Supporting People who Speak Out

A guide to legislation around the world which implements whistleblowing standards, referencing the Acts in which these standards are implemented

Administration
Oversight

Bosnia & Herzegovina – Standards – Administration – Oversight

10. The Administrative Inspectorate of the Ministry of Justice of Bosnia and Herzegovina and the Agency for Prevention of Corruption and Coordination of Fight against Corruption shall oversee the enforcement of this law, respectively. Jamaica 21 (1) The Minister shall, by order, designate an individual or entity as the designated authority for the purposes of […]

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Korea – Standards – Administration – Oversight

4. The Anti-Corruption and Civil Rights Commission (hereinafter referred to as the “Commission”) shall establish policies regarding each of the following Subparagraphs to protect and support public interest whistleblowers, etc.: 1. Matters concerning the reception, processing, etc. of public interest whistleblowing cases; 2. Matters concerning the protection of confidentiality and personal safety of public interest […]

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Malaysia – Standards – Administration – Oversight

3. (1) The enforcement agency shall have the general direction, control and supervision of all matters relating to whistleblower protection. (2) For the purpose of this Act, the general powers of the enforcement agency are as follows: (a) to receive disclosure of improper conduct; (b) to enforce the whistleblower protection; (c) to deal with the […]

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Malta – Standards – Administration – Oversight

20. (1) In addition to the matters on which the Minister is empowered to prescribe rules under the provisions of this Act, the Minister may from time to time make regulations, generally for the better implementation of this Act and to: (i) establish the internal procedures which employers must have in operation for receiving and […]

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Serbia – Standards – Administration – Oversight

36. The Labor Inspection shall be in charge of monitoring the implementation of the Law, or Administrative Inspection, in accordance with the law governing their authorities. Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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USA – Standards – Administration – Oversight

117. ‘‘(d)(1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service- ‘‘(A) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment; ‘‘(B) appoint an Assistant Inspector General for Investigations who shall […]

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Zambia – Standards – Administration – Oversight

(1) An investigating authority shall, within twelve months after the commencement of this Act, establish procedures – (a) to facilitate the making of public interest disclosures; and (b) to deal with public interest disclosures that it is the proper authority to receive. (2) The procedures to be established under subsection (1) shall include procedures dealing […]

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Reporting

Australia – Standards – Administration – Reporting

76. (1) The Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to Parliament, a report on the operation of this Act during that financial year. (2) The report must include: (a) in relation to each agency, statements of the following: (i) the […]

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Bosnia & Herzegovina – Standards – Administration – Reporting

8. The Agency for Prevention of Corruption and Coordination of Fight against Corruption shall publish every year a separate annual list with the names of the institutions where corruption was reported, along with specifying the type of detrimental action taken and the information on whether a corrective action order by the instruction referred to in […]

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Ireland – Standards – Administration – Reporting

22. (1) Every public body shall prepare and publish not later than 30 June in each year a report in relation to the immediately preceding year in a form which does not enable the identification of the persons involved containing information relating to the matters specified in subsection (2). (2) Those matters are- (a) the […]

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Jamaica – Standards – Administration – Reporting

(4) The designated authority shall, within six months after the end of each year or within such longer period as the Minister may in special circumstances approve, cause to be made and transmitted to the Minister a report dealing generally with the activities of the authority during the preceding year. (5) The Minister shall cause […]

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Malta – Standards – Administration – Review

SECOND SCHEDULE The Minister may from time to time prescribe regulations, amend this Schedule or any part thereof, for the better implementation of the provisions of this Act and any regulations made thereunder. Referenced Legislation: Protection of the Whistleblower Act (2013)

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USA – Standards – Administration – Reporting

1218. `The Special Counsel shall submit an annual report to the Congress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited personnel practices filed with it, investigations conducted by it, and actions initiated by it before the Merit Systems Protection Board, as well as a description of […]

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Zambia – Standards – Administration – Reporting

An investigating authority that is required by an Act to prepare an annual report of its activities during a year for tabling before Parliament shall include in the report a description of the procedures established by it under section forty and such other information as may be prescribed. Referenced Legislation: Public Interest Disclosures Act (2010)

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Review

Australia – Standards – Administration – Review

82A. (1) The Minister must cause a review of the operation of this Act to be undertaken. (2) The review must: (a) start 2 years after the commencement of this section; and (b) be completed within 6 months. (3) The Minister must cause a written report about the review to be prepared. (4) The Minister […]

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Ireland – Standards – Administration – Review

2. The Minister shall- (a) not later than the end of the period of 3 years beginning on the day on which this Act is passed, commence a review of the operation of this Act, and (b) not more than 12 months after the end of that period, make a report to each House of […]

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Jamaica – Standards – Administration – Review

27. (1) This Act shall be reviewed, from time to time, by a committee of both Houses of Parliament appointed for that purpose. (2) The first such review shall be conducted not later than three years after the appointed day. Referenced Legislation: Protected Disclosures Act (2011)

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Coverage
Channels

Australia – Standards – Coverage – Channels

25. Broadly speaking, a public interest disclosure is a disclosure of information, by a public official, that is: • a disclosure within the government, to an authorised internal recipient or a supervisor, concerning suspected or probable illegal conduct or other wrongdoing (referred to as “disclosable conduct”) ; or • a disclosure to anybody, if an […]

