“All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The
Whistle JANUARY 2002 NEWSLETTER OF WHISTLEBLOWERS AUSTRALIA INC PO Box U129, Wollongong NSW 2500
“I’m only a finger-pointer now, but someday I’ll be a whistle-blower.” Some US citizens may be affronted by of an HIH collapse — performed a Editing of The Whistle what Adams wrote, but that doesn’t great public service yet were published make writing it an offence. The only at risk of punishment by defamation Dear Readers, victim is the Australian public whose laws. Many other such pieces never right to full and frank opinion, debate see light of day. and even the facts is being undermined Power over information is great The national committee of Whistle- by an encroaching culture of secrecy power indeed. As the cult of secrecy blowers Australia selected Rachael among our public institutions. spreads, more groups seek that power. Weiss to be the new editor of The Who upholds the public’s rights? The people’s right to know demands a Elected representatives. Courts. Yet united defence from those on the front Whistle. Rachael did much of the work when it comes to the public’s right to line: media groups, civic groups, lobby on this issue before feeling obliged to know, the lunatics are in charge of the groups and citizens. resign due to personal commitments. I asylum. Their desire to avoid being have completed this issue following caught out, combined with a belief in their right to rule, overrides all other the basic plan established by Rachael considerations. Our Government re- ‘Battle-weary’ police plus a number of articles supplied by fuses to tell us anything about the whistleblower about to Don Eldridge. Apologies for the delay, activities of our troops in the war on which means unfortunately that a terror, in contrast with the openness of call it a day by Luke McIlveen, The Australian, 16 number of items in this issue are out of the British and Americans. Our gov- ernment gags the navy and claims October 2001, p. 3 date. The national committee will be without substantiation that asylum- seeking a new editor, so continue to seekers are throwing children over- Four NSW police officers, called to send your contributions to PO Box board, simultaneously preventing them give evidence to a parliamentary inquiry, feared for their jobs and were U129, Wollongong NSW 2500 or to from talking to the media and thereby depriving them of their only oppor- made to feel they had “broken ranks” me at [email protected]. tunity to defend themselves against the with their colleagues. shocking accusation. Another whistleblower from the Brian Martin As Warren Beeby, chairman of the Cabramatta command in Sydney’s Australian division of the Common- southwest, Detective Sergeant Tim wealth Press Union and group editorial Priest, told the Standing Committee on manager of The Australian, pointed Parliamentary Privilege and Ethics Free speech needs to be out this week, bureaucrats quote outra- yesterday that he was “battle-weary” defended geous bills — in at least one case, $1 and about to resign. million — for processing Freedom of “When I leave here today my Editorial, The Weekend Australian, 8-9 Information requests. Other ploys such career is finished, I know that,” Ser- December 2001, p. 16 as labelling documents “commercial in geant Priest said. He added he had no confidence” or declaring them “cabinet intention of being the next Michael A column written by Phillip Adams for confidential” are cynically used to Drury, the recently retired drug squad The Weekend Australian which criti- keep the workings of government officer who was shot in his Sydney cised the US foreign policy record is secret. Some government departments home in 1984. being investigated by the Human make it a condition of funding that Four of Sergeant Priest’s col- Rights Commission for racial vilifica- lobby groups tell them if they are leagues, who told the Cabramatta tion. Following a complaint from a US planning to make media comment on inquiry in February the command was citizen, the commission is spending touchy issues. ill-equipped to fight drug gangs, taxpayers’ dollars to decide whether Newspapers can no longer publish received a directive memorandum the denizens of the land of the free pictures of MPs in parliament unless from local superintendent Frank have been vilified by our humble they are standing at the despatch box. Hansen ordering them to reveal their columnist’s assertion that Americans Suppression orders to prevent media in-camera evidence. were “mad” and the US had “always coverage of court proceedings are The present inquiry is to determine been among the most violent nations increasingly common. Judges keep whether the memorandums constitute a on earth”. aborting trials on the basis that media breach of parliamentary privilege. If a settlement can’t be reached the coverage prejudices juries despite “We were told people were not case could go to the Federal Court. evidence to the contrary. Medieval very happy about it. It seemed like we That is simply bonkers. The people of defamation laws protect the powerful had broken ranks,” Sergeant Greg the world’s strongest democracy while denying the reality that Austral- Byrne told the inquiry yesterday. His (which incidentally offers better pro- ians are smart enough to separate fact junior colleague, Constable Christo- tections for free speech than anywhere from opinion. The Walkley-award pher Laird, told how he “felt sick” else) do not need a semi-legal, semi- winning articles — by ’s when he was handed a yellow enve- government body in Australia to The Age Andrew Rule on rape allegations lope marked internal mail in the station defend them against a piece of opinion against ATSIC’s Geoff Clark and carpark the day after giving evidence. published in an Australian newspaper. The Australian’s Mark Westfield warning
