“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The

Whistle No. 61, January 2010

Newsletter of Whistleblowers Australia

Media watch

Whistleblowers afraid to they fully understand how it works Confidential hazardous incident before they entrust their fate to this reporting has its roots in the aviation speak despite new laws deeply flawed process.” industry, where death is more readily Glenn Kauth Among the problems, according to evident and the consequences of such Law Times, 19 October 2009 FAIR, is that the legislation doesn’t an incident can be more severe. The provide ironclad protection for workers idea of “no-blame” reporting has IN a recent documentary, CBC’s The who report wrongdoing. So, if they become quite well-established over the Fifth Estate highlighted yet more feel they’ve suffered retaliation for years. A pilot makes a mistake, problems with Canada’s record on their actions by a manager, for exam- perhaps turning a control knob clock- enforcing airport safety rules. ple, they can make a complaint to the wise when he ought to have turned it The story stemmed from a stu- public sector integrity commissioner, the other way. He realises his mistake, dent’s discovery of a computer Christiane Ouimet. takes the corrective action and disaster memory stick in a coffee shop. On it She may then start an investigation is averted. But he realises that if he were warnings from a government but, FAIR says, procedures for doing could make this mistake, others might security inspector that officials are so are problematic for three reasons: do so with catastrophic results, and a compromising public safety in favour employees have just 60 days to file a programme is in place to enable him to of “profit and convenience.” complaint; they have little legal report his lapse. It could be that this But besides shedding light on a support compared to the government; points to a potentially serious design safety issue that would disturb most and they face the onus of proving their deficiency, or something that can be Canadians, the report drew attention to problems at work were the result of easily prevented by a small “tweak” in yet another problem in our laws: the retaliation. In other countries, laws the design, or additional training. But lack of adequate protection for whis- provide for a reverse onus that requires the mere fact that such a system was tleblowers who report wrongdoing. the employer to show the adverse available has encouraged its use, and That’s because the inspector who treatment wasn’t due to whistle- saved lives. The fact that the reporter issued the warnings wouldn’t talk blowing. will not be blamed, or thrown out of about them. The Conservatives, of course, can his job on account of this lapse, is a He feared reprisals for what he had justly argue that their Federal further encouragement to use this done and told reporter Hana Gartner Accountability Act brought in useful system. that he knew of other government reforms. But the reaction by the airport It is some years since the UK employees who had suffered badly for security inspector shows government Department for Transport, conscious coming forward with problems. In the employees are still very fearful of of the value of such an incident- end, he instructed her never to call him reporting wrongdoing. reporting programme to aviation, again. Canadians deserve better. That decided to fund the establishment of a His reaction isn’t surprising, of would require changes to our laws, but marine equivalent, the Confidential course, but it is troublesome given until the public speaks up, we’ll Hazardous Incident Reporting Pro- both the gravity of the safety issue at depend on lost memory sticks in coffee gramme (CHIRP). It has now been in hand as well as the fact that the federal shops to find out what’s really going operation for more than five years and government was supposed to have on within our government. is beginning to make a positive impact addressed the reticence of whistle- on marine safety. Interestingly, al- blowers to come forward in the wake though it is a UK initiative, it of the sponsorship scandal several welcomes reports from ships and years ago. The value of seafarers sailing under any flag. It is Obviously, changes by the former confidential reporting successfully reaching the leisure Liberal government to the Public Watchkeeper boating industry as well as commercial Servants Disclosure Protection Act and BIMCO, September 2009 and Marine shipping and trying hard, with limited later amendments to it under the Engineers Review, November 2009 success, to penetrate the fishing Conservatives’ Federal Accountability industry, where too many deaths and Act aimed at making it easier for WE live in an unforgiving world where injuries still take place. bureaucrats to report problems haven’t the “culture of blame” is well estab- It is, of course a wholly voluntary worked. lished, legal liabilities abound and the system, and it is individuals who report In assessing the legislation, in fact, concept of an “honest mistake” has incidents to its headquarters in the organization FAIR (Federal become almost redundant. That is Farnborough, in the UK. And while Accountability Initiative for Reform), perhaps why a system that enables initially attitudes in the shipping includes this warning to government people to report hazardous incidents in industry might have been suspicious of employees on its web site: “Public a confidential manner is very valuable something akin to “whistle-blowing,” servants who are considering making a indeed. there has been growing support for disclosure under the new legislation CHIRP and encouragement of its aims should first pause and make sure that

2 The Whistle, #61, January 2010 in the industry. Good companies have whistleblowers and deter other profes- their concerns about patient safety in processes for “near-miss” reporting, sionals from coming forward. the out-of-hours GP service were not but experienced people also recognise The IoS (Independent on Sunday) taken seriously. that the embarrassment of a mistake has learnt of children in Stoke-on- Francesca West, a policy officer at might prevent an individual reporting Trent needlessly losing organs after PCaW, which provides legal advice to an incident. CHIRP encourages open- safety issues highlighted by a senior whistleblowers, said: “Bad employers ness and a public spirit, through its surgeon — who was suspended after are using super gags to hush up promise of absolute confidentiality. coming forward to voice concerns — problems rather than sort them out, and CHIRP also takes action to address were ignored. In one of more than 20 many people feel scared and pushed incidents, in a navigational near-miss, serious incidents, a newborn baby girl into accepting these terms. That’s why for instance, contacting the owners of needed an ovary removed after a we are pushing for whistleblowing the “other ship” to find out what went standard procedure to remove a cyst claims to be made public so we can wrong. In a recent report published by was delayed because of staff shortages. identify problems and hold employers CHIRP about a navigational incident, a According to Public Concern at accountable.” range of failures were identified by the Work (PCaW), two-thirds of all The introduction of the 1998 Act company of the ship complained about, whistleblowing cases settle before was hailed as a huge step forward. Yet and all were being addressed. reaching court. The details of these whistleblowers still risk facing Of course, knowing that CHIRP is claims, including allegations of “trumped up” allegations of miscon- there and knowing what it does are dangerous practice, dishonesty and duct, improper behaviour or mental very important, this being undertaken misconduct, are never disclosed to the illness if they feel compelled to voice by regular reports published as CHIRP public. concern. Margaret Haywood, for Feedback several times every year in However, judges are also failing example, a nurse who filmed under- newsletter form. As a result of this, it the public by agreeing to NHS gagging cover to expose shocking care of has been possible to detect certain orders when presiding over whistle- elderly patients in Sussex, was struck trends, and these can be addressed. blower cases in court. Such orders off for breaching patient confidential- Some might be obvious, like regular leave future patients exposed to poor ity, even though no patient or relative failures to keep a good lookout and practice, while past ones remain complained. She was reinstated by the poor knowledge of the regulations. unaware that they may have been a High Court last month after wide- Others are more singular, but no less victim, says Dr Peter Wilmshurst, spread public outrage at her dismissal. important, such as a cook concerned at consultant cardiologist at Royal According to Peter Gooderham, the risk of poisoning from food kept in Shrewsbury Hospital. lecturer in law and bioethics at the a press in the mess for too long, or University of Manchester Law School, equipment failures. CHIRP is proving there are too many legal hurdles to increasingly useful, as confidence in it jump over for a whistleblower to grows. ensure their full protection. “The legal protection for whistleblowers does not work. The NHS is littered with whis- tleblowers whose lives have been NHS is paying millions damaged or destroyed. For protection, to gag whistleblowers the whistleblower must have a reason- Patients’ lives put at risk able belief in their accuracy, and the by tactics used against those Peter Wilmshurst disclosure must be made in good faith. who highlight safety fears A whistleblower may not understand Nina Lakhani This evidence of widespread gagging what ‘reasonable belief’ and ‘good The Independent on Sunday comes amid government insistence that faith’ mean, and indeed may not wish 1 November 2009 whistleblowers are fully protected to run the risk that a court or tribunal under the 1998 Public Interest Disclo- might find against them on these NHS whistleblowers are routinely sure Act, which made it illegal for points. I question whether these legal gagged in order to cover up dangerous NHS trusts and other public bodies to hurdles are necessary where patient and even dishonest practices that could include confidentiality clauses pre- care is threatened. A lot of tactics used attract bad publicity and damage a venting the disclosure of information are too subtle for the law; threats and hospital’s reputation. [The NHS is the that is in the public interest. bullying work for trusts, so they UK National Health Service.] Dr Richard Taylor, Independent continue to be used.” Some local NHS bodies are spend- MP for Wyre Forest and a member of The British Medical Association ing millions of taxpayers’ money to the Health Select Committee which has opened 15 new whistleblowing pay off and silence whistleblowers condemned the lack of support for cases in the past three months, and with “super gags” to stop them going whistleblowers in its recent patient more than 200 doctors have rung its public with patient safety incidents. safety inquiry, will this week call for helpline since July 2009. Around a Experts warn that patients’ lives are an adjournment debate on the issue. third of calls to PCaW each year being endangered by the use of Two “terrified” local doctors have involve workers in health and social intimidatory tactics to force out recently approached Dr Taylor after

