Advocacy Services
Whistleblower Protections
What is a whistleblower?
A whistleblower is generally an employee, contractor, or another individual with insider knowledge of misconduct not widely known by the public. This person decides to disclose information—whether internally, to an oversight authority, or to the public—about breaches of law or processes, such as human rights violations, fraud, corruption, mismanagement, harassment, threats to health and safety, or environmental harm.
​
It is important to note that this description is not a strict legal definition. In Australia, whistleblowing legislation is intricate and varies depending on whether the suspected wrongdoing involves federal or state/territory government bodies, or private companies. Each jurisdiction has its own thresholds for what constitutes whistleblowing and the types of disclosures covered by legal protections. Consequently, obtaining specialized legal advice is often essential to ensure that all requirements are met and relevant protections are applied correctly.
What is a protected disclosure?
Under the Corporation Act 2001, and since recent updates to relevant laws, most companies in coal mining operators are obliged to have a whistleblower policy, with designated individuals you can go to when wishing to make a compliant. ​
However, if you fear reprisal, or have already exhausted internal pathways, you might wish to make a formal complaint to a regulator. The three most relevant regulators for coal mine companies, depending on the reason for the complaint are likely:
-
Resources Safety and Health Queensland
-
Australian Securities and Investment Commission
-
Australian Taxation Office
​
To maximise the impact of your complaint and to ensure it is treated with the seriousness it deserves, QCMA can provide access to resources to assist you to achieve this. In some cases, you wish to make the complaint anonymously, and QCMA can assist with this also.
​
​
