Whistleblowing Australia: What Businesses Need to Know in 2025

For Australian businesses, good ethics isn’t just about good practice; it’s a legal imperative, particularly concerning whistleblowing. While significant protections were introduced in 2019, 2025 sees an ongoing national conversation about further strengthening these vital safeguards.

The Evolving Landscape of Australian Whistleblowing Laws

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 fundamentally reshaped the whistleblower protection regime under the Corporations Act 2001 (Cth). This legislation was designed to encourage individuals to come forward with information about misconduct without fear of reprisal, and its core provisions remain firmly in force.

Key Obligations for Businesses (Still Current in 2025):

• Mandatory Whistleblower Policies: Public companies, large proprietary companies, and corporate trustees of registrable superannuation entities are required to have a whistleblower policy in place. This policy must clearly outline:
  • The protections available to whistleblowers.
  • Who disclosures can be made to and how.
  • How the company will support whistleblowers and protect them from detriment.
  • How disclosures will be investigated and how fairness will be ensured for those mentioned.
• Broader Scope of Protected Disclosures: The law protects disclosures concerning “misconduct” or an “improper state of affairs or circumstances,” a broad definition encompassing information indicating a danger to the public or financial system.
• Expanded Definition of “Whistleblower”: Protection extends beyond current employees to former employees, officers, contractors, suppliers, and their relatives.
• Anonymity is Key: Disclosures can be made anonymously and still qualify for protection, a crucial element for encouraging reporting.
• Prohibition of Detrimental Conduct: It’s illegal to cause or threaten detriment (e.g., dismissal, harassment, discrimination) to a whistleblower because of their disclosure. Significant civil and criminal penalties apply for breaches.
• ASIC’s Role: The Australian Securities and Investments Commission (ASIC) continues to play a key role in enforcing these provisions, and its Regulatory Guide 270 (RG 270) remains the primary guidance for entities developing compliant whistleblower policies.

The 2025 Context: A Push for Stronger Protections

While the 2019 reforms were significant, the effectiveness of the current system is under ongoing scrutiny. In 2025, there’s a notable push for further legislative changes, including the potential establishment of a Federal Whistleblower Protection Authority. This proposed independent body aims to provide a more consistent, robust, and supportive framework for whistleblowers across both public and private sectors, addressing perceived gaps and complexities in the existing laws.

This ongoing debate highlights the strong societal and governmental commitment to fostering transparency and accountability in Australian workplaces.

Whistleblowing Australia: Proactive Compliance is Key

Regardless of future legislative changes, proactive compliance with strong whistleblowing frameworks offers substantial, immediate benefits for all Australian businesses:

• Early Detection of Misconduct: Whistleblowing remains the most common method of detecting occupational fraud. A well-communicated and trusted system acts as an early warning mechanism, allowing you to address issues internally before they escalate into costly scandals or legal battles.
• Reduced Financial Losses: By identifying fraud and misconduct sooner, businesses can significantly reduce their financial losses.
• Enhanced Corporate Governance and Reputation: A robust whistleblowing program demonstrates a commitment to transparency, accountability, and ethical governance. This builds trust with employees, investors, customers, and regulators, safeguarding your brand in the long term.
• Stronger Workplace Culture: When employees feel safe and supported to speak up, it fosters a culture of integrity and psychological safety, improving morale and reducing turnover.
• Risk Mitigation: Proactive systems help identify systemic issues and emerging risks, allowing organisations to implement preventative measures and avoid potential regulatory action or public backlash.

In essence, embracing a comprehensive whistleblowing framework isn’t merely about avoiding penalties; it’s about building a more resilient, ethical, and ultimately, more successful business in the evolving Australian landscape.

Is your organisation fully compliant and prepared for the future of whistleblowing?

Contact Report It Now™ today for a confidential consultation on how our independent, secure, and comprehensive EthicsPro® system can enhance your compliance, protect your organisation, and foster a truly ethical workplace.