The Whistle, #61, January 2010 3 care, many of which take years to acting for the trust if he ever took his Kenya, 2002: The population is tired resolve. concerns about patient safety to his MP of the pervasive corruption under then According to Dr Wilmshurst, one or the media. President Daniel arap Moi’s govern- doctor was recently vindicated by a His story came to light when his ment. They elect Mwai Kibaki as court, five years after raising the alarm son, Andrew Bousfield, a non-practis- president, who appoints John Githongo about the misconduct of a more senior ing barrister, was referred to the Bar as the head of a national anti- colleague. The trust agreed to pay Standards Board by the trust after he corruption campaign. But soon after compensation and the five years of lost tried to represent his father in taking office, Githongo realizes the salary on condition the doctor agreed correspondence. new government is just as corrupt as it to a gagging clause. The doctor, now The trust last night said it was was under Moi. broke, exhausted, career in tatters, had satisfied the terms of the compromise no option but to accept the terms, even agreement, which included the confi- though it means the public will never dentiality agreement, have not stopped find out what happened. Dr Bousfield raising concerns with the In another case, the IoS has learnt appropriate regulatory bodies. of more than 20 senior doctors and nurses being warned against support- Shiban Ahmed: denied access ing the claims of a whistleblowing Shiban Ahmed, 48, a senior paediatric colleague, as this would place them in surgeon from Cheshire, joined North breach of their employment contract. Staffordshire NHS Trust’s University Mr Shiban Ahmed (see below), a Hospital in 2007. He raised concerns paediatric surgeon employed by about poor-quality surgery and delays University Hospital of North Stafford- in treatment with trust management, shire NHS Trust, has been suspended the health regulator, the GMC and the on full pay since March after raising BMA for months before he was ap- the alarm about botched operations on proached by Bill Cash, MP for Stone. John Githongo children and unnecessary delays in Mr Cash had been contacted by the treatment. A senior colleague has told grandparents of Lilianna Brassington, Soon thereafter, Githongo begins the IoS about a relentless “campaign” 10, after Mr Ahmed saved her life by secretly recording conversations with by the trust managers to discredit Mr diagnosing a “flipped stomach” need- government officials that reveal their Ahmed among his colleagues. ing an urgent operation. Her parents, misconduct. Fearing for his life, The trust said it would always Wendy and Tony, were incensed when Githongo flees to Britain and publishes encourage staff to raise issues inter- she was denied a follow-up appoint- his information — but not through a nally first, but has not and would not ment last year with Mr Ahmed for traditional news outlet like the BBC. prevent staff talking to the media or eight weeks after the trust withdrew his Instead, he uses the Internet site external parties about patient safety services. Mr Ahmed had diagnosed her Wikileaks. concerns or governance issues. condition after 18 months of worsen- Githongo’s report has been one of ing health under her previous doctor. Wikileaks’ greatest successes so far, Peter Bousfield: gagged and pushed Mr Ahmed, who has been suspended says Daniel Schmitt, who helps out since March, is “concerned” at being oversee the website in Germany. The In 2007 Dr Peter Bousfield, a consult- denied access to the investigator report had a significant influence on ant gynaecologist and former medical examining his allegations, involving the outcome of 2007’s election in director at Aintree Hospitals Trust in more than 20 children. Kenya. Liverpool, felt forced to accept early “Some estimate that Githongo’s information influenced ten to fifteen retirement, with a gagging clause attached, after his concerns about percent of the votes. News agencies insufficient staffing levels and patient Wikileaks website offers had reported on the information for safety at Liverpool Women’s NHS promising outlet for weeks, and everyone in Kenya was Foundation Trust were ignored for aware of it,” according to Schmitt. fighting corruption Wikileaks is an Internet platform years. Author: Manfred Goetzke Dr Bousfield repeatedly reported through which anyone can publish Editor: Kate Bowen sensitive documents or information. delayed operations, overcrowded 27 November 2009 clinics and inadequate staffing levels There is just one condition: They must be authentic. Some 1,200 people are to the medical director and chief Top secret and restricted access: executive from 2002. He was pushed currently involved in maintaining the Government officials have long found project worldwide. They are united by towards early retirement in 2006, as an ways to conceal documents that might allegation of bullying was made a desire to fight corruption and prevent incriminate them. With the Internet governments and companies from against him — though it was not platform Wikileaks, insiders can now formally investigated. illegal conduct. bring such documents to the public. Fighting corruption has been a He was subsequently threatened with a court injunction by lawyers central task of the news media for a

4 The Whistle, #61, January 2010 long time — but, in today’s climate, Baer and the Iranian government have — stressing it is not linked to the many media outlets can no longer already brought cases against CSIRO in any way. finance investigative research. Wikileaks — without success. Dr Spash accused his employer of Even most of the Wikileaks staff gagging him after it refused to Cost-effective resource for remains anonymous. Daniel Schmitt formally release his report under the journalists conceals his real name, and he is the CSIRO banner earlier this month. “Investigative journalism is under only person in Germany affiliated with The paper, “The Brave New World serious threat,” said Schmitt. Instead, the project who speaks publicly about of Carbon Trading,” is critical of cap there’s more and more superficial his work. Those who help uncover and trade systems — like the one the reporting, he continued: “Entertain- political scandals live in constant Government is introducing — as well ment and pop culture — all of these danger. as the compensation given to industry. things that just distract us from what’s “At the beginning of the year, two He recommends a direct tax on actually important.” of our staff members in Kenya were carbon. But journalists now have a new, murdered,” he said. “When that The CSIRO — which has guide- cost-effective source for sensitive happened, I was glad not to have lines restricting its scientists from information, while informants have a published my name.” Schmitt commenting on public policy — has new way to share their information. acknowledged that Germany differs in repeatedly denied suggestions it is Citizens who have learned of corrup- many ways from Kenya. “Still,” he censoring criticism of the Government. tion or illegal conduct now have a added, “it’s a question of who you “This has never been an issue of place where they can turn, even if they upset and how much they’re willing to gagging or stifling debate on ETS do not know any journalists whom invest to get rid of the problem.” policies,” Dr Clark wrote. they trust, Schmitt pointed out. The Wikileaks staff lives with that “The key issues at play here are the The Wikileaks staff has developed sort of danger in order to allow quality of science and how it is several methods to verify the authen- dissident figures in countries without communicated. ticity of published documents. free press to publish their information “CSIRO has a nationally Computer specialists test the materials with relatively little risk to themselves. recognised role as a trusted advisor on to determine whether they have been Until a few months ago, Schmitt matters of science and as such it is digitally manipulated. Then the staff had worked as an IT specialist who set important that all our staff are able to contacts experts on the subject that is up computer networks for companies. fulfil their duties in an apolitical, dealt with in the uploaded documents. For him, that was a good reason to quit impartial and professional manner.” However, Hans Leyendecker, an and transition to working for She said CSIRO had processes in investigative journalist at Germany’s Wikileaks. place to ensure its reputation in science Sueddeutsche Zeitung, remains skepti- “I have never felt so good about and development is maintained. cal. “It’s a source that you can at least what I do as now. When I get up in the Dr Clark was critical of Dr Spash’s take a look at, but you shouldn’t put morning, I know that I will accomplish approach to the issue, saying he had too much hope in it,” he said. something each day that helps not met his responsibilities as a CSIRO According to Leyendecker, the someone.” scientist. problem is that a person cannot always He will be punished for releasing determine what has been falsified and his paper during a conference in what is authentic. “The second issue is Darwin in October. that the documents generally just serve CSIRO scientist to be Although he released it without as a starting point for more compre- punished over emissions mentioning his link to CSIRO, the hensive research — they don’t offer trading scheme paper science body said he was meant to much more than that,” he said. The Australian, 26 November 2009 have gotten formal approval. “His behaviour has been manifestly A matter of life and death for THE CSIRO will punish one of its inconsistent with the expectations and informants scientists after he published a paper on obligations that apply to all CSIRO Since its inception, 1.2 million climate change that criticised the staff,” Dr Clark said in the letter. documents have been uploaded to the Government’s emissions trading The CSIRO, which headhunted the site. The site draws such a high scheme. It has accused Dr Clive Spash leading scientist, had tried to get Dr number of informants because they are of breaching protocol by releasing the Spash to amend the report so it could able to remain anonymous. paper before it was vetted by the peak be published with CSIRO linkage, but Before a document appears on the science body. he declined to change it. site, the Wikileaks staff makes sure to “These breaches of fundamental The unamended report has been upload it from computers in countries CSIRO standards will be dealt with tabled in Parliament. with strong freedom of press laws. through appropriate line management,” That means that if someone files a suit CSIRO boss Megan Clark wrote in a Later news Clive Splash resigned from against Wikileaks, then they must letter to Federal Science Minister Kim CSIRO and is going to Europe. contend with the expansive freedom of Carr. press rights in countries like Sweden or But facing accusations of censor- the US. Scientology, the bank Julius ship, it has released the paper officially

The Whistle, #61, January 2010 5 Articles

Dealing with a interview. He told me that he had CMC had been advised by Education never had this conversation — or any Queensland (EQ) that my CMC “reformed policy” other such conversation — with the complaint was being investigated by Robina Cosser administrator who had made the an “independent investigator.” But I “record.” had discovered, using the Education “WE HAVE reformed our policies” On 15 February 2006 I emailed the Queensland website, that the “inde- sounds so re-assuring. But what does it Minister for Education Rod Welford, pendent investigator” was actually a really mean? the Queensland Ombudsman, the junior EQ employee. I told the CMC Who controls the process of Director-General of Education Ken officer that the CMC were being “reform”? Smith, CMC Complaints, the Educa- misled. And the CMC officer became And who benefits from the tion Queensland Director of Ethical very angry with me. She told me “reform”? Conduct John Ryan and an Officer in repeatedly that I was wrong. So I asked the Education Queensland Department the CMC officer to search for the name 1. of Ethical Standards, Peter Edwards. I of the “independent investigator” on In late 2005, under Freedom of described my phone conversation with the EQ website. She searched on the Information, I was given a copy of a the student named in the “records.” Education Queensland website and, of “record” of an interview with one of And my conversations with a teacher course, found the name. And so the my students. The interview concerned and a parent named in the hidden CMC officer had to admit that the a piece of an eraser that — according “records”, who had also told me that CMC had been misled — and that the to this “record” — had been thrown at the “records” concerning them seemed “independent investigator” was actu- this student by another student in to have been fabricated. A principal ally a junior employee of Education November 2000. (Please don’t snigger and a member of the Education Queensland. and dismiss this incident as trivial — Queensland head office staff had But on 4 January 2007, Helen this sort of fabricated “trivia” can earlier told an Infocomm officer that Couper, Director, Complaints destroy a Queensland teacher’s career.) the secret “records” of their conversa- Services, CMC, wrote to me advising The “record” of this interview had tions seemed to have been fabricated. me that the CMC would have no been secretly placed in my Education I told the minister and these senior further communication with me. Helen Queensland files. This created the false Queensland public servants that I was Couper made this decision more than impression that the eraser-throwing starting to wonder if some of the one year before the CMC received the situation had been discussed with me “records” of conversations that had 30 January 2008 Education Queens- during the investigation into my been hidden on my Education land “Final Outcome Advice” in which December 2000 Stage 1 Grievance Queensland official records had simply Education Queensland again claimed concerning workplace abuse. It was been “made up.” that my CMC complaints had been one of many such “records” concern- But in 2009, in the 13 November “independently investigated.” ing me that had been hidden on my copy of the Queensland Teachers’ And so, in 2009, the official Educa- Education Queensland “Official Journal, Andrew Knott of Macrossans, tion Queensland and CMC official Records.” the QTU solicitors, writes to advise records again state that my CMC The “record” of this interview had Queensland classroom teachers that complaints were “independently been concealed from me till late 2005. they must not ask student witnesses to investigated.” This is not correct. By the time I found the “record” of the make statements. Andrew Knott But in 2009 I can’t tell the CMC interview under Freedom of Informa- advises classroom teachers to request officers that they are being misled. tion, the student concerned was old that “an appropriate administrative Because in 2009 no CMC officer is enough to go to university. team member” ask the student for a allowed to speak to me on the phone. I did not believe the record. statement. And my letters to the CMC are just The student concerned was dis- This 2009 QTU legal advice leaves marked “File away, No Further Action abled. I had spent a lot of time helping Queensland classroom teachers even (NFA) in light of 4 Jan 2007 letter him individually. I could not believe more exposed to workplace abuse. If advising of no further communica- that this student would make these classroom teachers follow this advice, tion.” critical statements concerning me. a school principal could “record” that a And, in 2009, EQ have removed the I asked the “independent investiga- child has made a complaint about a names of their head office employees tor” to interview this student. But the teacher, and the teacher would have no from their public-access website. “independent investigator” told me way of finding out that the principal’s So in 2009 a Queensland teacher that he was not allowed to interview “record” is totally falsified. who is told that their CMC complaint the student, or any other witnesses. is being “independently investigated” Because “it would be too expensive.” 2. will not be able to discover that they So, on the evening of 11 February In October 2004 an officer of the are being misled. And the teacher 2006, I phoned the student myself. I Queensland Crime and Misconduct would be not able to prove to a CMC read out to him the “record” of the Commission (CMC) told me that the officer that the Education Queensland

