Document ID: chunk:federal_register_of_legislation:C2010C00544:clause:1_52a
Version: federal_register_of_legislation:C2010C00544
Segment Type: clause
Provision Reference: sch 1 cl 52A
Character Range: 15047–17273

52A  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 an ADI, an authorised NOHC or a subsidiary of an ADI 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 the information by the discloser qualifies for protection under this Division 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) a director or senior manager of the body corporate or a related body corporate;
 (iv) 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; 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 an ADI—the other body corporate is the authorised NOHC of the ADI or a subsidiary of the ADI or authorised NOHC; or
 (b) in the case of an authorised NOHC of an ADI—the other body corporate is the ADI or a subsidiary of the ADI or authorised NOHC; or
 (c) in the case of a subsidiary of an ADI or authorised NOHC—the other body corporate is the ADI, the authorised NOHC or another subsidiary of the ADI or authorised NOHC.

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