PAGE 2 THE WHISTLE, JANUARY 2002 As a recipient of a memo usually two years of controversy. Ms Firebrace Raised in Carnarvon in Western reserved for corrupt police, Sergeant has been at loggerheads with her board Australia she works with Portman Iron Robert Francis said he felt “disgraced and has made allegations of corruption Ore to negotiate Indigenous Land Use and untrustworthy”. and internal mismanagement since Agreements in WA. The four officers felt they could not taking the chair in 1999. The corporation’s new director, go on at Cabramatta and brokered She has also criticised the Federal Norma Ingram, holds a masters degree transfers to other commands through Government for failing to support her in education from Harvard University the police union. in what she says is her quest for and has been prominent in indigenous Still battered by fresh allegations accountability. community organisations in NSW. last week that corruption was alive and The former Indigenous Business- well in his service, Police Commis- woman of the Year, who made her sioner Peter Ryan told the inquiry the name fighting corruption in indigenous letters were never meant as an official organisations in the 1980s, controlled a Gallery sacking directive. $50 million annual budget buying land investigated On holiday overseas at the time for dispossessed Aborigines. by Jennifer Sexton, The Australian, 28 they were issued, Mr Ryan said he She strongly attacked the board’s September 2001, p. 3. understood the memorandum to be $8 million purchase of cattle property nothing more than an informal request Roebuck Plains in Western Australia, The National Gallery of Australia is for information. In hindsight, he said, claiming it was sold 18 months previ- being investigated by health and safety “it could have been handled differ- ously for about $1.3 million. body Comcare over allegations it ently”. The service has retained the Ms Firebrace said her quest for sacked an employee who blew the services of leading silk Tom Hughes. accountability led to her axing. whistle on health and safety breaches. Sergeant Priest claimed his warn- “I think this is a very interesting The investigation is the result of a ings that gang recruitment was occur- situation as if I am actually being damning report by the Commonwealth ring at Cabramatta High School were victimised for taking the position I Ombudsman, which calls into question deliberately ignored. have taken, particularly in relation to the credibility of Comcare’s previous He also accused Cabramatta Roebuck Plains,” she said. finding that there were no immediate Detective Chief Inspector Deborah Ms Firebrace said she also found it health and safety risks relating to the Wallace of changing a probationary interesting that other board members gallery’s airconditioning system. constable’s report to play down a were reappointed without question. Comcare is a government body over- gang-related crime at the school. A recently released audit report seeing the health and safety of Inspector Wallace admitted adding dismissed her allegations of misman- commonwealth property and staff. to the report’s narrative at a later agement in relation to the Roebuck The Comcare report was the result debate [sic], but argued this was Plains sale. of the former employee complaining accepted practice when new evidence An inquiry by Andrew Rogers, QC, the airconditioning system was con- in a case came to hand. found the previous sale price of the taminated and that hydrogen peroxide, Describing as “regrettable” his property involved leasing arrange- potentially dangerous to people and decision to quit the police service after ments and was closer to $6 million artworks, was used to clean it. 20 years, Sergeant Priest was deter- than $1.3 million. The Ombudsman says aspects of mined to emphasise how little had Ms Firebrace will be replaced by Comcare’s administration are defec- changed since the Wood royal com- Shirley McPherson, a chartered ac- tive, parts of the investigation and mission into police corruption in 1995. countant as well as a director of the recordkeeping inadequate and its “These men are very senior police. Indigenous Business Network Pty Ltd policy of not investigating possible They’re not going to walk up to you and a board member of First Austral- past health and safety breaches wrong. and say ‘I’m going to destroy you or ians in Business. “In my opinion the Comcare I’m going to do this or that’. They do it Aboriginal Affairs Minister Philip investigator failed to adequately inves- three or four removed — that’s the Ruddock said the Indigenous Land tigate possible contravention of the way they operate.” Corporation played an important role OH&S (Occupational Health and in breaking the welfare dependency Safety) Act,” the Ombudsman says in cycle. his report dated September 25. It also provided a basis for Among 10 recommendations, it Corruption fighter sacked improving the economic independence directs Comcare to investigate whether by Michael Madigan, Courier-Mail, 6 of indigenous people. the gallery breached the OH&S Act in August 2001, p. 2 “I am pleased to announce these refusing early last year to rehire new appointments which are in line whistleblower and fitter-machinist The head of one of Australia’s most with the Government’s policy of Brian Cropp. powerful Aboriginal organisations bringing new talent, ideas and experi- Gallery deputy director Alan Froud claims she has been sacked for taking a ence to statutory boards,” he said. could not be contacted for comment stand against corruption. Mr Ruddock said Ms McPherson last night. The Federal Government has had extensive experience working as a replaced Indigenous Land Corporation business consultant and had been chairwoman Sharon Firebrace after employed by KPMG.