6 The Whistle, #61, January 2010 “independent investigator” is actually a companies to which employees can that they felt had been the most junior Education Queensland em- report wrongs. They are extremely serious. ployee. successful in stopping fraud against the They were then asked if they had company or agency, with many studies formally reported that activity to any In my experience, most Queensland from the big auditing companies being individual or group and to whom. They public service “reforms” are designed used to confirm their success. Price chose from a list that included unions, by the abusers to protect the interests Waterhouse Cooper’s 2007 survey on a peer support officer, a counselling of the abusers. economic crime, for instance, based on service or others who could possibly interviews in over 5,400 companies effect action. Robina Cosser is a member of the located in 40 countries, found that Finally the respondent was asked national committee of Whistleblowers whistleblowers reported 43% of fraud whether he/she was treated badly by Australia. identified in companies. It might not management or co-workers. It was this be fraud by the company; it could be question that showed “only 22%” was an officer on the same level reporting, mistreated. The mistreatment say, misuse of an office computer for There are several reasons why the personal use, even viewing pornogra- retribution rate will be higher for of whistleblowers phy — or the private use of the whistleblowers reporting organisa- Peter Bowden company’s vehicles. tional wrongdoing that is against the public interest than it will be for the WHISTLEBLOWERS are still in danger, reporting of wrongs against the veteran journalist Laurie Oakes tells us company in a keynote address at a recent press 1. The 39 wrongdoings included six freedom dinner. He is the latest in a personnel and workplace grievances — long line of observers who point out racial discrimination, harmful working the damage faced by people who try to conditions, unfair dismissal, incorrect bring wrongdoing by their organisa- staff selection procedures, favouritism tions out into the open. and bullying. These last two had the The retribution that whistleblowers second and third highest reported rate face is widely documented. C. Fred of the 39 categories (p. 29). Bullying Alford and Roberta Johnson give many as a percentage of public employee examples in their studies on whistle- wrongdoings that were reported is very blowing. It would also be the conclu- high (30%). The six together add to sion of every member of the national Peter Bowden over 85% of reports (p. 29). These committee of Whistleblowers Australia results confirm the experiences of (WBA). It is certainly my opinion after Companies do not retaliate against WBA members who receive many many years of working closely with these employees — they thank them. personal grievances each year, all whistleblowers. They even reward them. The Austra- described as whistleblowing. The The finding of the recent study lian public sector study however, could complainants are very unhappy people, Whistleblowing in the Australian not distinguish between this type of and do receive help from WBA. But Public Sector that “only 22%” are whistleblowing and that of people they are not whistleblowers. More mistreated is a misleading figure. The reporting wrongdoing by senior staff importantly, it is likely that a person result is due to the structure of the of the organisation for company or reporting bullying, through any of the study, and, in particular, to the ques- agency benefit. several conduits noted above, would tions that were used. It doesn’t give the The public sector study was huge, not experience retaliation. Imagine you extent of the mistreatment of people and a major and valuable addition to are a union official who receives a who are exposing wrongdoing by the knowledge on whistleblower practices. complaint about bullying. How are you organisation itself. The mistreatment There were eight surveys across the going to retaliate? figure was revised upwards to 30% of public sector, the largest of which sent 2. When personal grievances are whistleblowers when the definition out 23,177 questionnaires, to which excluded from the results the was changed to exclude people who 7663 public servants from 118 agen- mistreatment percentage rises — to were classifying personal grievances as cies responded. The contributors to the near 30%. However the six personal whistleblowing, but this redefinition research were from fourteen state and grievances are not the only personal still missed the point. Those who the federal government ombudsman complaints that employees make suffer mistreatment are those who and anti-corruption agencies, along against a senior officer when com- report a wrongdoing that is against the with five universities, led by Griffith plaining to WBA. Covering up poor public interest. Such wrongdoings University. performance is one. It has also an bring public disapproval on the organi- Respondents to the large survey equally high reporting rate at 29.6%. sation or on a senior officer. The were asked whether they had observed “Acting against policy” or “incompe- retaliation rate then is much higher. in the last two years one or more of tent or negligent decision making” are Companies, and public sector agen- some 39 different wrongdoings. They others. They could be genuine but are cies, hire “hotline” whistleblowing were then asked to select one activity also symptomatic of an employee who

The Whistle, #61, January 2010 7 is unhappy with a senior officer, or will be small, however, as resignation The conclusion can be drawn from with his/her employing organisation. If rates are low. the above arguments that the reported these complaints were separated out, The wrongdoings listed are the figure near 30% of whistleblowers the mistreatment rate would go even same for every organisation that was who experience mistreatment is almost higher. In any case, if a staff member surveyed. As simple observation tells certainly understated. If we combine complains of these activities to a us however, those in addition to these those who are not of public interest counselling officer, the counselling wrongdoings, virtually all disciplines with those who reported themselves as officer is unlikely to mistreat the and professions have additional sector- whistleblowers when they were not, complainant. Or even acquiesce to specific wrongs. Educational institu- and unlikely to be retaliated against, mistreatment. tions have plagiarism, research insti- then there is a much larger number of 3. Two out of five respondents tutions produce bogus findings, genuine public interest whistleblowers (41%) reported wrongdoing “at or hospitals face a massive number of who did experience retaliation. below my level” (p. 66). Such report- bio-ethical issues, public enterprises Depending on the assumptions this ing is unlikely to attract retaliation. It encounter the same range of market- retaliation figure may be as high as is extremely difficult for a person to ing, advertising, and financial wrongs 60–80%. mistreat a whistleblower who is at a that are seen in the private sector. An higher organisational level. The whis- employee that had experienced one of Peter Bowden is president of the NSW tleblower in any case is arguably not a these wrongs may have responded to branch of Whistleblowers Australia. whistleblower but a manager doing the questionnaire under a general his/her duty. The manager may not heading — acting against policy for even be in a direct line above the instance, or wasting funds. But we do Response to wrongdoer. Such a case may arise not know, throwing some further doubt through the informal social networks on the results. Peter Bowden that exist in large organisations Three other factors could have AJ Brown enabling a more senior officer who influenced the responses to the ques- learned of a wrongdoing elsewhere in tionnaire and raise additional questions THE Whistling While They Work the organisation to report it upwards regarding the findings that were project team enjoyed working with 4. Case handlers and managers have reached. you, Peter, as well as others from responded that 48% of employees who • The survey covered all types of Whistleblowers Australia in the report wrongdoing “often or always” public sector agencies. The Common- design, development and piloting of experience problems (emotional, wealth has virtually no whistleblower the key instruments in the project. I social, physical, or financial) and a protection, however, so it is possible understand why many people con- further 42% state that it is “sometimes” that the nature of whistleblowing and cerned about the consequences of the case (p. 83). These problems are therefore of retaliation is different in whistleblowing continue to be worried not necessarily mistreatment or the Commonwealth. People tend to that some of the survey results might retribution, but it is difficult to see how blow the whistle only in areas where understate the frequency and extent of these types of problems could arise, if they feel relatively safe. problems experienced by whistleblow- the whistleblower is treated “well or • The report does not correlate the ers — which range from outright the same” by co-workers or manage- wrongdoing with impact on the reprisals to failures of support, to all ment. Case handlers and managers reputation of senior officials or the the subjective stresses of dealing with involved in a whistleblowing incident organisation itself. Again drawing on investigative processes and being would likely see the true picture WBA experience, if the whistleblow- witness to wrongdoing itself. behind whistleblowing for it is their ing accuses a senior official or the In fact most of the issues raised by task to manage such incidents. They whole organisation of a wrongdoing, Peter have been addressed before, and would have no reason to exaggerate the retaliation and efforts to cover up are directly addressed in our analysis. I their responses. The findings that 48% are very high. encourage readers of The Whistle to to 90% of whistleblowers experience • The report does not show the read for themselves, chapters 5, 6 and problems, as observed by people with percentages of respondents from 9 of Whistleblowing in the Australian some formal responsibility for whis- different agency groups. It is WBA Public Sector (ANU E-Press, 2008), tleblowing, suggests that the mistreat- experience that whistleblowing issues which are free to download along with ment of genuine public interest arise more frequently in certain types the rest of the book from whistleblowers is much higher than the of organisations — universities and http://epress.anu.edu.au/whistleblowin 22–30% that have been stated. other teaching institutes, police g_citation.html. It is a limitation of all 5. Some whistleblowers have enforcement authorities, child welfare survey research that the results need to changed jobs shortly after their agencies for instance. It would have be interpreted in light of the methods whistleblowing experiences and are helped to know if the proportion of used both in data collection and the therefore unlikely to experience retri- these institutions in the sample were way a very large body of data is cut in bution. They may have even left the representative, from which the conclu- analysis. There is nothing strange service and not responded to the sion could be drawn that the findings about this. Wherever they have been questionnaire. The impact of leaving are representative. Otherwise there is identified, all such issues are addressed the service on questionnaire responses doubt. in the book.

