Australia

My employer violated aviation safety regulations and I reported it. Am I protected?

5 years
Compensation limit
21 days
Unfair dismissal claim window
100% confidenti
Disclosure protection
No retaliation
Employer obligation
The Short Answer

Yes, you are protected under the Civil Aviation Safety Regulations and the Fair Work Act if you made a 'protected disclosure' about aviation safety breaches.

What the Law Says

Australian law provides specific protections for workers in the aviation industry who disclose safety concerns. These protections come from both aviation-specific regulations and general workplace laws.

Under the Civil Aviation Safety Regulations 1998 (CASR), Part 11 sets out requirements for reporting safety concerns. Regulation 11.075 states that a person must not 'take adverse action against another person because the other person has made a disclosure under this Part'. This applies to employees, contractors, and others involved in civil aviation operations.

The Fair Work Act 2009 (Cth) also protects whistleblowers. Section 341(1)(c) defines a 'workplace right' as including the right to make a complaint or inquiry in relation to one's employment — including about health and safety matters. Section 340 prohibits employers from taking adverse action against an employee for exercising such a right.

Importantly, CASR Part 11 disclosures are treated as 'protected disclosures' under the Fair Work Act, meaning dismissal or other detriment for making them may constitute unlawful adverse action.

Statutory Text

A person must not take adverse action against another person because the other person has made a disclosure under this Part.

Civil Aviation Safety Regulations 1998, reg. 11.075 — Protection from adverse action
Statutory Text

A person must not take adverse action against a person who has a workplace right.

Fair Work Act 2009, s. 340 — Adverse action

What to Do

1

Document the safety breach and your disclosure (date, method, recipient, content).

2

If you experience adverse action (e.g., demotion, dismissal, bullying), contact the Fair Work Ombudsman within 21 days.

3

Lodge an unfair dismissal or general protections application with the Fair Work Commission.

4

You may also report the original safety breach to the Civil Aviation Safety Authority (CASA) directly.

5

Seek legal advice — compensation for adverse action can include reinstatement or up to 5 years’ lost wages.

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.