The whistle-blower protection provisions in the Corporations Act apply to a 'regulated entity'. A regulated entity is defined to include all companies registered under the Corporations Act and other types of incorporated entities, including a corporation to which the Commonwealth Constitution applies.
Charities and NFPs that operate as Companies Limited by Guarantee are now required to implement Whistleblower policies by 1 Jan 2020, and the consequences of not doing so are serious. Many thousands of ministries and churches are affected by this, and may not be aware of this significant new requirement.
Not-for-profit organisations that are incorporated under state or territory legislation, such as incorporated associations or cooperatives, can meet the definition of a trading or financial corporation, despite being formed for a not-for-profit, charitable, or community benefit purpose.
It is not always clear whether a not-for-profit organisation or charity falls within the definition of a trading or financial corporation, where it engages in trading or financial activities as part of its not-for-profit or charitable activities. Some of these organisations may fall within the definition, and some may not.
To determine whether your entity is required to have a 'Whistle Blower's Policy' visit:-
Continuous Improvement: CCCVaT Ministries Ltd aims to ensure this policy-guideline template is the best available and encourages you to recommend where is can be improved. If you are aware of any legislation or pending legislation that will need or will be needed to be addressed, please advise us.
Licence: CCCVaT Ministries Ltd licence’s this policy for use by Christian Community Churches in Australia and Para-Church Organisations.
Disclaimer: Whilst all due care is taken in the drafting of this policy, CCCVaT Ministries Ltd accepts no responsibility for spelling or grammatical errors, omissions and failures to address applicable laws, by-laws and regulations or relative matters.
Responsibility: Your organization is responsible for compliance with all applicable laws, by-laws and regulations, regardless of whether they have been referred to or addressed in this policy-guideline. If in doubt regards this policy-guideline engage a legal firm to advise you.
Copy Write: Rests with CCCVaT Ministries Ltd.
Disclaimer: Whilst all care has been taken in drafting this guideline and policy, CCCVaT Ministries Ltd accepts no responsibility for spelling or grammatical errors, omissions and failures to address applicable laws, by-laws and regulations or pertinent matters.
CCCVaT advises all intending to take up this guideline and policy, to seek advice from a lawyer or an appropriate expert, prior to adopting it.