8 The Whistle, #61, January 2010 Some of Peter's reportage of the Chapter 6 also analyses the risk BOOK REVIEW methods is accurate, some is inaccu- factors for when mistreatment is more rate, but readers can judge that for likely, and several of the factors Don’t be gagged themselves. The main thing is that his discussed by Peter are included (for Reviewer: Brian Martin main argument is correct, as explained example, relative organisational sen- in the book, even if not for the reasons iority between people involved, which WHAT can whistleblowers learn from he suggests. From the large survey of the evidence suggests is indeed a very legal actions against activists? public servants, 22 per cent of those important factor in what happens — Imagine that you are a protester. categorised for analysis purposes as not surprisingly). It is quite clear that You write letters to the newspaper public interest whistleblowers re- you put a couple of those factors criticising a property development. Or sponded that they considered together, and the proportion of whis- you attend meetings of concerned themselves to have been treated quite tleblowers in that situation who are citizens on an environmental cam- badly or very badly by either their co- likely to suffer adverse outcomes goes paign. Or you join protest marches and workers or the management of their very high indeed. No attempt has been rallies. Or, more dramatically, you take organisation as a result. But that is made to disguise this reality, in fact direct action by entering private only one part of understanding the quite the reverse, which is why this property to block earth-moving equip- impacts of whistleblowing on whistle- crucial analysis has its own chapter. ment — a form of civil disobedience. blowers. On top of that, we make some However there is also evidence that Thousands, indeed hundreds of estimates, not mentioned by Peter, of sometimes — against all the odds — thousands, of Australians join in such the higher proportions who suffer people in high-risk situations can still activities every year. Nonviolent varying levels of stress and adverse emerge surprisingly okay, or so they activists who are arrested usually know outcomes, many of them the responsi- said. We need to learn from all the exactly what they are doing and the bility of others, which are less easily experiences of where things have likely consequences — usually not too sourced to active mistreatment. On actually gone comparatively right, or at severe. However, a few protesters, pages 131–133 we discuss indicators least much better than you might very unlucky ones, are unexpectedly of how many whistleblowers (even expect, if we are to set and then sued by companies and spend years those who report being treated well) implement a higher standard of what with court cases hanging over their report the stressful nature of the governments, organisations and man- heads. experience, and count these as impacts agers must do to deal properly with the In the early 1990s, many people in which need to be prevented, mini- reporting of wrongdoing and the Adelaide joined protests against the mised, managed and compensated for. protection and support of the people building of a bridge to Hindmarsh As we conclude, on this measure the involved. Island. There were environmental overall proportion of whistleblowers Of course, there are many situations concerns and, more importantly, the who currently suffer can be estimated where even after this effort, organisa- bridge was opposed by local Aborigi- to be about 62 per cent. tions or governments will unfortu- nal women. The owners of a marina on As also stated in the book, the nately continue to fail to protect their the island, the Chapmans, started suing above results are also very much people, or where whistleblowers are opponents of the bridge for defama- averages, across a very wide pool of justified in going public with all the tion. They initiated dozens of legal whistleblowing and reporting activity, damaging consequences that this can actions, suing individuals, environment and a wide pool of organisations. involve for them. In these situations, groups and media organisations. Some of the breadth of the organisa- we need a different range of protec- tion types and sizes involved is further tions to be strengthened and extended, discussed in the draft second report, and a whole new approach to how released in July 2009, available at aggrieved whistleblowers can seek www.griffith.edu.au/whistleblowing/. effective compensation for the impacts Chapter 5 makes clear (as do later on their lives and careers. Our book chapters) that there are huge and, in documents the vital importance of our view, unacceptable differences these reforms, as well, and you can rest between agencies — in some organi- assured that the researchers involved in sations, these figures go much higher Whistling While They Work will than the average results. In some cases, continue to pursue them. quite similar organisations got very Thanks for the opportunity to different results. The fact that some comment yet again on these issues — agencies are doing much better than it probably won't be the last time. you might have believed, helps confirm that the management of the A J Brown is Professor of Public Law at Hindmarsh Island bridge bad ones now have no excuse not to Griffith University and project leader, lift their game. Exposing a more Whistling While They Work (2005- What do you do if you’ve been sued accurate picture of this state of affairs 2009) for speaking out on a social or was a major aim of the research. environmental issue? You might make an apology and pay up, but that’s

The Whistle, #61, January 2010 9 expensive and it means that you’ve left Then there was the Gunns case. but it wasn’t all that much of a other campaigners in the lurch. In fact, Gunns, a huge forestry company in diversion from Animal Liberation’s if everyone folds up, protest is hardly Tasmania, sued 20 individuals and goals: the creative protesters were possible: it will be inhibited by fear of groups — forest activists and critics — often able to make the legal terrain lawsuits. for damaging its business. This was a serve as a campaigning opportunity. Another option is to fight the case. frontal attack on the right to protest. That’s also expensive. You might end Some of the activists had taken direct up paying tens of thousands of dollars, action, but others had only done the with no guarantee of success. If you usual things taken for granted in a lose, you might have to pay the liberal democracy such as writing opponent’s legal costs too. And it’s a letters and making submissions. They slow process, lasting months or years. were also charged with conspiracy, so Meanwhile, the protest campaign is that those who had only done appar- bogged down, with more concern ently legal things were held responsi- about defending court cases than ble for the illegal activities of some addressing the issues. activists. But those illegal activities Ralph Hahnheuser A more creative option is to use the were fairly standard, such as squatting court cases as a way of attracting in trees to prevent logging operations. There were fewer bright sides to the greater attention to the issue. That’s All of a sudden, conventional protest Hindmarsh Island saga. The defama- what happened when MacDonald’s methods were being met by a legal tion actions came so thick and fast that sued Helen Steel and Dave Morris for action with a claim for millions of most protesters were frightened and producing a leaflet titled “What’s dollars and the potential to bankrupt intimidated. One difference was that wrong with MacDonald’s?” that individuals. protest against the Hindmarsh Island discussed health shortcomings of One of the organisations sued by bridge was more broad-based; many MacDonald’s food, poor pay for Gunns was The Wilderness Society who were involved were better workers and the environmental impacts (TWS), one of Australia’s largest and described as concerned citizens than of beef production. The ensuing court most active environmental groups. experienced activists, and they poten- case was the longest in British history TWS called on Ogle to be the legal tially had a lot to lose without the same and helped stimulate a massive coordinator for the Gunns case. As a level of prior commitment. The campaign that was a public relations result, he has an unequalled under- defamation actions were devastating disaster for MacDonald’s. It sounds standing of the legal and public dimen- for the campaign. It was only through great, but it meant Steel and Morris put sions of lawsuits against protesters. the combined efforts of the defendants, their lives on hold for a decade. Unfortunately, Ogle was completely Ogle and a number of supportive In Australia, if you are a protester exhausted by these cases, at times lawyers that the SA environmental and you are sued, who do you call? working himself to a frazzle physically movement survived as well as it did. Greg Ogle. He was heavily involved in and emotionally. So he might not be In the Gunns case, TWS was most the Hindmarsh Island legal actions. keen to tackle yet another case. But happy to campaign, using the legal He’s not a lawyer, but he’s learned an you can learn much of what he has to actions as an opportunity to raise incredible amount about the legal offer through his book Gagged. He concern about Gunns generally. This system — he calls himself a bush goes systematically through the worked best internationally: the Gunns lawyer. He’s an experienced activist. Hindmarsh Island, Animal Liberation suit was seen as outrageous and led to And he’s highly experienced in dealing and Gunns cases, giving the back- a great increase in attention and with legal actions against activists. ground politics, telling about the cases activism against Gunns in several other The Hindmarsh Island legal dramas themselves, highlighting the opportu- countries. Within Australia, the went on for years. After that, Ogle nities for using the cases for cam- outcome was more mixed, because the became involved in advising members paigning advantage and pointing to campaigning had to be offset by the of Animal Liberation in South Austra- problems. fatiguing effort to address the legal lia. Some of them had entered a The Animal Liberation case worked dimensions. farmer’s property, taken photos of his out best for the activists, who were Ogle was frustrated by the interac- battery chicken operation and used the able to use stunts to turn the legal steps tion with some of the many lawyers event to publicise potential violations into media events or just having fun. supporting the Gunns 20 defendants. of animal welfare laws. Animal For example, a protester in a chicken The lawyers favoured a legally Liberation believed that what the suit served a counterclaim on one of oriented strategy, often at odds with an farmer was doing was illegal, but he the farmer’s lawyers. activist preference for using the case as never would have been prosecuted Ralph Hahnheuser, the campaigner a base for campaigning. except for the activist raid. But enter- behind the original raid, prepared T- Back in the 1980s, US scholars ing the property was illegal — the shirts with provocative messages, Penelope Canan and George Pring farmer sued. Ogle wasn’t in on the triggering a separate set of legal studied hundreds of legal cases in raid, but he became involved in the activities that aided the protesters — which businesses or other bodies sued subsequent legal manoeuvres and and he wore one of the T-shirts into the citizens who had protested against campaigning. courtroom. The case was exhausting abuses, developments and the like.

