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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4AAA - PROTECTION FOR WHISTLEBLOWERS    View history reference

SECTION 1317AB  DISCLOSURE THAT QUALIFIES FOR PROTECTION NOT ACTIONABLE ETC.  

 View history reference

1317AB(1)  [No civil or criminal liability]  


If a person makes a disclosure that qualifies for protection under this Part:


(a) the person is not subject to any civil or criminal liability for making the disclosure; and


(b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the disclosure.

Note: This subsection does not provide that the person is not subject to any civil or criminal liability for conduct of the person that is revealed by the disclosure.

1317AB(2)  [Qualified privilege]  


Without limiting subsection (1):


(a) the person has qualified privilege in respect of the disclosure; and


(b) a contract to which the person is a party may not be terminated on the basis that the disclosure constitutes a breach of the contract.

1317AB(3)  [Reinstatement in position]  


Without limiting paragraphs (1)(b) and (2)(b), if a court is satisfied that:


(a) a person (the employee) is employed in a particular position under a contract of employment with another person (the employer); and


(b) the employee makes a disclosure that qualifies for protection under this Part; and


(c) the employer purports to terminate the contract of employment on the basis of the disclosure;

the court may order that the employee be reinstated in that position or a position at a comparable level.


 



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