Screen a workplace complaint against the personal work-related grievance provisions
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From a de-identified workplace complaint, screen it against the personal work-related grievance provisions and stop there. For a corporations matter, use Corporations Act s 1317AADA. Subsections 1317AA(1) and (2) do not apply to the extent the information concerns a personal work-related grievance of the discloser and does not concern a contravention, or alleged contravention, of s 1317AC that involves detriment caused to the discloser or a threat made to the discloser. The information concerns a personal work-related grievance if it concerns a grievance about any matter in relation to the discloser's employment, or former employment, having or tending to have implications for the discloser personally, and the information does not have significant implications for the regulated entity, or another regulated entity, that do not relate to the discloser, and does not concern conduct referred to in s 1317AA(5)(c), (d), (e) or (f). The examples in the section, subject to that second limb, are an interpersonal conflict, a decision about engagement, transfer or promotion, a decision about terms and conditions of engagement, and a decision to suspend or terminate the engagement or otherwise to discipline the discloser. The note to s 1317AADA says a personal work-related grievance made to a legal practitioner may still qualify under s 1317AA(3). For a Commonwealth public-sector matter, use Public Interest Disclosure Act s 29(2A) and s 29A. Personal work-related conduct is not disclosable conduct unless it would constitute taking a reprisal, or an offence under s 19, or it is of such a significant nature that it would undermine public confidence in an agency, or it has other significant implications for an agency. Section 29(2B) says a disclosure is not prevented from being a public interest disclosure only because it also includes personal work-related conduct. The examples in s 29A include interpersonal conflict, including bullying or harassment, transfer or promotion, terms and conditions, disciplinary action, suspension or termination, and a review under Public Service Act s 33 or a comparable review. The tool does not decide whether the disclosure qualifies. The lawyer supplies a de-identified copy.
- What the lawyer must review
- The lawyer decides whether s 1317AADA or s 29(2A) applies, and to what extent. This screen is not the decision that a disclosure qualifies for protection. A State or Territory public-sector complaint is screened on that jurisdiction's Act. The NSW Ombudsman page that was opened does not set out this test. The lawyer writes any advice.
- 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 identifying points for review. 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
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- 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 detrimentCheck a proposed release or contract change against whistleblower protectionsPrepare the allocation and investigation worksheet for a public-sector disclosure