Comprehensive law reform, whistleblower protection authority needed to better protect Australia’s whistleblowers
The Human Rights Law Centre has called for an overhaul of the Public Interest Disclosure Act (PID Act), the federal law protecting public servant whistleblowers, and a whistleblower protection authority to improve transparency and accountability in Australia’s democracy, in a submission to the Attorney-General’s Department.
Whistleblowers are brave people who expose wrongdoing to hold institutions accountable and prevent wrongdoing. Building on two recent reports, Protecting Australia’s Whistleblowers: The Federal Roadmap (with Transparency International Australia and Griffith University) and The Cost of Courage: Fixing Australia’s Whistleblower Protections, the submission underscores how the PID Act is failing to protect whistleblowers and the need for urgent amendments.
In recent years, a number of Australian whistleblowers have lost their jobs, faced lawsuits or even been prosecuted for speaking up in the public interest. Polling conducted by Essential Media for the Human Rights Law Centre in August found overwhelming public support for stronger whistleblower protections.
In addition to a major overhaul of the law, the submission also calls for the establishment of an independent whistleblower protection authority, and wider reform to other federal laws protecting private sector and non-profit sector whistleblowers.
Attorney-General Mark Dreyfus’ consideration of reform to the PID Act comes at a critical juncture for transparency and integrity in Australia, following the recent establishment of the National Anti-Corruption Commission. A statutory review of Australia’s private sector whistleblowing law is due this year. Last year the Department reviewed Australia’s secrecy laws, with legislative change pending, while a further review of secrecy offences by the Independent National Security Legislation Monitor will begin shortly.
Quotes attributed to Kieran Pender, Senior Lawyer at the Human Rights Law Centre, said:
"Australia’s democracy should protect and empower people for standing up and exposing wrongdoing, but instead Australia’s inadequate whistleblowing laws see whistleblowers suffer significant reprisals for telling the truth.
“The Attorney-General Mark Dreyfus KC should overhaul Australia’s whistleblowing laws and establish a whistleblower protection authority, to ensure that whistleblowers are protected, not punished and prosecuted. Until these laws are fixed, secrecy and wrongdoing will continue to thrive in Australia.”
Media Contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au