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Jamaica – Standards – Coverage – Channels

2. “protected disclosure” means a disclosure made by an employee to (a) an employer in accordance with section 7; (b) a Minister in accordance with section 8; (c) a prescribed person in accordance with section 9; (d) a person other than a person mentioned in section 7,8 or 9, in accordance with section 10; (e) […]

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Korea – Standards – Coverage – Channels

6. Any person may report a violation of the public interest that had already occurred or concerns that a violation of the public interest is likely to occur, and this report may be submitted to a person who falls under any of the Subparagraphs in Article 6: 1. The representative or employer of a person, […]

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Serbia – Standards – Coverage – Channels

12. Whistleblowing may be internal, external, or public. Disclosing information to an employer shall be deemed internal whistleblowing. Disclosing information to a competent authority shall be deemed external whistleblowing. Disclosing information to the media, by means of the Internet, at a public gathering, or in any other manner that information may be made public shall […]

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Employer

Jamaica – Standards – Coverage – Employer

2. “employer” means any person who– (a) employs or has employed another person to carry out work or provide services and who remunerates, or expressly or tacitly undertakes to remunerate, that other person for the work carried out or services provided; or (b) permits or has permitted another person to assist in any manner in […]

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Malta – Standards – Coverage – Employer

1. “employer” means any natural person, legal organisation or statutory body whether forming part of the public administration or the private sector who satisfies the criteria set out in the Second Schedule and who: (a) enters into a contract of service with an employee; or (b) who employs or engages or permits any other person […]

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Serbia – Standards – Coverage – Employer

2. “Employer” shall mean any authority of the Republic of Serbia, provincial or local self-government unit, holder of public authorities or public services, legal entity or entrepreneur employing one or more persons. Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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Zambia – Standards – Coverage – Employer

2. “employer” means any person- (a) who employs or provides work for another person and who remunerates or expressly or tacitly undertakes to remunerate that other person; or (b) who permits any other person in any manner to assist in the carrying on or conducting of the person’s business, including any person acting on behalf […]

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Government

Australia – Standards – Coverage – Government

71. For the purposes of this Act, agency means: (a) a Department; or (b) an Executive Agency; or (c) a prescribed authority. 72. (1) For the purposes of this Act, prescribed authority means: (a) a Statutory Agency; or (b) a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997) ; or […]

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Zambia – Standards – Coverage – Government

2. “government agency” means – (a) a Government department, Ministry or institution; (b) a statutory body, local authority, organisation or agency established under any law; (c) a body, organ or institution incorporated under any law or established by Government for any public purpose; (d) a body, organ or institution owned by Government or in which […]

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Protected

Ireland – Standards – Coverage – Protected

3. “worker” means an individual who- (a) is an employee, (b) entered into or works or worked under any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertook to do or perform (whether personally or otherwise) any work or services for another party to […]

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Jamaica – Standards – Coverage – Protected

2. “employee” means- (a) any person who (i) works or has worked for another person; and (ii) receives, received, or is entitled to receive, any remuneration for work done; (b) any person who in any manner assists or has assisted in the carrying on or conduct of the business of an employer, without any entitlement […]

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Malta – Standards – Coverage – Protected

1. “employee” means: (a) any person who has entered into or works under a contract of service with an employer and includes a contractor or subcontractor who performs work or supplies a service or undertakes to perform any work or to supply services; or (b) any person who has undertaken personally to execute any work […]

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Serbia – Standards – Coverage – Protected

2. “Whistleblower” shall mean any natural person who performs whistleblowing in connection with his employment; hiring procedure; use of services rendered by public and other authorities, holders of public authority or public services; business dealings; and ownership in a business entity. “Employment” shall mean full-time employment, work outside of employment, volunteering, exercise of official duty, […]

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Zambia – Standards – Coverage – Protected

2. ” employee ” means- (a) any person, excluding an independent contractor, who works for another person, whether incorporated or not, or for a government agency, and who receives, or is entitled to receive, any remuneration; or (b) any other person who in any manner assists in carrying on or conducting the business of an […]

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Reportable

Australia – Standards – Coverage – Reportable

29. (1) Disclosable conduct is conduct of a kind mentioned in the following table that is conduct: (a) engaged in by an agency; or (b) engaged in by a public official, in connection with his or her position as a public official; or (c) engaged in by a contracted service provider for a Commonwealth contract, […]

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Bosnia & Herzegovina – Standards – Coverage – Reportable

2. Corruption shall mean any abuse of power entrusted to a public servant, employee, and advisor, elected or appointed official, which that may lead to private gain to that person, domestic or foreign legal entity or natural person. Specifically, corruption can include requesting directly or indirectly, offering, giving or accepting the bribe or any other […]

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Ireland – Standards – Coverage – Reportable

5. (3) The following matters are relevant wrongdoings for the purposes of this Act- (a) that an offence has been, is being or is likely to be committed, (b) that a person has failed, is failing or is likely to fail to comply with any legal obligation, other than one arising under the worker’s contract […]

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Jamaica – Standards – Coverage – Reportable

2. “improper conduct” means any (a) criminal offence; (b) failure to carry out a legal obligation; (c) conduct that is likely to result in a miscarriage of justice; (d) conduct that is likely to threaten the health or safety of a person; (e) conduct that is likely to threaten or damage the environment; (f) conduct […]