10 The Whistle, #61, January 2010 They called these cases SLAPPs: tors. I have long had this view. Ogle alleged illegality of what you said or Strategic Lawsuits Against Public has convinced me to reconsider: once did and the forum changes to the legal Participation. The acronym SLAPP in court, he argues, the moral high system. caught on and has been a useful ground isn’t worth much. He thinks The challenge for anyone who conceptual tool for opposing this sort it’s powerful to countersue; it puts the speaks out is to maintain the focus. of anti-democratic legal tactic. In the other side on the defensive. This issue Rather than getting sucked into an US, most of the activity threatened by deserves more debate. exclusively legal defence, as lawyers SLAPPs is protected by the first Gagged is testimony to the incredi- often recommend, Ogle shows how it amendment to the constitution, not via ble emotional and personal cost in is possible to continue campaigning, its guarantee of free speech but by a defending against SLAPPs, not to including by using steps in the legal lesser-known part of the first amend- mention cost in time and money. process as campaigning tools. ment, the right to petition the govern- Gunns ended up with a serious loss of Ogle’s recommendation to counter- ment. However, in Australia there is no reputation internationally, but the toll sue is one way to keep the focus on the equivalent to the first amendment, on the defendants was enormous. Is original problem, typically the activi- which means legal challenges to there any way around this? Ogle ties of whoever is suing. In other SLAPPs are more difficult. argues for law reform, in particular for words, choose legal manoeuvres Ogle hasn’t given the full story of anti-SLAPP legislation. This would be according to campaigning goals. the legal cases in which he was nice, undoubtedly, but where is the In campaigning, a key task is to involved, but instead a simplified political will to implement it? Given maintain unity of those involved. version, leaving out many of the that decades of law reform efforts on When under legal attack, maintaining tortuous legal arguments, motions, behalf of free speech have yielded very unity becomes more difficult due to delays, debates and deceptions. Even little in actual changes in the law, the increased fear and risks. Therefore, so, the story he tells will be more than prospect of anti-SLAPP legislation extra effort needs to be made to complex enough for most readers, thus becoming a priority seems remote. cement connections with allies and giving a good sense of the labyrinthine Ogle notes that the one example of supporters. For whistleblowers, that pathways of the legal system — such Australian legislation, the ACT’s means trying to find others who will something that most people, if they Protection of Public Participation Act speak out and spending time with and knew what was involved, would prefer 2008, doesn’t do much for defendants: giving consideration for family, to avoid if at all possible. It is all the it is mainly symbolic. friends, co-workers and other sup- more impressive that Ogle has shown porters. how to enter this hall of mirrors while Ogle shows that it is possible to Greg Ogle’s website, still keeping the political core of the http://users.senet.com.au/~gregogle/ become an effective legal advocate issue in view. , is titled “The bush lawyer's guide to without formal legal training. But it’s What is the solution? Are legal avoiding and surviving litigation not easy. The knowledge of how to actions a guaranteed way to destroy the against public participation.” It states survive and use the legal system needs morale of activists? Ogle has shown “This website is authorised by Greg to be explained for non-experts, with Ogle on behalf of Bush Lawyers Ink, a one way of countering SLAPPs: design not for profit legal service brought to plenty of examples. And we need a legal-political response that high- you by the legal system’s inability to many more Ogles to help out when the lights the original issue — the protect the community’s right and going gets tough. Hindmarsh Island bridge, battery ability to participate in public debate farming or the destruction of old- and protest.” Greg Ogle, Gagged: the Gunns 20 and growth forest — and use the legal other law suits (Sydney: Envirobook, 2009). actions to generate greater concern. What to do?

Within this overall strategy, Ogle Ogle is so close to the issues that it is has several general recommendations. quite an achievement that he has been One is to speak out and not succumb to able to make sense of the incredibly lawyers’ pressure to keep the case complex legal dramas. Even so, solely in the legal arena. Many whistleblowers may not see his take- defendants are worried that comment- home messages all that clearly, aside ing on the issues might jeopardise the from pushing for law reform. There- case or transgress some legal rule like fore let me suggest some implications. sub judice (often invoked by politi- When you are sued for speaking cians to avoid commenting on an out, what usually happens is that the issue). Ogle insists on keeping the focus and forum change. You intend, political or social objective foremost; in speaking out, to draw attention to a this usually dictates speaking out problem: corruption, abuse, environ- rather than keeping quiet. mental damage or whatever. Your Ogle recommends countersuing. focus is the problem and your forum is Activists often like to maintain the discussion, either inside an organisa- moral high ground by being only the tion or among the wider public. When targets of legal actions, not the initia- you are sued, the focus changes to the

The Whistle, #61, January 2010 11

WBA business

Whistleblowers Australia issues with management. The worker dealing with the issues raised by was identified, slandered, harassed, whistleblowers. 2009 National Conference and so on. Management tried to John Murray asked what would “Blowing the whistle prevent a union representative accom- happen when people blow the whistle in the workplace” panying the worker to an interview. on corrupt activities within unions. Saturday 5 December The worker didn’t use the SA whistle- Janet said union corruption was Aquinas College, North Adelaide, blowing legislation, because it was too deplorable. The union movement as a South Australia slow and weak. The worker wanted the whole does not support such activities initial issues to be addressed, but the and it is not the culture of the Notes by Brian Martin main game was management’s aggres- movement. This is a personal summary of points sive attack on the worker’s credibility Jo Holland commented that the raised at the conference. The speakers and livelihood. decision by the worker not to use the and questioners have not checked the SA whistleblower law reflected the account here. difficulties of formal channels. Janet said that the first step was conciliation, All photos by John Pezy followed by arbitration. The main obstacle was not cost but rather the Shelley and John Pezy, from the South lengthy time involved and the complex Australian branch of Whistleblowers process. The act itself is excellent but Australia, were the lead organisers of it has hardly been used, and many the conference and AGM. The venue, people don’t even know it exists. Aquinas College, is a Catholic resi- Ted Regan asked how to go about dence for students at the University of changing the culture. Janet said the Adelaide. Visitors from other parts of “Whistling While They Work” project the country were able to board at the and other bodies have described how college and walk down the corridor to to go about it. But strong supportive the conference room, a pleasant venue signals need to come from manage- with views of nearby buildings and ment and governments. So pressure is parks. needed from WBA and others. SA Janet Giles The conference was run as a series does not have an anti-corruption of talks followed by questions and commission — evidence is mixed Janet described some of the recom- discussion. about how effective such commissions mendations of the research study are. “Whistling While They Work.” She Janet Giles, secretary of South Frances Scholtz asked how you argued for improvements in the law Australia Unions, began by telling a measure change in organisations. Janet and in organisational culture. She story about her recent trip to Italy — said one way is assessing workers’ pointed to power inequalities as a her husband is from southern Italy. feelings. central issue: workers need to be They saw on television a security Feliks Perera commented that empowered in order to be confident camera video showing a killing in young people are not given informa- enough to speak out. But the high Naples by the Camorra, the Naples tion about what to do when faced by proportion of casual workers means version of the Italian mafia. The killing corruption. Janet said this should be that fear of loss of work is an everyday was bad enough, but what was even embedded in education and training. reality for many. A culture supportive more striking was that other people at Cynthia Kardell asked about work- of whistleblowers will lead to more the shop didn’t seek to assist or call the ers’ compensation: a problem is that honest and productive workplaces. police, but simply walked over the when you make a claim, you open body on the way out. The Camorra is yourself to the employer seeking all Questions and comments so threatening that most citizens dare sorts of information about you that can Peter Bennett — a long-time unionist not do anything openly, though they be used to discredit you, so it might be himself — asked how often unions might make an anonymous report. This better for whistleblowers to use other promoted issues concerning whistle- is an extreme example but is nonethe- forms of leave (sick leave, annual blowing. Janet acknowledged that less analogous to the situation in leave) and postpone making a compen- unions haven’t dealt with whistleblow- Australia in which most people are sation claim, thereby empowering ers as much as they might have, afraid to speak out about abuses at workers by keeping them more in primarily because unions are oriented work. control of the process. Janet said to collective action whereas whistle- Janet continued by describing the unions have to support workers’ blowing is more commonly an usual consequences for whistleblow- compensation systems as a safety net, individual matter. The challenge is to ers. She gave a detailed account of a but the system is slow, complex and come up with collective ways of worker who confidentially raised litigious — so many workers are more

12 The Whistle, #61, January 2010 damaged by the system than by their act (namely the issues on which commission reflects popular concern workplace experience — and there’s a whistleblowing is protected), secondly about corruption. need to explore other avenues. Cynthia to broaden the range of people covered David suggested having a whistle- commented that compensation cases by the act, and thirdly to enable blowers week. He also said we need don’t address the original workplace whistleblowers to go to the media. our own Australian stories about issue and that unions have an impor- After taking this initiative, lots of courageous individuals, along the lines tant role in alerting workers to the people, mainly from local government, of the Hollywood films telling the disadvantages of going the compensa- have come to him with stories of stories of Erin Brockovich (portrayed tion road. corruption. He guesses that corporation by Julia Roberts), Karen Silkwood Matthew Bazeley said that in some employees haven’t come to him (portrayed by Meryl Streep in ways he wished that the SA whistle- because they are more afraid, whereas Silkwood) and Jeffrey Wigand (the blower law didn’t exist, because it local government bodies are more tobacco company whistleblower gave him a false sense of confidence. open. portrayed by Russell Crowe in The He’s not convinced that the law is as David described recent SA legisla- Insider). good as it could be. Janet repeated her tion, designed for dealing with point that the laws need to be assessed organised crime, that has draconian Questions and comments for how effective they are. provisions that enable government Cynthia Kardell recommended the US Peter Bennett said WBA would be officials to seize property, keep infor- False Claims Act that allows individu- inviting union representatives to future mation confidential and deny licences. als to make claims about corruption conferences. Janet said WBA needs to These laws are a threat to democracy. involving the government. The act interact with unions at all levels, involves punitive damages against including the rank and file. Peter then violators and rewards whistleblowers. asked whether state governments David commented that the US act would relinquish some control if there would have been introduced by a were a federal whistleblower law. reformist government when the condi- Janet saw there were no barriers from tions were right — but there’s no such the point of view of unions. The government in Australia today. The question was the strategy to bring other option is to tack it onto other about change. legislation. But it’s very hard to Cynthia Kardell asked about se- promote significant reforms. Cynthia crecy: every whistleblower law in said that the money angle in the US is

Australia assumes whistleblowers want David Winderlich crucial: governments recoup a lot of confidentiality in exchange for protec- money from corrupt corporations. tion, though in reality the bargain isn’t He said that the complexity of issues David is willing to have a look. kept. She argued for a different facing government is a problem, for Ted Regan said there’s a need for approach: workers go public and the example differences in views by some means to deal with accessories to legislation supports them as public scientists about contentious topics. corrupt conduct. whistleblowers. Janet agreed. Collec- Some scientists may be afraid to voice Paddy Dewan raised the issue of tive support isn’t easy to generate their views, and they need to be able to natural justice. Codes of conduct have when the issue is confidential. On speak out so that the issues can be been used against him in pursuing paper, confidentiality looks right but in properly debated. Tools are needed to consumer protection. There’s a need practice it can makes things more bring information to the public for an independent view of a conflict difficult for the vulnerable person. domain. and for a natural-justice balance sheet. Karen Smith described her mistake: Many leaders are impatient with David said no, there’s a need instead she signed a settlement with a gag democracy. They want to get things for a partisan group to support clause. She trusted the employers to do done — or, to use other words, to get whistleblowers — namely Whistle- things in the settlement; when they deals done — without bothering with blowers Australia. Natural justice and didn’t happen, she no longer felt bound public debate or scrutiny. When elites the public interest need to be balanced. by the clause. She was let down by her give up on democratic ideals, then the Julie Wilson said the police union: Karen was advised to change system is in jeopardy. complaints authority is a toothless her correct statement. Her conclusion David described the bodies set up tiger, based on her experience after the is that there’s better protection from for dealing with disclosures as either murder of her son. What is the answer? going public. muzzled or blinkered. To deal with David said there are different ways to problems, honesty and bravery are deal with problems in the police. If SA David Winderlich, an independent needed, but these attributes are in short had an anti-corruption commission, member of the SA parliament, supply. there would be a need to think through commented on two key supports for In SA, local sentiment supports its relation to other agencies. democracy: whistleblowing and free- setting up an anti-corruption commis- Greg McMahan said that in dom of information. He moved an sion. The main opponents are the state advancing an anti-corruption commis- amendment to the SA whistleblower government and the local government sion, he is advocating another sword (a law firstly to expand the scope of the association. The support for such a metaphor for dealing with the problem

