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HOWARD to JAIL WHISTLEBLOWERS This Was the Front Page Headline in Sydney’S Sun-Herald of 3 February 2002

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HOWARD to JAIL WHISTLEBLOWERS This Was the Front Page Headline in Sydney’S Sun-Herald of 3 February 2002 “All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The Whistle APRIL 2002 NEWSLETTER OF WHISTLEBLOWERS AUSTRALIA INC PO Box U129, Wollongong NSW 2500 HOWARD TO JAIL WHISTLEBLOWERS This was the front page headline in Sydney’s Sun-Herald of 3 February 2002. The government’s proposed legislation reveals a repressive agenda that is intensely hostile to open access to information. It also reveals how vital a role whistleblowers have to play in a society where top officials promote secrecy while mouthing platitudes about free speech. Whistleblowers Australia president Jean Lennane and national director Greg McMahon and others in the organisation have contributed mightily to opposing the proposed law. Turn the page for reports and comment. Media watch Whistleblowers face jail politicians, who receive documents Hear no evil: the stories we from public servants exposing corrupt could have missed as Libs use spy laws to or improper conduct. The proposed bill ignores the plug leaks THE PHONECARD SCANDAL recommendations of a 1991 review by By Andrew West and Brian Toohey, In late 2000, it was revealed that Peter the former chief justice, Sir Harry Sun-Herald (Sydney), 3 February Reith had given his son Paul access to Gibbs. He urged that criminal penalties 2002, p. 4 his parliamentary telephone card and be dropped for leaks, other than those bills of almost $50,000 had been run affecting national security. THE Federal Government is about to up. The revelation came from a In the Attorney-General’s second- introduce laws making it harder to Finance Department leak, which began reading speech to Parliament last year, expose political blunders and rorts. when a Telstra employee noticed the when he first tried to introduce the The tough new laws mean whistle- excessive charges. blowers could be jailed for revealing change, he presented the bill as an what the new legislation describes as attempt to foil spies such as Australian “an official record of information”. citizen Jean-Pierre Wispelaere, TRAVELGATE Journalists would have to prove arrested in the US in 1999 for tying to In 1997, Transport Minister John they had not published recklessly and sell confidential documents. Stamp was forced to resign after had tried to check that leaked material But journalists’ union federal claiming almost $9,000 in travel was “authorised”. secretary Chris Warren said: “An allowances to which he was not enti- And, in a move which will cause authorised disclosure is nothing more tled. Although he repaid the amount, grave unease among civil liberties than a stage-managed story by a politi- an attempted cover-up within the groups, the media and the legal profes- cian. The Government is using the Administrative Services Department sion, the new law will not provide for a ghosts of the September 11 tragedy to pricked the conscience of a public defence of public interest in a much revive ideas for some very bad laws, servant who leaked the details, broader range of cases. which have been dormant for several ultimately ensnaring Mr Sharp and his The Criminal Code Amendment years.” cabinet colleague, David Jull. (Espionage and Related Offences) Bill Under the changes, it would even is designed to toughen penalties for be an offence to repeat a previously EAST TIMOR LEAK spying. It increases penalties for published leak. In October 1999, a source somewhere espionage from seven to 25 years. The bill broadens dramatically the within Australia’s intelligence But it is also a threat to those who normal definition of official secrets to community leaked Defence Intelli- leak information in the public interest. include almost any official record. In a gence Organisation documents to Courts can impose a two-year jail memo, the Government concedes such Channel 9 Sunday reporter John term on people leaking — and information is “not necessarily desig- Lyons, who was then with The receiving — documents without nated with a security classification”. Bulletin. The documents not only authorisation. It would cover the occupants of revealed that the Howard Government The proposed law, to be introduced every federal, office, from the Gover- had been warned of impending vio- by Attorney- General Daryl Williams, nor-General down to a receptionist in lence in East Timor, but had even states: “A person commits an offence the Australian Sports Commission. argued against the use of peacekeepers. if the person communicates, or makes Mr Warren said the aim was to available, an official record of infor- scare public servants. “They are trying mation.” to change the culture and introduce a That could, for instance, make it an climate of fear and even paralysis so Gags go on: expose a offence to receive details of recent that no-one will ever reveal anything, scandals such as the Peter Reith