Introduction of the Whistleblower Protection Authority Bill 2025 and Whistleblower Protection Authority Bill 2025 (No 2)
On 10 February 2025, Andrew Wilkie with crossbench support in the House of Representatives introduced the Whistleblower Protection Authority Bill 2025 (the House of Respresentatives Bill). Subsequently, on 11 February 2025, David Pocock and Jacqui Lambie introduced the Whistleblower Protection Authority Bill 2025 (No 2) (the Senate Bill) in the Senate. There is very little difference between the two bills, with the only substantive distinction being that the latter contains a section on funding. On 13 February 2025 the Senate referred the Senate Bill to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 29 August 2025, with submissions closing on 30 June 2025. The two bills seek to enhance Australia’s whistleblower protections by establishing a dedicated standalone statutory body, the Whistleblower Protection Authority.
Evolution of Australia’s Whistleblower Legislation
For decades, Australia’s approach to whistleblower protection has been a subject of debate. In response, the Parliamentary Joint Committee on Corporations and Financial Services (the Committee) conducted an inquiry into whistleblower protections, culminating in a final report published in September 2017. A key recommendation from this report was the establishment of a Whistleblower Protection Authority.
Following the inquiry, the Treasury Laws Amendment (Whistleblowers) Bill 2017 was introduced in December 2017 and later enacted as the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019. However, many of the Committee’s recommendations, including the creation of a Whistleblower Protection Authority, were not included in the final legislation.
Key Features of the Whistleblower Protection Authority Bill 2025
The bills represent a renewed effort to establish an independent Whistleblower Protection Authority, responsible for investigating disclosures of misconduct and safeguarding whistleblowers.
The Whistleblower Protection Authority would be led by a Whistleblower Protection Commissioner and supported by two Deputy Commissioners.
If enacted, the Whistleblower Protection Authority would be empowered to:
- support potential whistleblowers to make disclosures;
- receive whistleblower disclosures;
- investigate and conduct public inquiries into, among other things, the mistreatment of whistleblowers;
- provide or arrange legal advice, representation or other support to persons who make disclosures and become a party to court proceedings;
- undertake enforcement action, including commencing proceedings in a court;
- undertake educational activities; and
- conduct research and policy work on the efficacy of Australia’s whistleblower protection laws.
In addition to the creation of a Whistleblower Protection Authority, the bills also propose the formation of a Parliamentary Joint Committee on the Whistleblower Protection Authority, tasked with reviewing recommendations for the appointment of the Whistleblower Protection Commissioner and Deputy Commissioners, as well as overseeing the performance of the Whistleblower Protection Authority.
Looking Ahead: Implications for Employers
While the bills are designed to have jurisdiction over all federal whistleblower protection law, covering both private and public sector matters, the second reading speeches (and the drafting of the bills themselves) indicate a particular focus on strengthening protections for public sector whistleblowers.
Given these bills have only recently been introduced by the crossbench and do not yet have support from either of the two major parties, the bills face a more challenging pathway to becoming adopted.
Additionally, key decisions from Australian courts regarding the substantive operation of existing whistleblower protections under Part 9.4AAA of the Corporations Act 2009 (the Act) are still pending. Any developments in this area may influence changes to the current legislation, particularly as part of the mandated five-year review of Part 9.4AAA of the Act. This review mechanism is built into the provisions, and a report is expected to be tabled in Parliament later this year. However, there is currently no publicly available information confirming whether the review has commenced.
For further information, please contact:
Shivchand Jhinku, Partner, Herbert Smith Freehills
Shivchand.Jhinku@hsf.com