THE WHISTLE, JANUARY 2002 PAGE 3 Costly solo for The Parliament, all the attendant The lawyers say that this lawsuit is political parties (except, maybe, One the first to be filed in Canada based on whistleblower Nation) and all who care for democ- the principle of academic freedom. by Terry Sweetman, Sunday Mail racy owe him for ensuring that the Healy claims that the university (Brisbane), 21 October 2001, p. 51. provisions of the Electoral At are and its affiliated hospital, the Centre observed. for Addiction and Mental Health About the nicest thing you could say And somewhere between 75 and 98 (CAMH) contravened this principle about Terry Sharples is that he just per cent of the people (depending on and broke their contract with him (see doesn’t give up. the prevailing opinion poll figures) Nature 413, 240; 2001). One Nation would probably reserve owe him for demonstrating the inepti- The lawsuit further alleges that less kind words for the man who tude or duplicity of One Nation, which Healy, director of the North Wales demonstrated in the courts that the must have contributed to the collapse department of psychological medicine party was fraudulently registered of its support. in Bangor, was defamed as a scientist during the 1998 Queensland election. Maybe even the saner elements of and as a physician during attempts by Thanks to him, the party was One Nation owe him a debt for forcing the hospital and the university to forced to repay $500,000 in taxpayers’ the party to get its act together and to justify the decision to withdraw his job money to the Queensland Electoral behave something like a real political offer. Commission. entity rather than an aimless mob. In September 2000, Healy accepted The final act, perhaps, will be In his latest action, Mr Sharples has the post of clinical director of the played out when Pauline Hanson and pigheadedly dug himself into a hole. mood and anxiety disorders pro- David Ettridge face charges that However, the Government could gramme at the CAMH, with an resulted from his stubbornness. consider some kind of ex gratia accompanying full professorship in the The consequences so far have been payment to relieve him of the burden university’s department of psychiatry. a happy result for the commission, of his original and farsighted actions. According to the statement of particularly as it didn’t even know it Everyone who disowned Mr claim, the contract was rescinded in an had been dudded, didn’t want to know Sharpes and then sat back and watched e-mail a week after Healy gave an it had been dudded, and left Mr him tilt at windmills has prospered, but invited lecture at a November collo- Sharples to fight alone to prove a fraud he has been left to carry the can of quium at the centre. upon the public purse. legal and judicial costs. The CAMH has issued a statement Not only did the commission If this is to be the fate of a man saying that it stands by its decision, disown him, the State Government who exposed public wrongdoing, it’s which was based “solely on the needs didn’t want a bar of him and refused to not much of a lesson in civic responsi- of our patients and staff”. become involved. bility. University officials have said that After taking his case right to the [email protected] Healy would still be offered an aca- Appeal Court (and fighting it alone) he demic appointment if he obtained an was left with hefty debts. appropriate medical position in one of A lesser man (a more sensible man, the university’s affiliated teaching perhaps) would have called it quits and Psychiatrist launches hospitals. crept off to lick his financial wounds. lawsuit over ‘academic Healy told a press conference in But Mr Sharples wanted more. To Toronto on 24 September that he did cut a long story short, he went to the freedom’ not intend to profit from the lawsuit. Supreme Court again, seeking an order by David Spurgeon, Nature, Vol. 413, Instead, he said, he would use the that the Electoral Commission explain 4 October 2001, p. 444 proceeds — after costs and “immediate why it had not pursued a claim against damages” — to set up a trust fund “to One Nation for interest on the A psychiatrist who had a job offer promote academic freedom”. $500,000. withdrawn by a hospital affiliated to He was rolled in the court and the University of Toronto, after again in a little-noted ruling in the making critical comments about Appeal Court this month. psychotropic drugs such as Prozac, has Not only that, he also was ordered announced that he will sue the univer- to pay the costs for his unsuccessful sity and the hospital for damages of action. Can$9.4 million (US$6 million). There is a limit to the sympathy Lawyers acting for David Healy, of you can feel for a man who keeps the University of Wales College of banging his head against legal brick Medicine, have filed a statement of walls, but the treatment of Mr Sharples claim asking Canada’s Superior Court by the Queensland Government and of Justice in Toronto for formal recog- the Electoral commission has been nition of an academic’s right to speak little short of disgraceful. out without fear of losing his or her The Electoral Commission, at least, position or of being reprimanded. owes him for the recovery of $500,000.
