On World Press Freedom Day, the Human Rights Law Centre is calling on the Liberal National Coalition and Australian Labor Party to commit to dropping the ongoing prosecutions of three Australian whistleblowers and reforming whistleblowing laws if elected. 

The United Nations day, marked on May 3 each year, recognises the vital role journalists and their sources play in ensuring democratic accountability around the world. However, in Australia, three public interest whistleblowers – Bernard Collaery, David McBride and Richard Boyle – are currently being prosecuted for working with journalists to expose serious wrongdoing.  

Canberra lawyer Collaery is alleged to have blown the whistle on Australia’s alleged espionage against Timor-Leste; McBride, a former military lawyer, spoke up about alleged war crimes committed by Australian forces in Afghanistan; and Boyle blew the whistle on unethical debt recovery practices within the Australian Taxation Office.  

At common law and under the Judiciary Act 1903, the Attorney-General has the power to direct the discontinuance of an ongoing prosecution. In the case of Collaery, the Attorney-General was required to approve the prosecution. 

Human Rights Law Centre Senior Lawyer Kieran Pender said: 

“Whistleblowers and journalists make Australia a better place. They hold those who commit wrongdoing, including governments, to account. Whistleblowers should be protected, not punished.  

“It is a stain on our democracy that once again on World Press Freedom Day there are whistleblowers facing potential jail time, on top of the financial and psychological toll already caused by years of prosecution. 

“Bernard Collaery, David McBride and Richard Boyle are each on trial for helping expose serious wrongdoing. Their actions have helped ensure important accountability and change, and yet they are being punished. That is profoundly undemocratic. 

“Today of all days, when the world recognises the vital role that journalists and their sources play in democratic accountability, we call on both major parties to commit to dropping these three prosecutions immediately if elected.” 

The Human Rights Law Centre also called on the major parties to commit to whistleblowing law reform, beginning with the Public Interest Disclosure Act 2013, which protects federal public sector whistleblowers. An independent review of the PID Act in 2016 called for significant reform; these recommendations were accepted by the Morrison government in 2020. Yet no changes have been enacted. 

“We urge whoever wins to commit to long overdue reform to protect whistleblowers,” Pender said.

Media contact:

Evan Schuurman, Media and Communications Manager, evan.schuurman@hrlc.org.au, 0406 117 937.