A complaint of workplace bullying and harassment does not constitute a disclosure of 'improper conduct' within the meaning of the Whistleblowers Protection Act 2001 (Vic), s 3, or the Protected Disclosure Act 2012 (Vic), s 4, because such conduct does not fall within the statutory categories of corrupt conduct, substantial mismanagement of public resources, or conduct involving substantial risk to public health, safety or the environment. Accordingly, the failure to treat such a complaint as a protected disclosure cannot constitute 'unlawful means' for the tort of conspiracy to injure. The question whether an omission to comply with the WPA could constitute 'unlawful means' for the tort of conspiracy, had the Act been engaged, was left open.
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