Detrimental Conduct

Protections are available to a Whistleblower from detriment in relation to a disclosure.

A person cannot engage in conduct that causes detriment to a Discloser if:

• The person believes or suspects that the Discloser made, may have made, proposes to make or could make a disclosure that qualifies for protection; and

• The belief or suspicion is the reason, or part of the reason, for the conduct.

Detrimental conduct is defined under the Corporations Act as:

1. Dismissal of an employee;

2. Injury of an employee in his or her employment;

3. Alteration of an employee’s position or duties to his or her disadvantage;

4. Discrimination between an employee and other employees of the same employer;

5. Harassment or intimidation of a person;

6. Harm or injury to a person, including psychological harm;

7. Damage to a person’s property, reputation, business or financial position; or

8. Any other damage to a person.

 It’s important to outline in the organisation policy examples of management or administrative action that are not detrimental conduct. These could include:

• Actions to protect the Discloser including temporarily relocating the Discloser to a different workplace to prevent them from detriment; and

• Managing a Discloser’s performance in line with the organisations policy that may include performance management action.

For more information on whistleblowing, if you would like assistance with establishing a whistleblower service and/or conducting training, please don’t hesitate to send an email to andrewmcleish@stopline.com.au or call the office on 03 9882 4550