage in trading activities are required to comply with the Whistleblower Laws in Part 9.4AAA of the Corporations Act 2001 (Cth).

Trading activities include charging fees for a service, providing a service to the public, earning an income from trading activities (whether or not for a profit) and employing paid employees.

When were new Whistleblower Laws introduced?

Strengthened whistleblower protections were introduced on 1 July 2019, by amendments to the Corporations Act 2001 (Cth). Due to the COVID-19 pandemic, however, many services have yet to respond to these new laws by introducing a relevant Whistleblower Policy and Procedure.

Early Childhood Whistleblower Resource

EC Workplace has partnered with Gadens Lawyers and Stopline to provide early childhood services (kindergarten, long day care, childcare) an Early Childhood Whistleblower Resource, including:

Part 1: Whistleblower Policy & Procedure

EC Workplace engaged Gadens Lawyers to prepare a tailored Whistleblower Policy & Procedure for early childhood services, whether for-profit or not-for-profit. Gadens Lawyers has also developed accompanying FAQs and is available to provide any further assistance required in respect of whistleblower notifications, or additional advice as required, via separately costed direct engagement.

Part 2: Whistleblower Disclosure Subscription

EC Workplace engaged Stopline to provide a fully-serviced and externally managed whistleblower disclosure and hotline subscriber service. Stopline specialises in acting as an expert intermediary between disclosers and their organisation as well as supporting organisations meet their legal and governance obligations in this crucial and highly sensitive area.

For further information View our Subsrciption package