Check a proposed release or contract change against whistleblower protections
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the clause list the lawyer supplies, mark each clause that would enforce a contractual or other remedy, or exercise a contractual or other right, on the basis of a qualifying disclosure, or that would terminate a contract on the basis that the disclosure is a breach. Cite s 1317AB(1)(a), (1)(b) and (2). Mark separately whether s 1317AB(1)(c) could apply: the disclosure must qualify under s 1317AA(1) or s 1317AAD, and the immunity does not cover proceedings in respect of the falsity of the information. Record the note to s 1317AB(1): except for paragraph (c), the subsection does not prevent liability for the person's own conduct revealed by the disclosure. The tool proposes no replacement wording.
- What the lawyer must review
- The lawyer decides whether the clause is affected by s 1317AB and writes any change. Qualified privilege and the bar on terminating a contract because the disclosure is a breach are s 1317AB(2). A disclosure that qualifies only under s 1317AA(2) or s 1317AA(3) still attracts s 1317AB(1)(a), (1)(b) and (2) where it qualifies for protection under the Part. Paragraph (1)(c) is confined to s 1317AA(1) and s 1317AAD. The lawyer reads the release against the facts of the matter. Settlement of a detriment claim is assessed on those facts and on s 1317AD and s 1317AE. A tax disclosure and a public-sector disclosure are checked against their own protection sections.
- 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 | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- 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.
Related tasks
Advise a prospective discloser which recipient to use so the corporations disclosure qualifies for protectionPrepare the issues for a compensation claim for detrimentPrepare the allocation and investigation worksheet for a public-sector disclosurePlan support and risk controls where detriment or a reprisal is alleged