Whistleblower Laws: International Best Practice

Abstract

Since the 1990s many public law jurisdictions around the world have enacted, or are committed to enacting, legislation to protect public interest whistleblowers. Whistleblower protection has also been passed in corporate law, workplace relations law, consumer law and financial regulation. This paper provides an analysis of this legislation, and identifies several emerging issues for consideration. We identify a strong case for greater consistency in the legal thresholds and operational requirements imposed by whistleblower protection legislation, including recommendations for common tests and processes covering both the public and private sectors. In large part, the prospect for accelerating the transition towards more effective, less 'symbolic' regimes depends on a clearer consensus regarding the public importance of employee disclosures and the organisational advantages of open, proactive approaches to disclosure management.