Many people hesitate to report workplace whistleblowing concerns—not because they want to ignore the problem, but because they fear what might happen if their identity is revealed. You may worry about:
- Your career being damaged
- Workplace relationships being compromised
- Losing your job or being unable to find another in your industry
- Your concern not being “serious enough” to report
- Your workplace lacking the capacity to respond properly
To reduce barriers to reporting, many organisations now engage third-party providers (like Emverio Workplace Complaints and Whistleblowing Service) to receive and assess whistleblowing disclosures and / or workplace grievances.
Whistleblowing Disclosures in Australia – Can I Stay Anonymous?
Yes, in many circumstances you can. Australian law supports anonymous disclosures, but how well your anonymity is protected depends on the system in place and how the information you provide is managed.
Emverio can receive disclosures anonymously if we are listed as an eligible recipient in the workplace whistleblowing policy. An eligible recipient is a person, or organisation, legally authorised to receive whistleblowing disclosures—for example, a senior officer, auditor, a lawyer or an approved external service provider.
It is important to check your workplace’s whistleblowing policy to see who is authorised to receive reports.
Anonymity Checklist for Whistleblowers:
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Does your workplace have a Whistleblower Policy?
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Does it list names of eligible recipients?
If you have answered yes to the above, then contact one of the eligible recipients to ensure you attract Whistleblower protections.
If you have answered no to the above, contact ASIC.
How Anonymity Works in Australian Whistleblowing Systems
Public Sector
The Public Interest Disclosure Act 2013 (PID Act) allows public officials to report serious wrongdoing without revealing who they are. Emverio can also receive PID’s where we have been authorised to do so (check the policy).
Private Sector
Amendments to the Corporations Act (2019) give protections to employees, contractors, former workers, and others who report anonymously. Reports can be made to eligible recipients such as senior officers, auditors, ASIC, or APRA.
Limits to Anonymity
By law, your identity cannot be disclosed without your consent, except in very limited circumstances. However, in some situations the information you provide may, by its nature, make it possible for others to infer your identity. For example, if an investigation is required, your identity may be revealed, if, you are the only person that would have access to that specific information.
Case Example:
You are the Chief Financial Officer (CFO), and you become aware of some accounting anomalies in the Chief Executive Officer’s (CEO) expense account. Because you are the only person with access to this information, it may become obvious that you are the source of the report.
In such cases, strategies need to be developed to protect the anonymity of the person reporting – For instance, if Emverio is an eligible recipient, we may recommend the accounts be subject to an independent external forensic audit. Eligible recipients have a responsibility to use their best endeavours to protect the reporter’s identity.
Can You Trust Your Workplace’s Escalation System?
The level of anonymity and protection depends on the eligible recipients:
- Skills and expertise
- Absence of conflicts of interest
- Systems and protocols
A whistleblowing policy alone isn’t enough. A safe system must be both confidential and independent:
- Confidentiality means using secure technology, robust information storage, and experienced people to manage concerns and maintain anonymity.
- Independence means reports are received and managed by a third party who ideally doesn’t have any real or perceived conflicts of interest, such as a pre-existing relationship.
If you have lost confidence in your workplace’s internal process, you can consider external reporting options. Emverio Workplace Complaints and Whistleblowing Service can independently receive whistleblowing reports where the workplace has authorised us to do so. Where the grievance is not a whistleblowing disclosure (for example a grievance about bullying or sexual harassment) we may be able to assist you to navigate how and who to raise your concern with. Alternatively, you can contact ASIC to explore your options (for whistleblowing), and / or: the Fair Work Commission, the Fair Work Ombudsman, Safe Work Australia or your local State Workplace Health and Safety government department, to assist you with other grievances.
What Makes a Whistleblowing Mechanism Secure and Reliable?
The most effective systems go beyond minimum legal requirements, acting as a safeguard for everyone involved. The most effective systems:
- Use secure platforms to manage reports and store evidence.
- Provide anonymous reporting options.
- Have skills and expertise to conduct investigations.
- Understand the legal framework.
Key Takeaway
Yes—you can stay anonymous when making a whistleblowing disclosure in Australia. Both public and private sector laws protect your identity, but the effectiveness of those protections depends on:
- The reporting system in place.
- The protocols used by the eligible recipient.
- Whether independent and confidential processes are available.
Reporting to an External Third Party
Reporting through Emverio Workplace Complaints and Whistleblowing Service has key benefits:
- You may provide your identity and contact details, allowing us to keep you informed about progress (subject to being listed as an eligible recipient).
- We can work with you to develop strategies to protect your identity and use our best endeavours to maintain your anonymity with the information you provide.
- We do not disclose your identity or any information to the workplace without your consent.
- We can work with you to understand the limitations that need to be applied to the disclosure, or strategies to implement, prior to your decision to report.
Disclaimer
This article provides general information only and should not be taken as legal advice. For advice specific to your circumstances, please seek independent legal guidance.
