Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:1_38a
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 1 cl 38A
Character Range: 28107–30555

38A  Disclosures qualifying for whistleblower protection

 (1) This section applies to a disclosure of information made by a person (the discloser) who is, in relation to a body corporate that is a general insurer, an authorised NOHC or a subsidiary of a general insurer or authorised NOHC, any of the following:
 (a) an officer of the body corporate;
 (b) an employee of the body corporate;
 (c) a person who has a contract for the supply of services or goods to the body corporate;
 (d) an employee of a person who has a contract for the supply of services or goods to the body corporate.

 (2) The disclosure of information by the discloser qualifies for protection under this Subdivision if:
 (a) the disclosure is made to any of the following:
 (i) APRA;
 (ii) the auditor, or a member of an audit team conducting an audit, of the body corporate or a related body corporate;
 (iii) the actuary of the body corporate or a related body corporate;
 (iv) a director or senior manager of the body corporate or a related body corporate;
 (v) a person authorised by the body corporate to receive disclosures of the kind made; and
 (b) the discloser informs the person to whom the disclosure is made of the discloser's name before making the disclosure; and
 (c) both:
 (i) the information concerns misconduct, or an improper state of affairs or circumstances, in relation to the body corporate or a related body corporate; and
 (ii) the discloser considers that the information may assist a person referred to in paragraph (a) to perform the person's functions or duties in relation to the body corporate or a related body corporate; and
 (d) the discloser makes the disclosure in good faith.

 (3) For the purposes of this section, a body corporate is a related body corporate of another body corporate if:
 (a) in the case of a general insurer—the other body corporate is the authorised NOHC of the general insurer or a subsidiary of the general insurer or authorised NOHC; or
 (b) in the case of an authorised NOHC of a general insurer—the other body corporate is the general insurer or a subsidiary of the general insurer or authorised NOHC; or
 (c) in the case of a subsidiary of a general insurer or authorised NOHC—the other body corporate is the general insurer, the authorised NOHC or another subsidiary of the general insurer or authorised NOHC.

 (4) In this section, officer has the same meaning as it has in the Corporations Act 2001.