What are the protections for whistleblowers

If an organisation has rules and policies outlining how people who raise a concern are protected, they should be followed.

The Fair Work (Registered Organisations) Act 2009 (RO Act) protects an eligible person who makes a protected disclosure. 

They are protected as long as the disclosure is about something that falls within the definition of disclosable conduct and has been, or could have been, reported to the Commission.

Whistleblowers are protected against reprisals. This includes:

• any civil or criminal liability for reporting the concern (they are only liable for their own misconduct)
• any contractual or other liability for reporting the concern.

A reprisal includes doing, or threatening, any of the following to a person if a disclosure was one of the reasons:

• dismissal
• disadvantaging them in their employment or position
• discriminating between them and other employees
• harassment or intimidation
• harm or injury (including psychological harm)
• damage to property
• damage to reputation.

There are civil penalties for taking, or threatening to take, a reprisal against a person.

The Federal Court or Federal Circuit Court can also order civil remedies including:

• compensation for loss, damage or injury
• injunctions to prevent, stop or remedy the effect of reprisals or threats
• an order requiring an apology
• reinstatement
• exemplary damages
• any other order that the court thinks appropriate.

It is also a criminal offence to harm, or threaten to harm, a whistleblower. An offender face imprisonment for up to 2 years or be fined, or both.

• Report a concern to the Commission
• What the Commission can and can’t investigate
• Read our fact sheet about protection for whistleblowers 

You can also call us on 1300 341 665 or email us at regorgs@fwc.gov.au