On 7 December 2017, the Australian government tabled a bill enhancing the protection for whistleblowers in the corporate, financial, credit and tax sectors. The Bill is intended to take effect in relation to protected disclosures made after the 1 July 2018, but corporations in the affected sectors will have until 1 January 2019 to introduce a whistleblowing policy to comply with the requirements of the Bill or face fines of up to AUD 12,600 (USD 9,628).

The Treasury Laws Amendment (Whistleblowers) Bill 2017, extends the class of informants who fall within the protection regime to former officers, employees, contractors and relatives of employees. This will include temporary workers as well as independent contractors.

The Bill also removes a requirement that the disclosure be made in good faith, allowing anonymous disclosures, and provides protection when a disclosure is made to a journalist or member of parliament in certain circumstances. First the disclosure must have been made previously in circumstances that would qualify for protection, a reasonable time has passed since the disclosure, and the discloser has reasonable grounds to believe that there is imminent risk of serious harm or danger to public health or safety or to the financial system, if the information is not acted on immediately.

The Bill had its first and second reading in the Senate and has been adjourned for further consideration to 5 February 2018. Certain elements of the Bill are contentious, not least the introduction of a journalist as a person to whom a protected disclosure may be made. So, it is likely to be the subject of debate when it proceeds to the House of Representatives next year.

Herbert Smith Freehills provides further information on the Bill here.