PAGE 4 THE WHISTLE, JANUARY 2002 Message from the against all the rules of law that any desire to know what claim or title my man should be allowed to speak for adversary has to my cow, but whether President himself. Now in this case, I, who am the said cow were red or black; her the right owner, lie under two great horns long or short; whether the field I There’s a lot happening, as you will disadvantages: first, my lawyer, being graze her in be round or square; see elsewhere in this issue. An item of practised from his cradle in defending whether she was milked at home or particular concern is the prosecution of falsehood, is quite out of his element abroad; what diseases she is subject to, Ray Hoser for ‘contempt’ and ‘scan- when he would be an advocate for and the like; after which they consult dalizing the courts’ by Victoria’s Attorney-General Rob Hulls, who justice, which is an office unnatural he precedents, adjourn the cause from while in opposition I’m told was a always attempts with great awkward- time to time, and in ten, twenty, or noted champion of free speech. How ness, if not with ill will. The second thirty years come to an issue. things change once people are in disadvantage is that my lawyer must “It is likewise to be observed that government! But some things don’t proceed with great caution, or else he this society hath a peculiar cant and change, as you will see from the will be reprimanded by the judges, and jargon of their own, that no other following extract from Gulliver’s abhorred by his brethren, as one that mortal can understand, and wherein all Travels, first published in 1726. would lessen the practice of the law. their laws are written, which they take Having read the book many years ago, And therefore I have but two methods special care to multiply; whereby they before I knew what I know now, this to preserve my cow. The first is, to have wholly confounded the very passage didn’t particularly register gain over my adversary’s lawyer with essence of truth and falsehood, or right with me. My eldest son read it re- a double fee, who will then betray his and wrong; so that it will take thirty cently, and pointed it out. I hope you client, by insinuating that he has jus- years to decide whether the field left enjoy it as much as I did. Gulliver is in tice on his side. The second way is, for me by my ancestors for six generations the land of the Houhynyms, noble my lawyer to make my cause appear as belong to me, or to a stranger three creatures who have difficulty under- unjust as he can, by allowing the cow hundred miles off. standing his explanations of the to belong to my adversary; and this, if “In the trial of persons accused for customs of his home country it be skilfully done, will certainly crimes against the state, the method is (England): bespeak the favour of the Bench. Now, much more short and commendable: your Honour [the houhynym] is to the Judge first sends to sound the “…There was another point which a know that these Judges are persons disposition of those in power, after little perplexed him at present. I had appointed to decide all controversies of which he can easily hang or save a informed him that some of our crew property, as well as for the trial of criminal, strictly preserving all the had left their country on account of criminals, and picked out from the forms of law. being ruined by law; that I had already most dexterous lawyers, who are “Here my master [the houhynym] explained the meaning of the word; but grown old or lazy; and having been interposing, said it was a pity that he was at a loss how it should come to biased all their lives against truth and creatures endued with such prodigious pass, that the law, which was intended equity, lie under such a fatal necessity abilities of mind, as these persons, by for every man’s preservation, should of favouring fraud, perjury and oppres- the description I gave of them, must be any man’s ruin. Therefore he sion, that I have known some of them certainly be, were not rather encour- desired to be further satisfied what I refuse a large bribe from the side aged to be instructors of others in meant by law and the dispensers where justice lay, rather than injure the wisdom and knowledge. In answer to thereof, according to the present prac- faculty, by doing anything unbecoming which I assured him that in all points tice in my own country. … I assured their nature or their office. It is a out of their own trade they were [him] that law was a science in which I maxim among these lawyers, that usually the most ignorant and stupid had not much conversed, further than whatever has been done before may generation among us, the most despic- by employing advocates, in vain upon legally be done again; and therefore able in common conversation, avowed some injustices that had been done me: they take special care to record all the enemies to all knowledge and learning, however I would give him all the satis- decisions formerly made against and equally disposed to pervert the faction I was able. I said there was a common justice and the general reason general reason of mankind in every society of men among us, bred up from of mankind. These, under the name of other suject of discourse as in that of their youth in the art of proving, by precedents, they produce as authorities their own profession.” words multiplied for the purpose, that to justify the most iniquitous opinions; white is black, and black is white, and the Judges never fail of deciding Just as well Attorney-General Rob according as they are paid. To this accordingly. Hulls wasn’t around to be scandalized society all the rest of the people are “In pleading, they studiously avoid in 1726! If he had been, would we be slaves. For example, if my neighbour entering into the merits of the case, but reading Jonathan Swift’s classic satire hath a mind to my cow, he hires a are loud, violent, and tedious in today? lawyer to prove that he ought to have dwelling upon all circumstances which Jean Lennane my cow from me. I must then hire are not to the purpose. For instance, in another to defend my right, it being the case already mentioned, they never