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Korea – Standards – Coverage – Reportable

2. The term “violation of the public interest” means an act that infringes on the health and safety of the public, the environment, consumer interests and fair competition, and falls under any of the following items: a. An act that is subject to any penal provisions defined in the Acts listed in an attached table; […]

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Malaysia – Standards – Coverage – Reportable

2. “improper conduct” means any conduct which if proved, constitutes a disciplinary offence or a criminal offence; “disciplinary offence” means any action or omission which constitutes a breach of discipline in a public body or private body as provided by law or in a code of conduct, a code of ethics or circulars or a […]

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Malta – Standards – Coverage – Reportable

1. “improper practice” means an action or a series of actions whereby: (a) a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject; or (b) the health or safety of any individual has been, is being or is likely to be endangered; or […]

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Serbia – Standards – Coverage – Reportable

13. The disclosure shall include information regarding any infringement of legislation; violation of human rights; exercise of public authority in contravention of its intended purpose; danger to life, public health, safety, and the environment; or information intended to prevent large-scale damage. The disclosure may include the whistleblower’s signature and data on the whistleblower. US (WPA) […]

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Zambia – Standards – Coverage – Reportable

2. “public interest disclosure” means a disclosure of information made by any person or an employee, regarding any conduct of any person or an employer, or an employee of that employer, that the person making the disclosure believes on reasonable grounds shows or tends to show one or more of the following: (a) that a […]

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Retaliation

Australia – Standards – Coverage – Retaliation

13. (1) A person (the first person) takes a reprisal against another person (the second person) if: (a) the first person causes (by act or omission) any detriment to the second person; and (b) when the act or omission occurs, the first person believes or suspects that the second person or any other person made, […]

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Bosnia & Herzegovia – Standards – Coverage – Retaliation

2. Detrimental action shall mean an action whereby the employer causes harm to the employee by issuing a decision to terminate his/her employment, by cancellation of the employment contract, by suspending from work, by degrading to a lower-ranked position, by declaring the employee’s post redundant, by initiating disciplinary action, by blackmailing or giving a negative […]

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Ireland – Standards – Coverage – Retaliation

3. “penalisation” means any act or omission that affects a worker to the worker’s detriment, and in particular includes- (a) suspension, lay-off or dismissal, (b) demotion or loss of opportunity for promotion, (c) transfer of duties, change of location of place of work, reduction in wages or change in working hours, (d) the imposition or […]

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Jamaica – Standards – Coverage – Retaliation

2. “occupational detriment” means any act or omission that results in an employee, in relation to his employment, being (a) subject to disciplinary action; (b) dismissed, suspended, or demoted; (c) harrassed, intimidated or victimized; (d) transferred against his will; (e) refused transfer or promotion; (f) subject to a term or condition ofemployment or retirement from […]

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Korea – Standards – Coverage – Retaliation

2. The term “disadvantageous measures” means an action that falls under any of the following items: a. Removal from office, release from office, dismissal or any other unfavorable personnel action equivalent to the loss of status at work; b. Disciplinary action, suspension from office, reduction in pay, demotion, restriction on promotion and any other unfair […]

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Malaysia – Standards – Coverage – Retaliation

“detrimental action” includes- (a) action causing injury, loss or damage; (b) intimidation or harassment; (c) interference with the lawful employment or livelihood of any person, including discrimination, discharge, demotion, suspension, disadvantage, termination or adverse treatment in relation to a person’s employment, career, profession, trade or business or the taking of disciplinary action; and (d) a […]

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Malaysia – Standards – Protection – Retaliation

7. (1) A whistleblower shall, upon receipt of the disclosure of improper conduct by any enforcement agency under section 6, be conferred with whistleblower protection under this Act as follows: (a) protection of confidential information; (b) immunity from civil and criminal action; and (c) protection against detrimental action, and for the purpose of paragraph (c), […]

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Malta – Standards – Coverage – Retaliation

1. “detrimental action” includes: (a) action causing injury, loss or damage; and, or (b) victimisation, intimidation or harassment; and, or (c) occupational detriment; and, or (d) prosecution under article 101 of the Criminal Code relating to calumnious accusations and/or; (e) civil or criminal proceedings or disciplinary proceedings;   “occupational detriment”, in relation to the working […]

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Malta – Standards – Protection – Retaliation

3. Subject to the exceptions stated in this Act, despite any prohibition of or restriction on the disclosure of information under any enactment, rule of law, contract, oath or practice a whistleblower may not be subjected to detrimental action on account of having made a protected disclosure. 4. The protection afforded to a whistleblower shall […]

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Serbia – Standards – Coverage – Retaliation

2. “Damaging action” shall mean any action or omission in relation to whistleblowers which violates or infringes the right of a whistleblower or persons entitled to protection as a whistleblower, or which puts such persons at a disadvantage.   21. The employer of a whistleblower must not perform an action or omit to perform an […]

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Serbia – Standards – Protection – Retaliation

3. Prevention of whistleblowing shall be prohibited. Any provision of a general or particular enactment that prevents whistleblowing shall be null and void. 4. Undertaking any damaging action shall be prohibited. 5. A whistleblower shall be entitled to protection in accordance with this Law where: 1. He performs whistleblowing by disclosing information to his employer, […]

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Zambia – Standards – Coverage – Retaliation

