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CORPORATIONS ACT 2001 - SECT 1317AADA

Personal work - related grievances

  (1)   Subsections   1317AA(1) and (2) do not apply to a disclosure of information by an individual (the discloser ) to the extent that the information disclosed:

  (a)   concerns a personal work - related grievance of the discloser; and

  (b)   does not concern a contravention, or an alleged contravention, of section   1317AC that involves detriment caused to the discloser or a threat made to the discloser.

Note:   A disclosure concerning a personal work - related grievance that is made to a legal practitioner may qualify for protection under this Part under subsection   1317AA(3).

  (2)   For the purposes of subsection   (1), the information disclosed concerns a personal work - related grievance of the discloser if:

  (a)   the information concerns a grievance about any matter in relation to the discloser's employment, or former employment, having (or tending to have) implications for the discloser personally; and

  (b)   the information:

  (i)   does not have significant implications for the regulated entity to which it relates, or another regulated entity, that do not relate to the discloser; and

  (ii)   does not concern conduct, or alleged conduct, referred to in paragraph   1317AA(5)(c), (d), (e) or (f).

Examples of grievances that may be personal work - related grievances under paragraph   (a) (but subject to paragraph   (b)) are as follows:

(a)   an interpersonal conflict between the discloser and another employee;

(b)   a decision relating to the engagement , transfer or promotion of the discloser;

(c)   a decision relating to the terms and conditions of engagement of the discloser;

(d)   a decision to suspend or terminate the engagement of the discloser, or otherwise to discipline the discloser.


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