THE WHISTLE, JANUARY 2002 PAGE 5 cally go through a sequence of events. on in their lives, because meaning has What’s the meaning of This, Alford thinks, serves as a sub- left their life and telling the sequences whistleblowing? stitute for telling a story that has an of events provides a semblance of ending and a real meaning. The prob- meaning. In short, Alford gives not the lem is that whistleblowers don’t want usual inspiring picture of heroic, pub- “Frank Whitbread is a chemist who to recognise the underlying truth, lic-spirited employees but a depressing worked for a state environmental which is that there is no justice in the picture of devastated individuals protection agency. Several times his world and that organisations operate whose careers and meaning systems boss had refused to allow him to testify on the basis of power, not morality. If have been destroyed. The title of the before a state panel investigating the they recognise this truth, then their book is Whistleblowers: Broken Lives agency’s failure to test the well water own actions become pointless. What is and Organizational Power, and of subdivisions located near sites the use of behaving morally in a world “broken lives” sums up what happens where hazardous materials had been without justice? Even when whistle- to most whistleblowers. dumped. Eventually he called up a blowers are later vindicated, it doesn’t The other part of the subtitle refers state senator and told him his story. really help. As Alford asks, “What is to organisational power, and here too Shortly thereafter Frank was fired. The the satisfaction in being right if as a Alford provides gloomy insights. The state civil service commission made consequence one has to give up organisation responds to whistleblow- his agency take him back, but he was everything one believed in?” (p. 51). ers with implacable hostility. given no work to do and an office that When whistleblowers lose their Jennifer Long of the Internal was once a janitor’s closet.” (p. 75). trust in people and organisations, they Revenue Service (IRS) testified to Sound familiar? Frank speaks out enter a new sphere of meaning, or Congress about abuses perpetrated by in the public interest and suffers fierce perhaps lack of meaning. “For some, her employer. “On Monday when she reprisals from his employer. the earth moves when they discover returned to work, said Long, every But what does it all really mean? In that people in authority routinely lie single manager was in her face with particular, what does it mean for the and that those who work for them the same refrain: ‘You’re not a team whistleblower? C. Fred Alford tackles routinely cover up. Once one knows player’. this vital question in his stimulating this, or rather once one feels this “The chairman of the Senate new book Whistleblowers: Broken knowledge in one’s bones, one lives in Finance Committee, William Roth, had Lives and Organizational Power a new world. Some people remain warned the IRS not to retaliate against (Cornell University Press, 2001). aliens in the new world forever. Maybe Long, and a year later he warned the Alford is sceptical of the heroic they like it that way. Maybe they don’t commissioner in follow-up hearings. accounts in which the courageous have a choice.” (p. 52). Two days later, on April 15, the employee brings a corrupt organisation If whistleblowing results in a loss Houston office of the IRS, where Long to account, benefiting society and of meaning, then one response is to worked, fired her, after spending a year receiving society’s gratitude. Instead, find alternative sources of meaning. documenting thirty-three alleged he has a much darker, more pessimistic The opposite to despair is paranoia, in shortcomings, including the failure to message. Nearly all whistleblowers are which everything that occurs has write neatly in her appointment book.” destroyed. They lose their jobs, their meaning, because it is seen as part of a (pp. 125-126). careers, their houses, their friends, giant plot, with the whistleblower at Senator Roth as well as the new their families. But that is not the worst the centre. Alford says that “Paranoia commissioner of the IRS were furious part. Most catastrophically, whistle- is a defense against loss of meaning” and moved to protect Long and punish blowers lose their trust in people and (p. 54). her supervisors. Alford notes that “her justice. Many others have described the supervisors must have known that they Alford is a political scientist at the devastating reprisals on whistleblow- were risking their jobs to take hers. In University of Maryland. To research ers, including ostracism, reprimands, effect, they were committing career whistleblowing, he talked to lots of forced transfers, referral to psychia- suicide. They just couldn’t stand it. whistleblowers, attended whistle- trists, assignment to menial duties, They or she had to go, and this is one blower support groups and studied dismissal and blacklisting. Alford of the rare cases in which it was they, writings on whistleblowing. The covers this ground well, but what is at least for now” (p. 126). stories he tells about individual whis- outstanding is his account of the Alford says that “The whistle- tleblowers are the same sorts of stories psychological consequences of whis- blower is a political actor in a non- that have been told many times before. tleblowing, especially loss of meaning. political world.” (p. 97). By this he But Alford brings to this material a He draws attention to what is seldom means that the whistleblower acts on different perspective, offering new said in public because it is unpalatable. the basis of values within an organisa- insights. In particular, he uses the He says that most whistleblowers tion where values have no role. Within whistleblower experience to provide would not do it again. He describes the the organisation, the main rule is to do insights into ethics and politics. inner psychological struggles of whis- what the boss wants. Anyone who For whistleblowers, the book has tleblowers, in particular the feeling that imports values into the organisation passages that will be illuminating but they had no choice but to speak out. from the outside, such as public safety, also agonising. In telling their stories, He describes their stories as “narra- fairness or honesty, is a threat to the over and over, whistleblowers typi- tives stuck in static time” (p. 44). He line of command and must be expelled. tells about their difficulty in moving