phone so the public will never know.” porky, go directly to jail card affair, or even the ministerial gold The law would have applied to by Richard Ackland, Sydney Morning travel passes revealed by The Sun- documents revealing Australia’s prior Herald, 22 February 2002, p. 11 Herald last week. knowledge of the violence in East (extract) Such stories rely on leaked Timor in the days after the 1999 documents — but most people would independence ballot — leaked to […] For public servants and military consider their exposure a threat to Channel 9 Sunday reporter John types who know that a government is ministerial reputations, not national Lyons, then working for The Bulletin. making milage out of fabulous fibs security. “This is a naked assault on the there are some awful impediments to It is feared the new laws will affect public right to know, designed to the truth emerging. If the Government journalists, who are the main recipients protect politicians from the revelations gets its way there soon will be even of leaked material, and Opposition of corruption or embarrassment,” greater impediments to the exposure of Lyons said. political falsities. The old Common- PAGE 2 THE WHISTLE, APRIL 2002 wealth Crimes Act, principally a about exposing the distortions and The new anti-whistleblower laws product of security concerns emerging mischief that is the currency of their are a threat to open government and at the time of World War I, provides political masters. Such a law would open society. They could prevent jail sentences for a public servant who permit politicians to keep telling lies public servants acting in the public “communicates” sensitive or “pre- with minimum fear of contradiction interest. scribed” information. Jail terms also from those who know the truth. They could send whistleblowers can apply to those who receive this and journalists to jail without passing information. documents or collecting secrets. What the Howard Government had Letters to the editor For proposing such draconian laws, before the tail end of the previous The Australian, 8 February 2002, p. 10 Attorney-General Daryl Williams parliament, and will reintroduce soon should go directly to jail — without into the new parliament, is another THE federal Government's proposed passing this law, or collecting any piece of legislation which extends, “whistleblower” legislation is a blatant whistleblowers or journalists (or any widens and strengthens that regime. attempt to sneak through draconian get-out-of-jail-free cards). The Criminal Code Amendment restraints on freedom of speech in the Bill Fisher, North Plympton, SA (Espionage and Related Offences) Bill jittery aftermath of September 11. seeks to increase the categories of Hidden among increased penalties information that cannot be leaked in an for spying, are potential jail sentences unauthorised manner. In fact, it will for those who release and publish Truth overboard replace the espionage and official “unauthorised” information which has secret provisions of the old Crimes nothing to do with national security, Act. Governments of all political Letters to the editor There will be two-year jail terms flavours like to conduct their affairs in Sydney Morning Herald, 15 February for those communicating and those secrecy; it is the actions of whistle- 2002, p. 10 receiving “official information”. The blowers and those who publish their The saddest aspect of the false information need have nothing to do leaks that occasionally allow the public announcements about the refugee with the security or defence of the to catch a glimpse of what is being children being thrown overboard is not country. The accused need have no done in their name. that our politicians lied to us. We have intention to prejudice defence or A mood of international tension is come to expect that. security. Accused people who receive a perfect environment in which to The saddest aspect is that not one information bear the onus of proof that clobber traitors and their messengers of the senior naval officers, or the the official information was made — the media. civilian staff in the three ministries available against their wishes. There is The “burn-the-witch” jingoism that involved who knew what had hap- no public-interest defence for any of has accompanied the backlash against pened, was willing at the time to tell these offences. And just what consti- terrorism provides ample camouflage the truth to the Australian people. tutes “official information”? State- for a couple of low blows against free It would seem that there is no need sanctioned lies may qualify. speech in the fine print. for the Criminal Code Amendment Bill The Attorney-General, Daryl Whistleblowers are already which would put whistleblowers in Williams, says the Criminal Code punished — by losing their jobs or jail. Protecting their career will keep Amendment simply “strengthens and being ostracised — for making public most people quiet. restates existing provisions in the wrongdoing in government and Peter Bowden, Wahroonga Crimes Act”.
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