The Whistle, #61, January 2010 13 in the organisation), but what’s needed all cases, the whistleblowers were ties. Paddy described a conversation is a stronger shield for whistleblowers. targeted. with a colleague who was terrified of Peter Bennett said that if protection When he proposed a better approach taking action — or anyone even were stronger, more people would be for pain relief at Royal Children’s knowing about the conversation. willing to speak out. Hospital in Western Australia, he suffered reprisals. Following the death Greg McMahon, WBA National Paddy Dewan, a paediatric surgeon of a transplant patient in 2002, Paddy Director, went through his lengthy from Melbourne, said normally made a report to the hospital board, analysis of the “Whistling While They nobody understands what he’s talking leading to an investigation (the sham Work” (WWTW) project. He said the about, so he appreciates talking with review). The upshot was that he lost report of this study has many useful whistleblowers, who actually will his job. parts, but it has deficiencies. understand. He then described, in some detail, He pointed out that the steering There are two types of sham review. several inquiries that targeted him committee of the project was made up The first is flawed, designed to cover personally. All sorts of dubious proce- of representatives of watchdog something up. The second is designed dures were used, such as the use of agencies, with only one exception, to discredit an individual. unsupported allegations, charges of Transparency International. That’s one He doesn’t see himself as a whistle- doing things that should be considered problem, because of the shortcomings blower but rather as someone who saw proper, and claims without evidence. of many of the watchdogs in relation to a few adverse outcomes and wanted to He gave lots of detail about allegations whistleblowers, including in some raise awareness about them. In this and methods. Whether he will be able cases acting against whistleblowers. talk, he wants to talk about what he has to continue to practise medicine Greg unfavourably compared the learned from his experiences. remains to be determined. Not WWTW project with Bill De Maria’s His story has been in The Age. incidentally, since the 1990s he has earlier whistleblower study. spent a total of three years in Third Greg presented diagrams of two World countries where he has ways organisations could be affected performed over 2000 paediatric by corruption: ad hoc corruption, surgical operations. which involves only a few low-level staff, and systemic corruption, in Questions and comments which many higher-level personnel are Brian Holden said that in NSW there is involved. Greg thinks the results of the a lack of leadership in the health WWTW study are compatible with system. Paddy said that professional systemic corruption, but the study associations should learn about report hardly discusses this sort of whistleblowing and sham reviews. corruption. The WWTW study WBA should be helping the process. recommends reporting corruption, but Feliks Perera said that what this is unwise if wrongdoers fill many happened to Paddy seemed to senior positions. contradict procedural fairness (another term for natural justice). Paddy said that he could only see the things coming at him, so it was hard to see the procedural unfairness. Feliks said that if there’s no procedural fairness, all findings from inquiries should be set aside. Paddy said that he’s had a lot Paddy Dewan of support, but some surgeons have

very fragile egos. A famous case of sham review Peter Bennett asked whether it involved Ignac Semmelweis, who in would be possible to injunct the the 1800s pointed out that if doctors process (referral to the medical board) washed their hands before delivering until procedural fairness is ensured. babies, the death rate of mothers Paddy wasn’t aware of that as a dramatically declined. He was potential solution — he appreciates the condemned by colleagues and died in opportunity to learn from WBA. Paddy an insane asylum. Paddy then referred says he wants to change the system for to a number of contemporary cases of everyone. Peter countered with the Greg McMahon workers who had been victimised for argument that Paddy needs to survive speaking out about problems in the himself, otherwise his influence will be Greg said that the WWTW team did medical system. Whistleblowers can far less outside the system. not consult sufficiently with whistle- be doctors, nurses or administrators. In Sue Berry asked whether others who blowers. That, combined with the were ethical had encountered difficul- deficiencies of the WWTW study, led

14 The Whistle, #61, January 2010

Greg to recommend that WBA should are tampered with. He is followed crucially important and who need to be adopt a formal response to the WWTW home every day. His work is moni- able to cope too. project. tored. Colleagues whisper about him Whistleblowers need to know a lot. and make complaints about him. And There are numerous options and Questions and comments on and on. Judith has met lots of agencies. Likewise, there are many Glynne Sutcliffe said the cultural Georges. sources of support, from families, problem behind corruption meant that Judith has blown the whistle three unions, counsellors and self-help such problems need to be addressed in the times. She says it is important to as through meditation or exercise. education system to bring up a new understand personality types and While in the workplace, there are generation of better citizens. Greg said workplace cultures that whistleblowers lots of things to know: keeping that the problem was not so much may come up against. records, recording discussions, logging dishonesty as fear of the consequences. A key personality type is the events, choosing when and how to Ted Regan said that many dishonest psychopath (a person with antisocial fight, and assessing risks to personal managers were previously bullies in personality disorder), who disregards safety. the schoolyard. Greg said that the the rights of others (they essentially Finally, Judith discussed the mental problem was that good workers left lack a conscience). She recommends practice called mindfulness, which can dysfunctional workplaces, leading to John Clarke’s book The Pocket Psycho reduce stress and provide a calmer mediocrity. Greg disagreed that the and Paul Babiak and Robert Hare’s perspective on one’s life situation. On problem was cultural: he said the book Snakes in Suits. We have to learn request, Judith led everyone through a problem was bad legislation and how to work with psychopaths and to mindfulness exercise. agencies. deal with them. Peter Bennett said that in many Another key personality type is the Question and comments cases people at the top would be narcissist, who has grandiose view of Frances Scholtz asked whether some willing to fix problems, but they don’t themselves, who can make your life government departments work better know about them because access to miserable if you offend them. Then than others. Some have terrible reputa- information is blocked by middle there are lazy, incompetent and tions — including some in health. management. We should be trying to uninterested people, and finally there is Judith said that certain personality deal with the people who knowingly organised crime. types are attracted to particular types break rules, not those who are When you blow the whistle, you are of organisations, and some are at- unaware; we shouldn’t say the problem likely to experience excessive stress, tracted to high-level positions, often is always with management. Greg said with associated behavioural and for self-interest. that WWTW should have looked at the psychological symptoms, including Feliks Perera noted that Judith had full range of problems, including long-term health problems. What you a lot of prior learning and so was better organisations that rely on questionable need to survive is called resilience, the able to cope than whistleblowers who practices — and that includes capacity to handle stress and adopt are completely overwhelmed by things watchdog agencies themselves, for helpful coping strategies. they did not anticipate. Judith agreed. example when they refer complaints She tries to help others who don’t have back to agencies. the same coping skills. She always Robina Cosser returned to Glynne’s leaves the decisions to the person, point about how society has become rather than tell them what to do or not the way it is. She questioned the to do. system of public service promotions Glynne Sutcliffe said that the role of and its link to a problematic culture. personality factors was small com- pared to the nature of the institution, Judith Merari-Lyons, a clinical social which — according to the Philip worker from Queensland, spoke about Zimbardo prison simulation study — how to be a whistleblower and keep determines people’s behaviour. Judith your job. said she knew about Zimbardo’s study, Judith gave two case studies. Mary but nonetheless it’s important to speaks out about paedophilia; the understand personality types, including managers take it seriously, stamp out to understand how any of us can, due the problem and Mary is congratulated. to circumstances, start behaving in Mary’s story is fictional. Judith has Judith Merari-Lyons nasty ways. Glynne also said that it never heard of a case like it. The other might be better to get rid of govern- case study involves George, who Judith has worked with many vulner- ment bodies and move to a market speaks out about paedophilia. George able children and many murder cases, system, to minimise the damage in suffers enormously from reprisals, gets and so has become familiar with both bureaucratic systems. Judith said there no support from management or personal tragedies and the need to are certainly problems with govern- agencies. He receives death threats. He develop personal capacities for ment bodies, but private enterprise has becomes the subject of investigation, survival. She pointed to the needs of its own share of pathological especially his mental state. His files partners (spouses), whose support is behaviours.

