AustraliaI disclosed wrongdoing at a public company and the information was leaked to management. Am I protected?
Yes, you may be protected under the Corporations Act 2001 (Cth) if you made a 'protected disclosure' to an eligible recipient and met all legal requirements.
What the Law Says
Australia’s whistleblower protection regime for public companies is set out in Part 9.4AAA of the Corporations Act 2001 (Cth). Protection applies only if strict conditions are met — including who you tell, what you disclose, and how you disclose it.
To be protected, your disclosure must be a 'protected disclosure' under section 1317AB of the Corporations Act 2001 (Cth). This means it must be made to an 'eligible recipient' — such as ASIC, APRA, a company officer or senior manager, or a person authorised by the company to receive disclosures.
The information disclosed must concern misconduct, an improper state of affairs, or circumstances relating to the company — including offences against the Corporations Act, fraud, or danger to public health or safety.
Crucially, protection does not automatically apply if the information was leaked to management *after* you disclosed it elsewhere — unless your original disclosure was made to an eligible recipient and met all other criteria. If you disclosed only to a colleague who then told management, that likely does not qualify.
If protected, you cannot be dismissed, injured in employment, or otherwise victimised. Victimisation includes threats, intimidation, harassment, or discrimination — and carries penalties up to 5 years’ imprisonment or a $10,000 fine.
Statutory TextA disclosure is a protected disclosure if: (a) the discloser has reasonable grounds to suspect that the information concerns one or more instances of misconduct, or an improper state of affairs or circumstances, in relation to the discloser’s employer; and (b) the disclosure is made to an eligible recipient.
— Corporations Act 2001 (Cth), s. 1317AB(1) — Meaning of protected disclosure
Statutory TextA person must not cause detriment to another person because the other person made, or proposes to make, a protected disclosure.
— Corporations Act 2001 (Cth), s. 1317AB(2) — Protection from detriment
What to Do
Check whether your original disclosure was made to an eligible recipient (e.g., ASIC, company auditor, or a senior manager formally authorised to receive disclosures).
Gather evidence of the disclosure (e.g., emails, notes, witness statements) and any subsequent detriment (e.g., changed duties, exclusion, dismissal).
Lodge a complaint with ASIC within 12 months if you suffered detriment — they can investigate and refer matters for enforcement or compensation.
Seek urgent legal advice — protections are conditional and time-sensitive; missteps may void eligibility.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.