2. “occupational detriment ” in relation to the working environment of an employee, means the employee – (a) being subjected to any disciplinary action; (b) being dismissed, suspended, demoted, harassed or intimidated; (c) being transferred against the employee’s will; (d) being refused transfer or promotion; (e) being subjected to a term or condition of employment […]

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Whistleblowing

Bosnia & Herzegovina – Standards – Coverage – Whistleblowing

2. Whistleblower shall mean a person employed in the institutions of Bosnia and Herzegovina and legal entities established by the institutions of Bosnia and Herzegovina, who due to reasonable belief or circumstance indicating to existence of corruption in any of the institutions of Bosnia and Herzegovina in good faith reports to the authorized persons or […]

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Ireland – Standards – Coverage – Whistleblowing

5. (2) For the purposes of this Act information is “relevant information” if- (a) in the reasonable belief of the worker, it tends to show one or more relevant wrongdoings, and (b) it came to the attention of the worker in connection with the worker’s employment. (4) It is immaterial whether a relevant wrongdoing occurred, […]

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Jamaica – Standards – Coverage – Whistleblowing

2. “disclosure” means disclosure of information made by an employee, regarding any conduct of an employer of that employee or another employee of the employer, where the employee has a reasonable belief that the information disclosed shows or tends to show that improper conduct has occurred, is occurring or is likely to occur, and “disclose” […]

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Korea – Standards – Coverage – Whistleblowing

2. The term “public interest whistleblowing” means reporting, petitioning, informing, accusing or complaining that a violation of the public interest has occurred or is likely to occur, or providing an investigation clue of a violation of the public interest to a person who falls under any of the Subparagraphs in Article 6. However, if a […]

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Malta – Standards – Coverage – Whistleblowing

9. (1) A disclosure is a protected disclosure if – (a) it is made in good faith; and (b) the whistleblower reasonably believes, at the time of making the disclosure based on the information he has at that moment, that: (i) the information disclosed, and any allegation contained in it, are substantially true; (ii) the […]

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Zambia – Standards – Coverage – Whistleblowing

2. “protected disclosure” means a disclosure made to- (a) a legal practitioner in accordance with section thirty-seven; (b) an employer in accordance with section thirty-eight; (c) a person or body in accordance with section thirty-nine; or (d) any other person or body in accordance with Part III, but does not include a disclosure- (1) in […]

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Disclosure
Attorneys

Jamaica – Standards – Disclosure – Attorneys

11. A disclosure made by an employee to an attorney-at-law with the object of obtaining, or during the process of obtaining, legal advice is a protected disclosure. Referenced Legislation: Protected Disclosures Act (2011)

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Authorities

Bosnia & Herzegovina – Standards – Disclosure – Authorities

6. (1) External reporting/disclosure shall imply reporting to the following: a) authorities responsible to conduct a criminal investigation and prosecution of perpetrators of criminal offences; or b) The Agency for Prevention of Corruption and Coordination of Fight Against Corruption, and c) The public, in accordance with article 2, point d) of this Law. (2) External […]

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Jamaica – Standards – Disclosure – Authorities

10. (1) Subject to section 12, a disclosure may be made by an employee to the designated authority if it is reasonable in all the circumstances of the case, to make the disclosure and any of the following circumstances applies, namely: (a) at the time of the disclosure, the employee reasonably believed that he would […]

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Malta – Standards – Disclosure – Authorities

15. Except as provided in this Part, an external disclosure shall only be protected if an internal disclosure in accordance with Section 2 of this Part has already been made or attempted to be made. 16. (1) An external disclosure may be made to the whistleblowing reports unit of the authority as provided in the […]

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Zambia – Standards – Disclosure – Authorities

22. (1) A disclosure is a protected disclosure if- (a) it is made in good faith by an employee- (i) who reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and (ii) who does not make the disclosure for purposes of personal gain, excluding any reward payable in terms […]

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Classified

Australia – Standards – Disclosure – Classified

33. Despite section 29, conduct is not disclosable conduct if it is: (a) conduct that an intelligence agency engages in in the proper performance of its functions or the proper exercise of its powers; or (b) conduct that a public official who belongs to an intelligence agency engages in for the purposes of the proper […]

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Ireland – Standards – Disclosure – Classified

18. (1) This section applies to a disclosure of information if it might reasonably be expected- (a) to affect adversely- (i) the security of the State, (ii) the defence of the State, or (iii) the international relations of the State, or (b) to reveal, or lead to the revelation of, the identity of a person […]

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Jamaica – Standards – Disclosure – Classified

12. (1) Where an employee seeks to make a disclosure in relation to a matter that would prejudice the national security, defence or international relations of Jamaica, the disclosure shall be made to either the Minister with portfolio responsibility for that subject matter or the Prime Minister or to both. (2) The Prime Minister and […]

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USA – Standards – Disclosure – Classified

1213. (i) Except as specifically authorized under this section, the provisions of this section shall not be considered to authorize disclosure of any information by any agency or any person which is– (1) specifically prohibited from disclosure by any other provision of law; or (2) specifically required by Executive order to be kept secret in […]

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Employers

Bosnia & Herzegovina – Standards – Disclosure – Employers

5. (1) Any person employed with the institutions of Bosnia and Herzegovina, referred to in Article 1 of this Law, shall be required to submit a report referred to in Article 3 paragraph (1) of this Law to the following: a) His/her superior or to any other person, in the institution where he/she is employed […]