PAGE 6 THE WHISTLE, JANUARY 2002 Because of the unremitting hostility Winston Smith, protagonist of 1984, examples and insights. William De of bosses to whistleblowers, laws do and the typical treatment of whistle- Maria’s book Deadly Disclosures little to help, since ways are easily blowers. (Wakefield Press, 1999) provides an found of getting around them. In th Although Whistleblowers: Broken equally gloomy picture of whistle- US, there are hundreds of laws Lives and Organizational Power has blowing. More importantly, Alford protecting whistleblowers, but they are many insights for whistleblowers, sticks entirely to the cases of a lone little help. “At a conference on the much of it has a more intellectual whistleblower against a powerful legal protection of whistleblowers, purpose. Alford draws on the whistle- organisation and thus misses the every lawyer who spoke agreed that blower experience in order to comment insights available by studying collec- the laws do not work very well and on bodies of social theory. As well as tive struggle. Deena Weinstein in that new laws rarely help.” (p. 108). dealing with theories of organisation, Bureaucratic Opposition (Pergamon, Organisations have much more money as described above, he develops an 1979) analyses bureaucratic organisa- and much more time: $100,000 and ten explanation of whistleblower ethics tions as analogous to authoritarian years to run a case is commonplace. around the idea of “narcissism mo- political systems. Alford comes close Alford says that the law makes the ralised,” and analyses this in relation to to this in his mentions of Orwell’s “autonomous ethical individual” a number of philosophical theories of 1984. But as well as individual oppo- expendable (p. 113). ethics. The book draws on prominent sition, it is possible to have group Alford tackles the issue of organi- social theorists including Hannah opposition, such as by trade unions, sational power from several angles. In Arendt, Zygmunt Bauman and Michel action groups and social movements. a chapter titled “Organized thought- Foucault. Much of this will be far from An individual whistleblower can be lessness,” he diagnoses the bureau- easy reading for anyone not already expelled but when a group mounts a cratic organisation as a place where no familiar with the work of such think- challenge, the result is a different form one is supposed to think for them- ers. There are lots of sophisticated of political struggle in the organisation. selves. This can be called the “rule of ideas from narratology, ethics and Whistleblowers Australia could be the living dead, those who no longer organisational theory. seen as way of fostering collective exist as actors [people with willpower] Alford performs a useful task in opposition, of providing assistance and because they can no longer bear to exposing the depressing real-life contacts so that a more powerful chal- think about what they are doing. More experiences of whistleblowers and the lenge can be mounted to transgressing than a few whistleblowers talked about sordid reality behind heroic stories of organisations. Through links with their bosses and co-workers as dead, or virtuous employees winning against media, trade unions, community zombies. ‘Sometimes they just don’t evil employers. However, he idealises groups, politicians and others, there is seem human,’ said one whistleblower whistleblowers in his own way, by an increased chance of being effective. of his co-workers. ‘I think people must focussing on the most moral and justi- The lone whistleblower still usually kill a part of themselves to remain part fied individuals. He does not fully suffers in vain, but as ever more people of the system’.” (p. 119). address the phenomenon of the inad- understand the dynamics of organisa- In the final chapter, “The political vertent whistleblower who speaks out tions, there will be fewer sacrificial theory of sacrifice,” Alford gives without realising the likely conse- victims — or at least that is the hope of another gloomy perspective on organi- quences. He filters out diverse types of groups such as WBA. Alford captures sational power. He compares the individuals who contact whistleblower an important truth, but it is not the full expulsion and degradation of the groups, including those whose claims story. whistleblower with ritual sacrifice, are dubious, those who speak out to So read Whistleblowers: Broken which is a way of cleansing a group by protect themselves, those who blow the Lives and Organizational Power and symbolically putting all its sins on to a whistle anonymously and those who weep for lost innocence, but do not single individual, the scapegoat. Alford are criminals seeking the more pres- give up yet. The whistleblowing uses this idea, but with a twist. He says tigious label of whistleblower. He also experience may destroy illusions about that sacrifice of the whistleblower neglects the experienced organisational justice in the world, but there remain “serves to rechannel destructive radical who knows exactly how the other ways to create meaning, includ- individual morality that might result in system operates and who speaks out ing collective social action. the breakdown of organizational with full awareness and only after control and hierarchy. Sacrifice is suitable preparation. It is only by Brian Martin is International Director mobilized against thought in the name excluding many types of behaviour of organizational autarky [self- that Alford can come up with a of Whistleblowers Australia. sufficiency]” (p. 128). The organisa- standard picture of the conscientious Email: [email protected] tion is a transgressor, but that is employee whose illusions about justice accepted. It is the moral employee who in the world are destroyed. is a threat to the organisation and who Anyone looking for advice or must be seen to be destroyed. solutions will be disappointed. There George Orwell’s novel 1984 are no alternatives presented in the describes a totalitarian society in book and no strategies for change, just which individuality is extinguished, if analysis of the problem. necessary by torture. Alford finds Another limitation is that Alford analogies between the treatment of does not look outside the US for his