The Whistle, #61, January 2010 15

Sue Berry told about the value of provided a supporting example of Peter told a story that gave a the film North Country, which helped police not sharing information across perspective on bringing about change. her children understand what she was boundaries. There are problems and problems and going through. Her question: is there a problems. An individual can address time when the danger subsides and you problem 1 and problem 2 and so on but can relax? Judith said it depends. It there’s a limit. All you can really do is may take a long time — in one of what you can and then let others carry Judith’s cases it took ten years before the baton in future. she felt safe. Robina says that often it’s a waste John Murray said that many of time to make submissions — it’s lawyers fitted the definition of psycho- just playing to the government’s tune. pathy. Judith said that there are also Peter disagreed, arguing that some lots of very good lawyers, some of submissions make a difference for whom have helped her enormously. agencies bereft of ideas, and that it’s Julie Wilson described a mental worthwhile contributing wherever you technique that helped her deal with a can. phalanx of police officers and lawyers Peter concluded by saying that at a coronial inquiry: imagine them in Whistleblowers Australia is a small their underpants. Judith agreed that voluntary organisation and can only do humour is a powerful tool. so much. We can make a difference but we shouldn’t expect to make things Peter Bennett, president of Whistle- Peter Bennett perfect. We do what we can. blowers Australia, gave an update on Shari Allison introduced herself. the national situation. He began by Peter emphasised that half of problems She manages the Internal Witness commenting on the abysmal state of in organisations could be fixed by Support Unit in the NSW Police Force. Australian criminal law in relation to listening to whistleblowers. If whistle- It doesn’t use the term whistleblower the case of Allan Kessing, who was blowers could go to the media, the but that’s what’s involved. The unit convicted for something he claimed he problems would become political provides support to all members in the didn’t do but not even charged for issues and there would be greater service. The unit gives lectures and something illegal he admitted; the pressure to fix the problems. Karen tutorials for new recruits. When latter involved a politician. said she has been going to the media individuals encounter difficulties, the Peter commented on the role of since 2005, so she is perplexed by staff unit can provide individual guidance honest belief in making disclosures. In who say that you can be dismissed for and assistance, either informally or a discussion involving Glynne and going to the media; actually, she was through formal reporting processes. Greg, the point was made that if a dismissed in 2009 on a technicality There was a discussion about person has an honest belief, then the involving documents given to the whether WBA should be trying to issues raised should be the focus of media. Her point is that there can be obtain funding. Glynne said $250,000 attention — not the person making the problems in the media too, but per year could be used to pay a claims. Robina said that some unions certainly she was able to survive for journalist and a lawyer to pursue are not supportive of whistleblowers, four years after going to the media, specific tasks. Sue pointed out that because they treat the issue as a because the evidence she provided was paying a coordinator can be counter- dispute between members. too strong. productive, by centralising power and Peter commented on the continuing Greg commented on how most of giving the appearance of action increase in attention to whistleblowing, the Queensland media have not without a solid base. The issue of including via media coverage. He said reported anything on the Heiner affair WBA funding is long-standing, having there’s a huge rush to develop new in recent years, even when the head of been debated for years — and no doubt legislation about whistleblowing, but it the NSW Independent Commission will be debated further in the future. is not to protect whistleblowers but Against Corruption went to Queens- rather to manage the information being land and commented on Heiner. Greg’s disclosed, often in a way that doesn’t point is that the media won’t cover serve the public interest. every issue. Peter said one of the key problems Peter says that politicians keep is that government agencies operate in passing laws that say certain actions silos, namely non-interacting organi- are prohibited, but they don’t accom- sations or segments of organisations, pany the laws with penalties for so that information and insights are not actually taking the prohibited actions. shared. He used the example of It seems that the laws are not intended Customs to illustrate how different to work — they just give the appear- agencies are responsible for different ance that politicians are addressing the categories of imported goods, hinder- issues. ing effective enforcement. Julie

16 The Whistle, #61, January 2010

Draft Minutes of the unopposed & accordingly, Peter resumed 8. Treasurer’s Report: Feliks Perera the chair. Feliks tabled a financial statement for the Whistleblowers Australia Cynthia thanked Peter on behalf of the 12 month period ending 30 June 2009: a Annual General Meeting group, for his hard work this year, saying copy had been circulated to the attendees she was glad he was still in the saddle. before the meeting. Adelaide, South Australia Feliks explained we were in good nick: 6 December 2009 6(2). Executive positions a surplus! Thanks to members bringing The following, being the only nominees their subscriptions up to date and some 1. Meeting opened 9.15am were elected unopposed. donations, including the $4945.11 (via Meeting chaired by Peter Bennett, National Vice President: Brian Martin (and Brian) from the Fund for Intellectual president. International Director) Dissent. Brian explained it was royalty Minutes taken by Cynthia Kardell, National Junior Vice President: Jean payments accumulated over 15 years from secretary. Lennane the sale of his book Intellectual Suppres- National Treasurer: Feliks Perera. sion. When their bank started charging 2. Welcome & opening address National Secretary: Cynthia Kardell fees, Brian suggested and the others agreed Peter Bennett welcomed everyone & urged National Director: Greg McMahon. to donate the money to Whistleblowers and us all to stop thinking about Adelaide being close the account. Peter thanked Brian and a long way away. The airfares, paid in Jean said this would be her last year. She asked him to thank the Fund on behalf of advance, were not much different to those was getting too old and her ‘age and the group. to other capital cities. The venue was a 5 decrepitude’ was getting to be a problem. Feliks drew our attention to the 2008 minutes walk from historic North Adelaide; Peter thanked her for her inspiration and Victorian Conference subsidy of $1548.55, yet it was really lovely and quiet. nearly two decades of service to WBA and saying we have to prepare ourselves for on behalf of the meeting, wished her well some increase in conference costs. He 3. The attendees were Peter Bennett, in the coming years. thought it was money well spent and would Cynthia Kardell, Feliks Perera, Robina settle the SA conference costs with Shelley Cosser, Alan Basket, Bernadette Finnerty, 6(3). National Ordinary Committee and John before leaving. Peter Sandilands, Judith Merari-Lyons, Members (6 positions) Feliks noted member subscriptions were Karen Smith, Brenda Pasamonte, Stan van The following nominees, being the only down, so took the opportunity to thank and de Wiel, Brian Holden, Jean Lennane, Stan nominees were elected unopposed: Geoff welcome new SA members Julie Wilson Pezy, Shelley Pezy, Greg McMahon, Brian Turner (also Director of Communications), and Mathew Bazeley. Cynthia added Judith Martin, Jim Regan, Ted Regan, Gerry Stan van de Wiel, Shelley Pezy, Toni and Bernadette also, as they had only Dempsey, John Murray and Mathew Hoffman, Robina Cosser and Karen Smith. recently joined. Bazeley. Peter congratulated the incoming office Details of the Annual Statement of bearers and particularly newcomer, Karen Accounts are as follows. 4. Apologies were received from Geoff Smith on behalf of the meeting. He thanked Turner, Vince Neary, Bob Steele, Ross them for their work and continuing support Income Sullivan, Peter Bowden, Kim Sawyer, Toni of whistleblowers and reminded the Subscriptions: $2,742.00 Hoffman, Charmaine Kennedy, Shane meeting that John Pezy and Peter Bowden, Donations: $475.00 Carroll, Col Adkins, Lori O’Keefe, as the branch presidents of SA and NSW Fund for Intellectual Dissent donation: Catherine Crout Habel, Keith Potter, Mary respectively, were automatically on the $4945.11 Lander and SA members of parliament national committee. Public Lending Rights Agency payment for John Dawkins, Ivan Venning, Jennifer Cynthia wanted to say a special thanks book Intellectual Suppression: $59.95 Rankine, John Hill, Adrian Pederick, to Charmaine, the outgoing committee Bank interest: $1.14 Michelle Lensink, Cory Bernadi and Mick member, for flying the flag in WA for the Total Income: $8,223.20 Xenophon. first time. She hoped Charmaine would continue to help, even if informally. Expenditure 5. Previous minutes AGM 2008 Whistle production: $2,385.48 Peter Bennett referred the meeting to their 7. Position of Public Officer Return to branches: $250.00 copy of the draft minutes, which had been Feliks Perera told the Meeting that Vince Melbourne conference subsidy: $1,548.55 published in the January 2009 edition of Neary, the current Public Officer, was Travel costs to Inquiry: $264.00 The Whistle. willing to continue in the position if Annual return Dept. Fair Trading: $45.00 Peter asked if anyone would like to required. Peter asked if the meeting would Bank charges: $13.92 move that the previous minutes be accepted accept his offer. Total expenditure: $4,506.95 as a true and accurate record. Proposed: Agreed: Vince’s offer, to be accepted with Robina Cosser. Seconded: Stan van de our thanks. Excess of Income over Expenditure for Wiel. the year: $3,716.25 7(1). Business arising 5(1). Business arising: Nil. Feliks tabled an authority prepared by Balance sheet as at 30 June 2009 Vince, for submission to the NSW Dept. of 6. Election of office bearers Fair Trading, together with our annual Total accumulated fund b/fwd 1 July 2008: Peter Bennett, nominee for the position of financial statement & the required fee. He $10,109.10 national president, stood down for Brian moved a motion for the meeting to Add surplus for year ended 30 June Martin to proceed as Chair. authorise two financial members, Cynthia 2009: $3,716.25 and Peter, to sign the authority on its 6(1). Position of National President behalf. Seconded by Brian Martin. Carried. Assets (balance at bank) as at 30 June Brian explained the rules, before declaring 2009: $13,825.35 the only nominee, Peter Bennett elected

The Whistle, #61, January 2010 17

Peter called for the 2009 Statement of 9(3) New South Wales + Education updating our contact details is ongoing. He Accounts to be accepted as a true and report: Peter Bowden plans to upload some information prepared accurate statement of our accounts. Peter Bowden was unable to attend. He had by Cynthia, about available publications Proposed: Cynthia. Seconded: Stan. provided a written report, which Peter read and books, under new headings (listed to the meeting: a copy was circulated to the down the side of the webpage). Geoff also 9. Reports attendees. Peter is critical of the NSW responds to the increasing number of email government’s handling of the Gillian inquiries to the website, farming out only

Sneddon case. Gillian exposed the now those he can’t deal with to Cynthia and on 9(1) Victoria: Stan van de Wiel convicted paedophile Milton Orkopoulos occasion to others. Stan reported he receives roughly 10 calls a MP. He writes how NSW government used year: most are about personal grievances, Opposition moves to have the Gillian 9(6) International relations & not whistleblowing. Paddy Dewan the Sneddon affair investigated by parliamen- surgeon and speaker, yesterday, was the newsletter: Brian Martin tary inquiry to re-open the earlier parlia- Brian told us how most of the overseas most significant. Kim, Lori and he still mentary inquiry. The report from the first organizations aren’t like us. Some in the meet over coffee every month or so, to inquiry hadn’t got any further than the USA, UK and Canada are funded and have discuss what’s going on. He’s done some Premier’s desk. The subsequent inquiry fulltime paid staff. They only do so much. work on funding over the year, which he’d produced a set of proposals, for everyone’s For example, GAP in the USA only takes like to take up with us. Perhaps in a comment. The comments were synthesized about 1 in 20 of the cases it sees. The workshop, if we have some time. Peter said into a final report, published only last Public Concern at Work in the UK is much as grants were on the agenda, it could be month. Peter was also critical of the the same. Freedom to Care, with Geoff left until then. Stan added Mervyn still report’s findings and recommendations. It Hunt, in the UK is the only one like us. (It holds a meeting every first Sunday of the is much weaker even than the Dreyfus is now defunct.) Brian warned it might take month. I think Brenda goes, so she might report. Peter sounded pessimistic about the some time. He said in many countries want to say something. Cynthia told him goings on in government, like Iguana-gate people don’t understand the concept. Look Mervyn had resigned. and the head of Sydney Ferries, who at the different cultures. Identifying