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Jamaica – Standards – Disclosure – Employers

7. (1) Subject to section 12, a disclosure made by an employee to an employer qualifies for protection if the disclosure is made~­ (a) substantially in accordance with a procedure referred to in subsection (2) for the making of disclosures, where such a procedure is in operation; or (b) to the employer, where no procedure […]

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Malta – Standards – Disclosure – Employers

12. (1) Every employer must have in operation internal procedures for receiving and dealing with information about improper practices committed within or by that organisation; such internal procedures must at least identify the person or persons within the organisation, in this Act referred to as the whistleblowing reporting officer, to whom a protected disclosure may […]

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Zambia – Standards – Disclosure – Employers

38. (1) Any disclosure made in good faith- (a) and substantially in accordance with any procedure prescribed, or authorised by the employee’s employer for reporting or otherwise remedying the impropriety; or (b) to the employer of the employee, where there is no procedure as contemplated in paragraph (a); is a protected disclosure. (2) Any employee […]

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Prescribed

Ireland – Standards – Disclosure – Prescribed

7. (1) A disclosure is made in the manner specified in this section if the worker- (a) makes the disclosure to a person prescribed under subsection (2)(a), and (b) reasonably believes- (i) that the relevant wrongdoing falls within the description of matters in respect of which the person is prescribed under subsection (2)(b), and (ii) […]

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Procedures

Australia – Standards – Disclosure – Procedures

59. (1) The principal officer of an agency must establish procedures for facilitating and dealing with public interest disclosures relating to the agency. The procedures must include: (a) assessing risks that reprisals may be taken against the persons who make those disclosures; and (b) providing for confidentiality of investigative processes. The procedures must comply with […]

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Ireland – Standards – Disclosure – Procedures

21. (1) Every public body shall establish and maintain procedures for the making of protected disclosures by workers who are or were employed by the public body and for dealing with such disclosures. (2) The public body shall provide to workers employed by the body written information relating to the procedures established and maintained under […]

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Public

Bosnia & Herzegovina – Standards – Disclosure – Public

2. Special form of protected disclosure/ reporting is disclosing or any other form of making publically available the information indicating to corruption, provided that whistleblowers has a reason to suspect that: 1) he/she will be subjected to detrimental action by a certain person, or 2) in the event of protected reporting from paragraph c) of […]

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Serbia – Standards – Disclosure – Public

19. A whistleblower may disclose information to the public at large without having previously disclosed it to an employer or competent authority in the event of an immediate threat to life, public health, and safety, the environment, to causing large-scale damage, or if there is an immediate threat to destroying the evidence. When blowing the […]

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Followup
Confidentiality

Australia – Standards – Followup – Confidentiality

A person who is, or has been, a public official is not to be required: (a) to disclose to a court or tribunal identifying information that the person has obtained; or (b) to produce to a court or tribunal a document containing identifying information that the person has obtained; except where it is necessary to […]

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Ireland – Standards – Followup – Confidentiality

16. (1) A person to whom a protected disclosure is made, and any person to whom a protected disclosure is referred in the performance of that person’s duties, shall not disclose to another person any information that might identify the person by whom the protected disclosure was made. (2) Subsection (1) does not apply if- […]

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Jamaica – Standards – Followup – Confidentiality

24. (1) Every person receiving, investigating or otherwise dealing with a disclosure under this Act shall regard and deal with as secret and confidential (a) the identity of the employee making the disclosure and any disclosure made; and (b) any statement given, or document, information or thing provided, to the person in the carrying out […]

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Korea – Standards – Followup – Confidentiality

12. (1) No person with the knowledge of the fact that someone is a public interest whistleblower, etc., shall tell, disclose to or publicize to any third party personal information concerning the public interest whistleblower, etc., or other facts that infer the identity of the public interest whistleblower, etc. However, this provision shall not apply […]

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Malaysia – Standards – Followup – Confidentiality

2. “confidential information” includes- (a) information about the identity, occupation, residential address, work address or whereabouts of- (i) a whistleblower; and (ii) a person against whom a whistleblower has made a disclosure of improper conduct; (b) information disclosed by a whistleblower; and (c) information that, if disclosed, may cause detriment to any person; 8. (1) […]

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Malta – Standards – Followup – Confidentiality

6. (1) Every whistleblowing reporting officer or whistleblowing reports unit to whom a protected disclosure is made or referred must not disclose information that identifies or may lead to the identification of the whistleblower unless the whistleblower expressly consents in writing to the disclosure of that information. (2) The whistleblowing reports unit shall not communicate […]

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Serbia – Standards – Followup – Confidentiality

10. A person authorized to receive the information shall be required to protect the whistleblower’s personal data and any data that may be used to discover the identity of the whistleblower, unless the whistleblower agrees to reveal such personal data in accordance with the law regulating personal data protection.   Any person who learns about […]

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USA – Standards – Followup – Confidentiality

1213. `(h) The identity of any individual who makes a disclosure described in subsection (a) may not be disclosed by the Special Counsel without such individual’s consent unless the Special Counsel determines that the disclosure of the individual’s identity is necessary because of an imminent danger to public health or safety or imminent violation of […]

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Zambia – Standards – Followup – Confidentiality