THE WHISTLE, JANUARY 2002 PAGE 7 us. Such precedents could then be matters as should be kept before the he most controversial relied upon in future legal actions used public. issue among contributors in any instance to silence the reporting We have a right to access informa- of public concerns and to remove from tion which affects our communities. T was the case of Ray Hoser. public attention any publication which Such information assists us to make WBA put out a press release, reprinted served to bring these before the public. informed decisions about our lives. We here, and Christina Schwerin puts the Raymond Hoser reports that the have the right to speak and to voice our case below. current writ calls for the following opinions and concerns and to have penalties against him. some influence in the forming of the policies and laws of our government. MEDIA RELEASE “1. That R. Hoser be jailed for 10 To know how our taxes are being used A new start for Victoria on police and years. and if they are being used in our bests legal corruption? Or more of the same? That his assets be seized. interests. Sack Chief Magistrate Michael Adams That R. Hoser and his publishing For those who are unable to accept and jail whistleblower Ray Hoser? company be liquidated. the factual reality of the use of litiga- Whistleblowers Australia (WBA) That possession of the books be made tion as a means of discrediting and played a key role in helping force the a chargeable offence. falsely jailing people who report on Royal Commission in NSW that That all of the books be confiscated matters which the government does not exposed entrenched and widespread and removed from public access.” want you, the public, to know, I refer corruption in the NSW Police Service. you to the letter from Mick Skrijel’s Long-term whistleblower Ray Hoser The seizing of assets is supposed to letter to the Prime Minister dated 6 has detailed very similar problems in apply only in such cases where the July 2001, a copy of which can be Victoria in his best-selling Victoria assets are accumulated through the accessed on the SAEBOW website at: Police Corruption books. He has also proceeds of crime. That does not apply http://www.bulliesdownunder.com/ criticised Victoria’s troubled court in the case of Mr Hoser. scroll down to CURRENT EVENTS system, some of his points being Such extreme measures, in the and click on HOT NEWS! The link echoed by chief magistrate Michael circumstances, appear to be unbeliev- will take you down to the “Speaking Adams before his departure, allegedly ably harsh. Quite astounding in view Out” forum of ‘Bullies Down Under’ forced by Attorney-General Rob Hulls. of the fact that no action has been and the letter can be accessed under In an extraordinary move, Hulls taken against the perpetrators of crime “LETTER TO THE PRIME recently issued writs against Hoser and and corruption, as reported in the same MINISTER” All that Mick reports in his publisher for contempt, alleging his books. his letter can be backed-up with books have scandalised the Victorian What kind of message does this documentary proof. courts. Hoser faces a possible jail term send to the people of Victoria? Incarceration should be reserved if this move is successful. The removal of the books from for perpetrators of crime and not used public access is a matter of major to silence and intimidate. concern. Due only to the nature of the The action appears to be unneces- matters reported therein. sary and therefore a waste of public LAW OF SILENCE Just some of the cases reported in money. The books have been on sale the books are, the Tanner murder, the for two years now and already over The Victorian Attorney-General Mr raping by police of women in a 10,000 copies have been sold. A Rob Hulls, has issued a writ for Women’s Refuge at Maryborough related action for “Defamation” was “Contempt of Court” on corruption Victoria (the police responsible were failed when brought before Justice EW author-whistleblower, Raymond merely relocated to other areas). The Gillard in April of last year. Mr Hoser Hoser. Details of the writ can be found 1977 murder of anti-drugs campaigner, reports that costs were then awarded in on the Internet at Donald Mackay, in Griffiths, NSW. favour of R. Hoser, who at the time http://www.smuggled.com/VGS1.htm. Also, the Mick Skrijel case, which is signed an agreement to the effect that Transcripts and other major documents detailed in the copy of Mick Skrijel’s he would not pursue the Hulls side for are outlined at: letter to the Prime Minister of 6 July his costs, on the condition that all and http://www.smuggled.com/Tran1.htm. 2001. (A precis of Mick’s case is any further actions against him be The writ is served on R. Hoser and his included on WBA’s Four Key Cases of dropped. Mr Hulls has now initiated publishing company Kotabi, over their National Significance brochure). this new action. books, Victoria Police Corruption and These are genuine cases, docu- Whistleblowers Australia have sent Victoria Police Corruption 2. It is mentary proof of most are held on media releases to all mainstream alleged that R. Hoser has scandalized record by Whistleblowers Australia. media sources in the state, protesting the courts in his books, by undermin- They evidence the failure of the the current action by the Victorian ing public confidence in the State’s Government, government agencies, Government against Raymond Hoser. legal system. police, and the Ombudsman, authori- To date there has been two public Whistleblowers Australia believe ties which hold the responsibility to protests against the action, on 20 July that if successful, this action will set deal with such matters, to carry out the and 13 August, respectively. Still, precedents in law which will have very duties of their office properly in the there has been no exposure of this detrimental, long-term effects for all of bests interests of the public. Such
PAGE 8 THE WHISTLE, JANUARY 2002 matter that has such wide future impact a new attitude to whistleblowers, Obviously we as an organisation, for the public in general. however unwelcome their message. and a number of our members indi- What keeps the media silent on the Attorney-General Hulls’ prosecution vidually, will want to make submis- matter? We must ask ourselves if the of Ray Hoser is unfortunately a giant sions; however the logistics of meeting action against Mr Hoser is proper use stride in precisely the wrong direction. the cut-off date of 21st September will of the law and the courts when the Victoria deserves better. be prohibitive, given that none of us initiation of this action must be hidden has yet seen the Bill, and only about a from public scrutiny. Jean Lennane, National President, quarter of our several hundred Today it is Raymond Hoser who is Whistleblowers Australia members are on email. to be silenced and his publishing I am therefore requesting an exten- company closed down. Tomorrow, it sion of the deadline for submissions, if could be any author or reporter and at all possible, by at least another three any publishing source. Stop press on Hoser case weeks. Could you also please let me This case now initiated against know by return email where the Bill is Raymond Hoser, has aspects, which The court has ruled against Ray located on the Web? and for those who should it succeed, we believe will are not on email, how they can most produce regrettable effects in the long- Hoser, fining him $5000 plus expeditiously obtain a copy of the Bill? term, for all Australians. costs. He will be appealing. Plus any other available information on the process to be