At‑a‑glance

  • Public sector authority (federal): Commonwealth Ombudsman (oversees the Public Interest Disclosure Act 2013 (PID Act), as amended 2023).

  • Corporate/financial sector: Australian Securities and Investments Commission (ASIC) administers whistleblower protections under the Corporations Act 2001 (Part 9.4AAA) and guidance (RG 270; INFO 247). The Australian Taxation Office (ATO) administers tax whistleblower protections.

  • Emerging reform: Crossbench Whistleblower Protection Authority Bill 2025 proposes a new, independent statutory Whistleblower Protection Authority (WPA) to centralise support and enforcement.

Legal basis & scope

  • PID Act 2013 (Cth): Protects current and former public officials, contractors and others who disclose disclosable conduct in Commonwealth entities. Major 2023 reforms narrowed out most personal employment grievances, strengthened confidentiality and oversight, and introduced 6‑monthly reporting to Parliament.

  • Corporations Act 2001 whistleblower regime (from 2019 reforms): Protects eligible whistleblowers who report misconduct or an improper state of affairs about companies, officers or related bodies corporate.

How to report

  • Public sector: Internal PID to authorised officers; external PID to the Ombudsman or Inspector‑General of Intelligence and Security (IGIS) for intelligence agencies; public interest disclosures in limited circumstances.

  • Corporate: To a company’s eligible recipients (e.g., officers, senior managers, auditors), or directly to ASIC, APRA, or the ATO for tax matters.

Protections

  • Confidentiality of identity, immunity from certain civil/criminal liability for making the disclosure, and protection from reprisals (detriments). Civil & criminal consequences for victimisation. Companies must implement compliant internal policies and training.

Enforcement & remedies

  • Ombudsman monitors PID scheme performance and can investigate agency handling. Courts may order compensation and penalties for corporate detriment/victimisation. ASIC can investigate and prosecute contraventions of the Corporations Act protections.

Recent developments to know

  • 2023 PID reforms in force; first 6‑monthly PID report tabled 31 July 2025.

  • WPA Bill 2025 before Parliament (crossbench‑sponsored) would establish an independent Whistleblower Protection Authority with advice, support and enforcement functions across federal regimes.

Employer checklist

  • Map all eligible recipients and refresh whistleblowing policy (Corporations Act & RG 270).

  • Align PID procedures to 2023 amendments (record‑keeping, confidentiality, triage, outcome letters).

  • Train managers on anti‑victimisation duties and escalation pathways.

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