44. An investigating authority, an officer of an investigating authority or public officer to whom a protected disclosure is made or referred shall not disclose information that might identify or tend to identify a person who has made any protected disclosure unless (a) the person consents in writing to the disclosure of that information; (b) […]

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Investigation

Jamaica – Standards – Followup – Investigation

18.-(1) Every person to whom (a) an employee makes a disclosure in accordance with section 7, 8 or 9; or (b) a disclosure is referred in accordance with section 19(4), shall receive the disclosure and take appropriate steps in accordance with this section to investigate or cause the disclosure to be investigated. (2) Subject to […]

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Korea – Standards – Followup – Investigation

9. (1) The Commission, upon receipt of a public interest whistleblowing case, may confirm any information necessary to specify the case, such as personal details of the whistleblower, and the details and purport of the public interest whistleblowing. (2) The Commission may request the public interest whistleblower to submit necessary material insofar as it is […]

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Malaysia – Standards – Followup – Investigation

12. Each enforcement agency which receives a disclosure of improper conduct under section 6 shall conduct its own investigation and prepare a report which contains- (a) the finding of the investigation; and (b) the recommendations for further steps to be taken, if any, based on the finding of the investigation. 13. (1) If the report […]

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Serbia – Standards – Followup – Investigation

13. The employer and competent authority shall be required to act, within their respective remits, upon anonymous disclosures. Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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USA – Standards – Followup – Investigation

1213. `(b) Whenever the Special Counsel receives information of a type described in subsection (a) of this section, the Special Counsel shall review such information and, within 15 days after receiving the information, determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismanagement, […]

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Zambia – Standards – Followup – Investigation

13. (1) An investigating authority may decline to act on a public interest disclosure received by it where the investigating authority considers that- (a) the disclosure is malicious, frivolous, vexatious or made in bad faith; (b) the disclosure is misconceived or lacking in substance; (c) the disclosure is trivial; (d) there is a more appropriate […]

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Objective

Australia – Standards – Objective

An Act to facilitate disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector. 6. The objects of this Act are: (a) to promote the integrity and accountability of the Commonwealth public sector; and (b) to encourage and facilitate the making of public interest disclosures by public officials; and (c) to ensure that […]

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Jamaica – Standards – Objective

3. The objects of this Act are to- (a) facilitate and encourage the making, in a responsible manner, of disclosures of improper conduct, in the public interest; (b) regulate the receiving, investigating or otherwise dealing with disclosures of improper conduct; and (c) protect employees who make specified disclosures from being subjected to occupational detriment. Referenced […]

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Korea – Standards – Objective

The purposes of this Act are to contribute to the stability of people’s livelihoods and to a more transparent and ethical social climate by protecting and supporting people who report violations of the public interest and others. 3. The central and local governments shall strive to prevent as well as stop the proliferation of violations […]

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Malaysia – Standards – Objective

An Act to combat corruption and other wrongdoings by encouraging and facilitating disclosures of improper conduct in the public and private sector, to protect persons making those disclosures from detrimental action, to provide for the matters disclosed to be investigated and dealt with and to provide for other matters connected therewith. Referenced Legislation: Whistleblower Protection […]

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Malta – Standards – Objective

An Act to make provision for procedures in terms of which employees in both the private sector and the public administration may disclose information regarding improper practices by their employers or other employees in the employ of their employers and to protect employees who make said disclosures from detrimental action. Referenced Legislation: Protection of the […]

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Serbia – Standards – Objective

1. This Law governs whistleblowing; the whistleblowing procedure; the rights of whistleblowers; the obligations of state authorities and other bodies and organizations and legal entities and other natural persons in relation to whistleblowing; as well as other issues of importance for whistleblowing and the protection of whistleblowers. Referenced Legislation: Law on the Protection of Whistleblowers […]

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USA – Standards – Objective

2. (1) Federal employees who make disclosures described in section 2302(b)(8) of title 5, United States Code, serve the public interest by assisting in the elimination of fraud, waste, abuse, and unnecessary Government expenditures; (2) protecting employees who disclose Government illegality, waste, and corruption is a major step toward a more effective civil service; and […]

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Zambia – Standards – Objective

An Act to provide for the disclosure of conduct adverse to the public interest in the public and private sectors; provide for a framework within which public interest disclosures shall be independently and rigorously dealt with; provide for procedures in terms of which employees in both the private and the public sectors may disclose information […]

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Protection
Immunity

Australia – Standards – Protection – Immunity

10. (1) If an individual makes a public interest disclosure: (a) the individual is not subject to any civil, criminal or administrative liability (including disciplinary action) for making the public interest disclosure; and (b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the individual on […]

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Ireland – Standards – Protection – Immunity

14. (1) No cause of action in civil proceedings, other than a defamation action (within the meaning of the Defamation Act 2009), shall lie against a person in respect of the making of a protected disclosure. 15. In a prosecution of a person for any offence prohibiting or restricting the disclosure of information it is […]

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Jamaica – Standards – Protection – Immunity

15. (1) This section applies notwithstanding any duty of secrecy or confidentiality or other prohibition of or restriction on the disclosure of information under any enactment, rule of law, contract or practice. (2) A person who makes a protected disclosure, or receives, investigates or otherwise deals with a protected disclosure, shall not be liable in […]

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Malaysia – Standards – Protection – Immunity

