Whistleblower Protection: a new regime for the Commonwealth public sector

Whistleblowers will now have more rights and protections under the Public Interest Disclosure Act 2013 (No. 133 of 2013) (the Act) which was given Royal assent on 15/07/2012. The Act, which has strong bipartisan support, generally implements the Government’s 2010 Response to the House of Representatives Standing Committee on Legal and Constitutional Affairs report Whistleblower Protection: a comprehensive scheme for the Commonwealth public sector.

The Act establishes a statutory regime to investigate claims of misconduct in the Commonwealth public sector and provides strong protections for present or previous public officials who make qualifying public interest disclosures under the regime. For the purposes of the regime, a public official is generally defined to include persons in, or with applicable link to, the Commonwealth public sector and comprises directors and officers of bodies subject to the Commonwealth Authorities and Companies Act 1997 along with employees of Commonwealth intelligence and law enforcement agencies and, in certain situations contractors providing services to the Commonwealth and their employees.

Key Features of the Act:

• A framework to encourage and facilitate reporting of wrongdoing by public officials in the Commonwealth public sector.

• Provisions that ensure that Commonwealth agencies properly investigate and respond to public interest disclosures;

• Protections for public officials who make qualifying public interest disclosures including providing immunity from criminal, civil and administrative liability for making a public interest disclosure as defined in the Act, and making it an offence for a person to take retaliation action against any person as a result of making, or proposing to make, a public interest disclosure.

The Commonwealth Ombudsman and the Inspector-General of Intelligence and Security (the IGIS) have supervisory functions for the regime. Under the Act, the Ombudsman is in charge of assisting agencies and public officials regarding the operation of the Act and for conducting educational and awareness programs. The IGIS will have the same responsibilities for intelligence agencies and public officials who belong to intelligence agencies.

The Act will not cover disclosures made prior to its commencement. However, once the processes in the Act have commenced, a public official will be able to make a public interest disclosure in relation to conduct which transpired before or after commencement.

Source:

Public Interest Disclosure Act 2013 (No. 133 of 2013) and supporting speeches and explanatory memoranda as reported in the TimeBase LawOne Service.

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