Advise a prospective discloser which recipient to use so the corporations disclosure qualifies for protection
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the de-identified instructions, set out the recipient options in Corporations Act s 1317AA and the eligible-recipient categories in s 1317AAC, tagged to whether the entity is a regulated entity under s 1317AAB and whether the person is in a category in s 1317AAA. Mark the personal work-related grievance test in s 1317AADA, including the 'to the extent' rule and the note that a disclosure to a legal practitioner may still qualify under s 1317AA(3). Record that there is no requirement to identify. The lawyer supplies a de-identified copy. The tool does not receive the discloser's name or details likely to identify the discloser. The tool does not write the advice.
- What the lawyer must review
- The lawyer advises the prospective discloser which recipient to use. A disclosure to ASIC, APRA or a prescribed Commonwealth authority qualifies under s 1317AA(1) if the person is an eligible whistleblower and s 1317AA(4) or (5) applies. A disclosure to an eligible recipient qualifies under s 1317AA(2) on the same tests. A disclosure to a legal practitioner for advice or representation on the operation of the Part qualifies under s 1317AA(3) without those tests. An internal disclosure under s 1317AA(2) is not the previous disclosure required by s 1317AAD. The use-immunity in s 1317AB(1)(c) applies where the disclosure qualifies under s 1317AA(1) or s 1317AAD, and proceedings about the falsity of the information are outside that immunity. The note to s 1317AB(1) records that, except for paragraph (c), the subsection does not prevent liability for the person's own conduct revealed by the disclosure. The lawyer writes the advice. A tax disclosure is assessed under Taxation Administration Act Part IVD, and a public-sector disclosure under the Public Interest Disclosure Act 2013 (Cth) or the applicable State or Territory Act.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes extracting and organising information and identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Eligible-recipient intake record for a corporations or tax disclosure | Form | AI use Yellow | An internal record for the person who receives a corporations or tax disclosure, with the recipient categories in ss 1317AAC and 14ZZV and a place for identity that is not filled by a tool. |
Signed-in accounts can read the full text of each one. All precedents.