9. Subject to subsection 11(1), a whistleblower shall not be subject to any civil or criminal liability or any liability arising by way of administrative process, including disciplinary action, and no action, claim or demand may be taken or made against the whistleblower for making a disclosure of improper conduct. Referenced Legislation: Whistleblower Protection Act […]

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Malta – Standards – Protection – Immunity

4. (1) Notwithstanding the provisions of the Criminal Code or of any other law, a whistleblower who makes a protected disclosure is not liable to any civil or criminal proceedings or to a disciplinary proceeding for having made such a disclosure. 5. 5. (1) Subject to the provisions of the proviso to sub-article (2), and […]

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Zambia – Standards – Protection – Immunity

43. (1) A person is not subject to any liability for making a protected disclosure in good faith and no action, claim or demand shall be taken or made of or against the person for making the disclosure. (2) Subject to the State Security Act, this section has effect despite any duty of secrecy or […]

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NDAs

Ireland – Standards – Protection – NDAs

23. Any provision in an agreement is void in so far as it purports- (a) to prohibit or restrict the making of protected disclosures, (b) to exclude or limit the operation of any provision of this Act, (c) to preclude a person from bringing any proceedings under or by virtue of this Act, or (d) […]

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Jamaica – Standards – Protection – NDAs

20. Any provision of an agreement shall be void and of no effect if the provision precludes an employee from making a protected disclosure or purports to require an employee to (a) agree to not make a disclosure under this Act during or after his period of employment; (b) refrain from instituting any proceedings pursuant […]

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Korea – Standard – Protection – NDAs

14. (3) In the event that the public interest whistleblowing, etc. contains confidential work-related information, the public interest whistleblower, etc. shall be deemed not to have violated his/her professional confidentiality obligation, notwithstanding the provisions of some other Act(s) and subordinate statute(s), collective agreements or the employment rules, etc. (5) The provisions prohibiting or restricting public […]

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Malta – Standards – Protection – NDAs

21. Any provision in a contract of service or other agreement between an employer and an employee is void in so far as it – (a) purports to exclude any provision of this Act, including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract; […]

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Zambia – Standards – Protection – NDAs

4. Any provision in a contract of employment or other agreement between an employer and an employee is void in so far contracts as it – (a) purports to exclude any provision of this Act, including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of […]

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Retaliation

Bosnia & Herzegovina – Standards – Protection – Retaliation

7. (1) The Agency for Prevention of Corruption and Coordination of Fight against Corruption shall decide on affording an employee with the whistleblower status within 30 days following his or her request, made in a good faith, to the Agency for Prevention of Corruption and Coordination of the Fight Against Corruption regardless of whether the […]

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Ireland – Standards – Protection – Retaliation

12. (1) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for having made a protected disclosure. Referenced Legislation: Protected Disclosures Act (2014)

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Jamaica – Standards – Protection – Retaliation

16. (1) An employee shall not be subjected to any occupational detriment on the basis that the employee seeks to make, has made, or intends to make, a protected disclosure. (2) An employee who is dismissed as a consequence of seeking to make, making or intending to make a protected disclosure shall be treated as […]

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Korea – Standards – Protection – Retaliation

15. (1) No person shall implement any disadvantageous measure against the public interest whistleblower, etc. in retaliation for his/her public interest whistleblowing, etc. (2) No person shall obstruct the act of the public interest whistleblowing, etc. or force the public interest whistleblower, etc. to rescind his/her case. 19. (1) The Commission, upon receipt of a […]

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US – Standards – Protection – Retaliation

21F. ‘(1) PROHIBITION AGAINST RETALIATION.- ‘‘(A) IN GENERAL.- No employer may discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner discriminate against, a whistle-blower in the terms and conditions of employment because of any lawful act done by the whistleblower- ‘‘(i) in providing information to the Commission in accordance with this […]

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Zambia – Standards – Protection – Retaliation

10. An employer shall not subject an employee to any occupational detriment on account, or partly on account, of the employee having made a protected disclosure or public interest disclosure. Referenced Legislation: Public Interest Disclosures Act (2010)

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Rights

Korea – Standards – Protection – Rights

14. (4) The whistleblower cannot file a claim for damages caused by public interest whistleblowing, etc. against the public interest whistleblower, etc. If the case falls under Article 2, Subparagraph 2, Item a or b, the person may claim damages. Referenced Legislation: Protection of Public Interest Whistleblowers Act (2011)

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Zambia – Standards – Protection – Rights

13. (4) Where a public interest disclosure is made against any person and the person is suspended or any other administrative action is taken against that person by the employer pending investigation into the matter, and the investigating authority determines that the disclosure falls under subsection (1), the person shall be entitled to- (a) reinstatement […]

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Safety

Korea – Standards – Protection – Safety

13 (1) The public interest whistleblower, etc., his/her relatives or cohabitants may request the Commission to take protective measures for their personal safety (hereinafter referred to as “personal protection measures”) in the event that the public interest whistleblower, etc., his/her relatives or cohabitants have faced or are likely to face serious danger to their lives […]

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Remedies
Interim

Malaysia – Standards – Remedies – Interim Relief

17. (1) The court shall have power in any application for injunction under paragraph 15(1)(B) to order any person to refrain from continuing, repeating or threatening to continue or repeat the act of detrimental action against a whistleblower or any person related to or associated with the whistleblower. (2) Pending the final determination of an […]

