Joint submission: Review of tax and corporate whistleblowing in Australia
This submission responds to the issues and prompt questions in the Review of tax and corporate whistleblowing in Australia Consultation Paper.
Our recommendations are formulated to balance best practice principles with practical considerations in fulfilling the purpose of the private sector whistleblowing framework.
Since the 2019 reforms to the tax and corporate whistleblowing regimes, there have been significant changes in whistleblowing standards across Australia and comparable international jurisdictions. There have also been significant case law developments in the application of federal whistleblowing laws which, in our view, have demonstrated the shortfalls in the regime to effectively protect whistleblowers who disclose information in the public interest.
We emphasise to Treasury in the strongest terms that piecemeal reforms to the corporate and tax whistleblowing regimes will not fix the gaps that are causing whistleblowers to suffer harm.
A holistic, comprehensive and consistent approach is needed to ensure that any reform for improved whistleblower protections is effective and enduring. Strong regulatory oversight, enforcement of whistleblower protections, and practical support for whistleblowers remain missing from the corporate and tax regimes and are preventing the legislative protections from serving their
purpose.