thought his corporate card was for personal speaking out as whistleblowing started in junkets to the tune of $237,000. Jim Regan the USA. Why? It’s a highly individualistic remembered how the same government society, not so constrained by family. Italy dealt with former fellow MP Franca Arena and Spain, for example, are very different. when she blew the whistle on paedophilia Caroline Hayes, one of our members, gave in high ranks. a paper in Spain some years ago and no one Peter wrote he’d been busy spreading in the audience even understood the the word within the ranks of academic concept, but conceivably it will change philosophers and ethicists across Australia, with greater global activity. from his position of research fellow in Brian referred us to his website for an ethics at Sydney University. He listed some overview of how The Whistle was of the papers and talks he’d given, produced, because nothing had changed. including one on educational integrity at a Cynthia had suggested it could be printed conference in Wollongong. in colour. He was happy to have sugges- tions and even more happy to have contri- 9(4) Queensland: Feliks Perera butions. Feliks reported he had suffered a work injury and had been much less active this 9(7) SBS documentary on 2 December Stan van de Wiel year. He had though taken many calls, most 2009: Karen Smith of which were personal problems or 9(2) South Australia: John Pezy grievances. Fortunately Robina and Karen John said most of their year had been had been active, using their websites and involved with organizing the conference. the publicity around the SBS series to He gave us some of the background to why promote whistleblowing in education, they decided on the venue and theme. It health and the media. was Bernadette, with her union back- Karen chipped in, saying the SBS series ground, that inspired them to invite Janet caused a tremendous surge of interest in Giles from Unions SA. whistleblowing on her website, with emails The most significant whistleblower and telephone calls flying in all directions. story was still the radiation ‘underdosing’ at Royal Adelaide Hospital, which was 9(5) Communications: Geoff Turner exposed by Lotte Fog in 2008. He Geoff was unable to attend and had asked explained the power point display, at the Cynthia to report in his stead. Cynthia back of the room, had been prepared by reported he had been looking at a couple of Lotte. The five short whistleblower stories potential new web hosts, but had decided shown after Lotte’s presentation were against them. He will continue with this supplied on DVD by Screenworld. They project, this year. Other technical develop- are the producers of the three part Law & ments and improvements he’s done include Disorder series shown on SBS TV over the hiding our address (on the website) behind last three weeks and featuring, among an icon, which Geoff says has pretty much others, Karen. eliminated all the spammers. General maintenance, like removing the informa- Karen Smith tion about the Adelaide conference and

18 The Whistle, #61, January 2010

Karen described how the filming took two accepted as the WBA representative on the the rules would have to wait for another days. The dog got more walking then it had review, with Peter as back-up and support. AGM: when someone puts up a formal had for a long time, because they wanted motion to amend the relevant rule, with at things to be a certain way. The producers least one month’s notice to all members. took hours of footage, but only used a small portion. They left out bits she 10(7). Definitions: Peter Bennett wanted, but she was glad they used the Peter is concerned that we do not have an quote from Martin Luther King — the bit agreed definition for the word whistle- where her bottom lip really got a wobble blowing. He felt there should be some on. limitation: for example, some bodies limit Karen said she was glad she’d done it. it to employees and others include griev- Where before, she’d often got some pretty ances. He thought WBA shouldn’t leave it negative feedback from all sorts of people, to others. We’d look silly. Brenda & Brian this documentary seems to have put it in a Holden suggested he look up the diction- whole new context. One people seem to be ary. Brian obliged by checking his able to relate to better. She’d been over- computer’s dictionary: a person who whelmed by the response she’d got from informs on illicit activity. Jim helpfully the charity, where she does two days a suggested he could provide the definition week for the dole. Karen said she felt adopted by the 1993 Senate Inquiry ‘In the vindicated, in a way she hadn’t before. She Public Interest’. Brian read out two thanked her whistleblowing colleagues for definitions he has on his website. One, an their support and good will. act of dissent and the other a much longer effort he attributed to Bill de Maria. 10. AGENDA ITEMS Cynthia Kardell Cynthia circulated a copy of clause 3, the 10(1). Committee members’ areas of objects of our constitution and our leaflet. interest: Brian Martin 10(5). 2009 Projects review: Peter Brenda felt our objects & leaflet say it all. Brian asked for any changes to the contact Bennett Peter said disclosing information in the details and interests given on his website. Peter reviewed the projects picked by public interest almost gets you there, but it Those concerned obliged and Brian various members at the last AGM. Briefly doesn’t mention the person. Cynthia said it updated it on his laptop, on the spot. he, Cynthia, Kim, Peter Bowden & Greg is implied. She said we don’t need to tie had all made submissions to the federal ourselves to a definition: we just need to be 10(2). Preparation & circulation of a inquiry into whistleblower protection. able to persuade government & other leaflet: Brian Martin Cynthia & Peter Bowden: to the NSW bodies what they should adopt. We don’t Brian suggested we have an information inquiry. He also put one in to the federal want to have to update it, change it, amend leaflet to distribute to other organizations review of public administration. Kim had or rethink it, so as to stay ahead the and individuals. It would provide informa- penned a couple of articles for the media. legislators and policymakers. So we need tion about what you need to know before Robina & Karen had had successes, with to stick with commonly understood speaking out: being prepared, consulting & their websites. concepts: to keep it as broad as we can in considering the options, that sort of thing. He told the meeting Senator Ludwig’s the public’s interest. So we can push them Peter suggested we get the union move- office had advised the draft whistleblower to put aside their natural inclination to ment involved: to use their distribution legislation would be tabled in parliament continually limit (by definition) the catego- networks. Brian Holden, Feliks and around April next year. ries of ‘a person’ it applies to. The SA Bernadette suggested some other ways to legislation is the ticket here: it it applies to get the information out. Brian volunteered 10(6). Membership rules: Peter Bennett any ‘person’. But then SA has always to do a draft & circulate it for comment. Peter is concerned about our rules. There is managed to lead in public life. Bernadette offered to help with distri- no provision to terminate the membership Peter said all he wanted was for us to bution. of a member. Cynthia distributed a copy of vote on whether we should have one. clauses 6-8 of our constitution, which state Cynthia thought that wouldn’t be fair, 10(3). AGM 2010: Cynthia Kardell that membership continues, whether because the email discussion/committee Cynthia explained that the AGM should be financial or not, until the member either group (including her, Brian, Kim, Peter in Brisbane next year. How the April, July dies, resigns or is expelled. The rules don’t Bowden, Stan, Jean, Greg, Keith, the Pezys & October editions of The Whistle could allow unfinancial members to vote or and others) had been arguing this issue by set the pace for getting things organized. resign until the arrears are paid. Peter said email on and off for well over a year and to For example: the venue & accommodation we should remind them. Cynthia said we date, there was no consensus. Peter agreed. by early March, to publish it in the April do: every year and in between. Cynthia It was 5pm. Whistle. Then the members can make early provided some anecdotal accounts of trying arrangements for holidays around the to get members to pay the annual subscrip- 11. Close of meeting event. Feliks & Judith felt they and Greg tion. Alan suggested an amendment to Peter asked the meeting to join with him in could do it. Judith posited the advantages allow the organization to terminate an thanking Shelley and John for a very of Queensland University of Technology, unfinancial member after say 2 years. stimulating and enjoyable weekend, Feliks because it was close to the city & transport. Cynthia said the practice was three to four for handling the finances and everyone for years, because many got around to paying, their good will and humour. He wished us 10(4). Standards Australia: Peter eventually. The reasons vary: they move safe journey and looked forward to seeing Bennett/Greg McMahon house, promise to pay when they can, everyone again in Brisbane in December Greg reported Standards Australia intended forget, lose the new reminder: deaths, 2010. to review the requirements for whistle- disasters and other more important commitments. Comments flew in every blowing systems. He had asked and been direction. Cynthia advised that changing

The Whistle, #61, January 2010 19 Whistleblowers Australia contacts Credit to the media

Postal address PO Box U129, Wollongong NSW 2500 A DECORATED officer who exposed cronyism and corruption New South Wales in the police force has returned to duty after 18 months of “Caring & sharing” meetings We listen to your story, being forced to see psychiatrists despite being medically fit. provide feedback and possibly guidance for your next few Sergeant Robbie Munn said he was greeted by “a lot of steps. Held 7.00pm on the 2nd and 4th Tuesday nights of smiles, handshakes and pats on the back” by other officers each month, Presbyterian Church (Crypt), 7-A Campbell at the Maroochydore police station after battling against Street, Balmain 2041 police bureaucracy. Contact Cynthia Kardell, phone 02 9484 6895, fax 02 9481 Sgt Munn, who rebelled against a culture he said deterred 4431, [email protected]; Peter Bennett, phone 07 whistleblowers from reporting “dirty little secrets” in the 6679 3851, [email protected] service, credited an October story in The Courier-Mail with Website: http://www.whistleblowers.org.au/ restoring his career. Only days before the story ran, Sgt Munn was barred from Goulburn region contact duty but within hours of the story’s publication his doctor Rob Cumming, phone 0428 483 155. received a report clearing him for service. Wollongong contact Brian Martin, phone 02 4221 3763. “The story was the only reason I was allowed back,” he Website: http://www.bmartin.cc/dissent/ said. “I still think they want me out and will try to medically Queensland contacts Feliks Perera, phone 07 5448 8218, retire me.” [email protected]; Greg McMahon, phone 07 3378 Sgt Munn is working three days a week on a rehabilitation 7232, [email protected] programme recommended for him last year but only offered to him after the story appeared. … South Australia contact John Pezy, phone 08 8337 8912 Sgt Munn, who was in charge of 70 police officers at Tasmania Whistleblowers Tasmania contact, Isla Maroochydore, said he was smeared in the bureaucracy MacGregor, phone 03 6239 1054 after exposing that police cheated on promotion exams by

Victoria contact Stan van de Wiel, phone 0414 354 448 plagiarising and paying others to complete their work. … Police bureaucrats sat on a favourable report on his Whistle mental condition until after the newspaper article appeared. Editor: Brian Martin, [email protected] Phones 02 4221 3763, 02 4228 7860 — Tuck Thompson, “Finally back on the beat: Address: PO Box U129, Wollongong NSW 2500 handshakes all round as honest cop defeats police Associate editor: Don Eldridge bureaucracy,” The Courier-Mail, 16 November 2009, p. 10 Thanks to Cynthia Kardell and Patricia Young for proofreading

Whistleblowers Australia membership

Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia, renewable each June. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. To subscribe to The Whistle but not join WBA, the annual subscription fee is $25. The activities of Whistleblowers Australia depend entirely on voluntary work by members and supporters. We value your ideas, time, expertise and involvement. Whistleblowers Australia is funded almost entirely from membership fees, donations and bequests.

Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone 07 5448 8218, [email protected]

20 The Whistle, #61, January 2010