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Serbia – Standards – Remedies – Interim Relief

32. The court hearing the case pertaining to relief in connection with whistleblowing or a case referred to in Article 27 hereof may institute interim relief pursuant to legislation governing enforcement and security. A motion to institute interim relief may be made before the initiation of proceedings for judicial relief in connection with whistleblowing, in […]

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USA – Standards – Remedies – Interim Relief

6. `(2)(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e). `(B) […]

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Proof

Malaysia – Standards – Remedies – Proof

10. (7) In any proceedings, it lies on the defendant to prove that the detrimental action shown to be taken against a whistleblower or any person related to or associated with the whistleblower is not in reprisal for a disclosure of improper conduct. Referenced Legislation: Whistleblower Protection Act (2010)

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Serbia – Standards – Remedies – Proof

29. In case the plaintiff has, in the course of proceedings, established the probability of having suffered damaging consequences in connection with whistleblowing, the burden of proving that the damaging consequences are not the result of whistleblowing shall lie with the employer. Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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USA – Standards – Remedies – Proof

806. `(C) BURDENS OF PROOF- An action brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code (following:) (B) Requirements.- (i) Required showing by complainant. – The Secretary of Labor shall dismiss a complaint filed under this subsection and shall not […]

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Relief

Australia – Standards – Remedies – Relief

14. (1) If the Federal Court or Federal Circuit Court is satisfied, on the application of a person (the applicant), that another person (the respondent) took or threatened to take, or is taking or threatening to take, a reprisal against the applicant, the Court may: (a) in any case-make an order requiring the respondent to […]

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Ireland – Standards – Remedies – Relief

13. (1) If a person causes detriment to another person because the other person or a third person made a protected disclosure, the person to whom the detriment is caused has a right of action in tort against the person by whom the detriment is caused. (3) In subsection (1) “detriment” includes- (a) coercion, intimidation […]

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Jamaica – Standards – Remedies – Relief

22. (1) Nothing in this Act affects the right of any employee to whom this section applies to seek redress for occupational detriment by following any process allowed or prescribed by law. (2) This section applies to an employee who, having made a protected disclosure, believes that he has, as a result of making the […]

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Korea – Standards – Remedies – Relief

16. In the event that the public interest whistleblower, etc. requests personnel action such as change of occupation, change of position, transfer out, transfer in, or temporary dispatch, then his/her employer or personnel authority shall give preferential consideration to the requests if deemed reasonable. 17. (1) When the public interest whistleblower, etc. is subjected to […]

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Malaysia – Standards – Remedies – Relief

15. (1) Upon request made by a whistleblower- (a) within three months after being informed by the enforcement agency under subsection 14(6) that detrimental action in reprisal for a disclosure of improper conduct has been taken against him; or (b) at any time that the whistleblower fears that detrimental action in reprisal for a disclosure […]

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USA – Standards – Remedies – Relief

3. (B)(i) The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment. US (Dodd-Frank) 21F. ‘‘(i) CAUSE OF ACTION.-An individual who alleges discharge or […]

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Revocation

Australia – Standards – Remedies – Revocation

11. (1) Section 10 does not apply to civil, criminal or administrative liability (including disciplinary action) for knowingly making a statement that is false or misleading. Referenced Legislation: Public Interest Disclosure Act (2013)

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Malaysia – Standards – Remedies – Revocation

11. (1) The enforcement agency shall revoke the whistleblower protection conferred under section 7 if it is of the opinion, based on its investigation or in the course of its investigation that- (a) the whistleblower himself has participated in the improper conduct disclosed; (b) the whistleblower wilfully made in his disclosure of improper conduct a […]

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Serbia – Standards – Remedies – Revocation

11. Abuse of whistleblowing shall be prohibited. Abuse of whistleblowing shall be deemed present where a person: 1. Discloses information he knows to be false; 2. Seeks illegal gain for himself in addition to seeking action to be taken with respect to the information disclosed. Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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USA – Standards – Remedies – Revocation

21F. ‘(i) PROVISION OF FALSE INFORMATION.-A whistleblower shall not be entitled to an award under this section if the whistleblower- ‘‘(1) knowingly and willfully makes any false, fictitious, or fraudulent statement or representation; or ‘‘(2) uses any false writing or document knowing the writing or document contains any false, fictitious, or fraudulent state­ment or entry. […]

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Rewards

Korea – Standards – Remedies – Rewards

26. (1) The public interest whistleblower may request the Commission to pay rewards if his/her public interest whistleblowing has (1) resulted directly in the recovery of or increase in revenues for the central or local governments through any of the following Subparagraphs or (2) the legal relations in that matter are established. 1. Penalties or […]

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Malaysia – Standards – Remedies – Rewards

26. The enforcement agency may order such rewards as it deems fit to be paid to the whistleblower for- (a) any disclosure of improper conduct; or (b) any complaint of detrimental action in reprisal for a disclosure of improper conduct, which leads to the detection of cases on improper conduct or detrimental action or prosecution […]

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USA – Standards – Remedies – Rewards

21F. ‘‘(b) AWARDS -In any covered judicial or administrative action, or related action, the Commission, under regulations prescribed by the Commission and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to the Commis­sion that led to the successful enforcement of the covered judicial […]

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