What is a qualifying disclosure?

A qualifying disclosure is any disclosure of information which the person making it reasonably believes, at the time of making:

• is in the public interest; and

• tends to show one or more of the following categories of “wrongdoing” (section 43B, ERA 96):

◊ a criminal offence (for example, insurance fraud or tax evasion) has been committed, is being, or is likely to be committed;

◊ an individual or organisation has failed, is failing, or is likely to fail to comply with any legal obligation owed by them;

◊ a miscarriage of justice has occurred, is occurring, or is likely to occur;

◊ the health or safety of any individual(s) has been, is being, or is likely to be endangered;

◊ the environment has been, is being, or is likely to be damaged, or

◊ information tending to show any matter falling within any of the above categories has been, is being, or is likely to be deliberately concealed.

In summary, the information must relate to a wrong in one of the above categories that the whistleblower reasonably believes is ongoing, likely to be committed in the future, or has already been committed in the past.