A Whistleblowing Settlement Agreement is a crucial document used when resolving disclosed wrongdoing or misconduct within an organization under Australian jurisdiction. This agreement type is specifically designed to comply with Australia's robust whistleblower protection framework, including the Corporations Act 2001 (Cth) and related legislation. It's utilized when a whistleblower and an organization reach terms to resolve matters arising from a protected disclosure, requiring careful balance between settlement finality and preservation of statutory rights. The document typically includes settlement terms, confidentiality provisions, mutual releases, and acknowledgments, while ensuring compliance with mandatory whistleblower protections. It's essential in both corporate and public sector contexts, particularly following the enhanced protections introduced by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019.
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1. Parties: Identification of the parties to the agreement, including the whistleblower and the organization
2. Background: Context of the protected disclosure and circumstances leading to the settlement
3. Definitions: Key terms used throughout the agreement, including 'Protected Disclosure', 'Settlement Sum', and other relevant definitions
4. Settlement Terms: Details of the settlement amount and payment terms
5. Acknowledgments: Mutual acknowledgments regarding the protected disclosure and handling of the matter
6. Release and Waiver: Scope of mutual releases, specifically preserving statutory whistleblower rights
7. Confidentiality: Confidentiality obligations that comply with whistleblower protection laws
8. Non-Disparagement: Mutual obligations regarding public statements, subject to whistleblower rights
9. Tax Treatment: Treatment of settlement payment for tax purposes
10. Continuing Obligations: Ongoing obligations of both parties, including statutory compliance
11. General Provisions: Standard contract terms including governing law, entire agreement, and execution requirements
1. Future Employment: Terms regarding future employment relationship or references, used when ongoing employment is terminated
2. Legal Costs: Provisions regarding payment of legal costs, included when legal costs are part of settlement
3. Return of Property: Requirements for return of company property, used when employment is terminated
4. Remedial Actions: Organization's commitments to address issues raised, included when specific reforms are agreed
5. Mutual Cooperation: Terms for ongoing cooperation in investigations or legal proceedings, used when matters remain active
6. Regulatory Reporting: Provisions regarding regulatory reporting obligations, included when regulatory oversight continues
1. Schedule 1 - Settlement Payment Details: Detailed breakdown of settlement sum and payment arrangements
2. Schedule 2 - Protected Disclosure Summary: Summary of the protected disclosure(s) covered by the agreement
3. Schedule 3 - Deed of Release: Formal deed of release incorporating detailed release terms
4. Appendix A - Statutory Rights Notice: Mandatory notice of preserved statutory whistleblower rights
5. Appendix B - Legal Advice Certificate: Certificate confirming independent legal advice received by whistleblower
Authors
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Government and Public Sector
Mining and Resources
Manufacturing
Technology
Education
Professional Services
Construction
Retail
Transportation and Logistics
Energy
Telecommunications
Non-Profit Organizations
Relevant Teams
Legal
Human Resources
Compliance
Risk Management
Internal Audit
Corporate Governance
Ethics
Executive Leadership
Employee Relations
Investigations
Relevant Roles
Chief Executive Officer
Chief Legal Officer
Chief Compliance Officer
General Counsel
Human Resources Director
Risk Management Officer
Compliance Manager
Ethics Officer
Internal Audit Manager
Corporate Governance Manager
Legal Counsel
Human Resources Manager
Company Secretary
Whistleblower Protection Officer
Investigation Officer
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