Why we need stronger whistleblower protections

Whistleblowers play a vital role in our democracy by standing up for truth and accountability. Unfortunately, Australia’s weak laws mean that whistleblowers face punishment and reprisals when they speak up. 

In recent years we have seen several high-profile whistleblower prosecutions. David McBride is presently serving a five year and eight months’ prison sentence for leaking documents to the ABC, which sparked the landmark Afghan Files reporting on war crimes committed by Australian forces in Afghanistan. 

Richard Boyle, who exposed wrongdoing at the tax office, remains on trial. He lost an appeal about the scope of whistleblower protections, and late last year the High Court refused to hear his case; he will go on trial in November. 

In March, Associate Legal Director, Kieran Pender was at the ACT Court of Appeal to observe McBride’s appeal – he is challenging his conviction, and the severity of his sentence. 

When whistleblowers are silenced, wrongdoing, misconduct and corruption remains hidden.

This is why the Human Rights Law Centre advocates for stronger whistleblower protections. 

In February, we took a major step towards securing this change, when the Whistleblower Protection Authority Bill was introduced to Federal Parliament by crossbench MPs and Senators.    

The Bill would establish a body to oversee and enforce whistleblower protections, facilitate whistleblower disclosures, and safeguard whistleblowers who expose corruption and wrongdoing.   

In recent years, too many Australian whistleblowers have lost their jobs, faced lawsuits or even been prosecuted for speaking up in the public interest. This Bill is a pivotal opportunity for the Albanese Government to address these failings and ensure comprehensive support for whistleblowers.   

The Human Rights Law Centre’s Whistleblower Project is Australia’s first dedicated legal service to protect and empower whistleblowers. We provide legal advice and representation to whistleblowers, as well as advocating for stronger legal protections and an end to the prosecution of whistleblowers.