followed by the Christina Schwerin Committee? We look forward to hearing from National Vice-President Ads, Sites and Updates you. Whistleblowers Australia Jean Lennane, National President, 23 August 2001 his section is devoted to notices, Whistleblowers Australia tips and directions to helpful Tsites. Email updates are open to Dear Ms Lennane all members wishing to spread the Thank you for your inquiry. The Comment by Jean Lennane word on issues of whistleblowing Public Interest Disclosure Bill 2001 is The pattern of an authority ‘shooting significance. available from the attached link: the messenger’ is all too familiar to http://search.aph.gov.au/search/ParlInf WBA from hundreds of cases all Email Updates o.ASP?action=browse&Path=Legislati around Australia. Many of these cases Subject: Public Interest Disclosure Bill on/Current+Bills+by+Title&Start=3& involve police; many others the courts. Date: Sun, 2 Sep 2001 18:16:35 +1000 gDY#top It is wildly unrealistic to expect such An observant whistleblower spotted Please note, and ask your members to areas can ever be totally free of cor- the notice for this in Saturday’s Sydney note, that: ruption; and equally clear that what is Morning Herald. No doubt it was also *the Bill relates to disclosures in the required is acceptance by the authori- in the other major dailies. Apparently Commonwealth public sector; ties that some degree of corruption is the Bill was referred to the Senate *the Bill defines employees as being inevitable, coupled with a determina- Finance and Public Administration employed under the Public Service Act tion from the top to do everything Legislation Committee on 8th August 1999 and the Parliamentary Service possible to prevent it. Victoria’s new ‘for inquiry and report by 18 April Act 1999; and police commissioner, Christine Nixon, 2002’. *submissions must address the Bill. had an honourable post-Royal Com- The secretariat’s phone number is Hard copies of the Bill will be mailed mission role in NSW, in particular in 02 6277 3530; email address below. to those who do not have Internet strengthening the NSW police whistle- Phone or email, just to let them access and who telephone the secre- blower support unit. This unit has know people are interested. tariat to request a copy (in accordance actually succeeded in making it easier with the advertisements). The closing and much less dangerous for whistle- To: [email protected] date was set with the Committee’s blowers, the life-blood of any reform From: Jean Lennane available in mind—they will be in process, to come forward. She also
THE WHISTLE, JANUARY 2002 PAGE 9 Senate Committee — “Whistleblowers’ Charter” becomes BETTER assessment of impairment Higher Education law, 1998 and consistent national guidelines. I’ve recently appeared before the http://www.eiro.eurofound.ie/1998/07/ IMPROVED treatments for commonly Senate Committee looking into Higher InBrief/uk9807137n.html occurring health conditions after an Education and you may be interested. injury. My submission to the Senate is FREEDOM to CARE submission 91 and can be found at http://www.freedomtocare.org/contents You can phone (02)9256 5444 to have http://www.aph.gov.au/senate/committ .htm#contents a copy of the Report posted, or access ee/eet_ctte/public%20uni/sub%20list.h The index has a section for ‘accounta- via the web on tm bility, ethics and whistleblowing”. http://www.racp.edu.au/afom (click on It contains details of the two whistle- Publications and title of report is blowing cases in which I’ve been PUBLIC CONCERN at WORK “Compensable Injuries and Health involved. http://www.pcaw.co.uk/ Outcomes”. The transcript of my hearing before the This organisation states that “Our Senate can be found at objects are to promote good practice This media update found by http://www.APH.gov.au/hansard/senat and compliance with the law in the Catherine Crout-Habel, SAEBOW e/commttee/comsen.htm public, private and voluntary sectors. (South Australian Employees Bullied We do this by focussing on the out of Work) then select “Employment, Workplace accountability of those in charge and Help/Information Line “Bullies Down Relations, Small Bus. & Education” the responsibility of those at work”. Under” then select “15/05/01 Melbourne” http://www.bulliesdownunder.com/ WHISTLEBLOWERS AUSTRALIA “Who are the most guilty? Those who Kim Sawyer INC Newsletter bully or those who stand by and allow Associate Professor http://www.uow.edu.au/arts/sts/bmarti it to happen?” Centre of Financial Studies n/dissent/contacts/au_wba/ University of Melbourne Bullying Protest Medical Reporter Barry Web Sites Hailstone wrote in the Adelaide Workplace bullying and abuse is Catherine Crout-Habel researches Advertiser, 29 August 2001: growing to epidemic proportions, “A landmark report on compensation severely damaging not only the person some useful sites. schemes has raised doubts about their targeted but also family, friends and impact on the health of injured people. work colleagues. “Working Towards a Bully Free The Royal Australasian College of Here in South Australia, a group Workplace” conference, Sept 26th, Physicians report issued yesterday calling themselves “Friends of 2001, Adelaide, can now be accessed shows people who seek compensation SAEBOWs” have joined forces and on: http://www.polson.com.au; click for injuries often end up in worse said, “Enough is Enough!” on Workshops/conferences and scroll health than those who do not. Their first protest, on behalf of down to Adelaide Conferences. ‘We have been concentrating too bullied workers, is the South Austral- much on the medical factors,’ said Dr ian Labour Day March, 28th Septem- BULLY ONLINE Ian Gardner, president of the college’s ber, 2001. They call upon others to http://www.successunlimited.co.uk/wh faculty of occupational medicine. meet with them in Victoria Square, istle.htm He said the study showed psycho- near Market entrance between Samuel Whistleblowing pages on the UK social factors such as the way people Way Court and Hilton Hotel, at National Workplace Bullying were treated by employers, insurers 11.45a.m. and join the march to Advice Line web site. Includes links to and doctors, too many medical assess- Parliament House. other web sites. ments, prolonged absences from work, Look for the banner…. the time taken to resolve issues and the For further details contact the CAMPAIGN for FREEDOM of adversarial nature of the system, organiser: INFORMATION worked to prolong illness. The report Paul Pledger http://www.cfoi.org.uk/whistle.html clearly showed the system would be Ph (08) 83837381 or 0419822317 This the whistleblowing section of the improved by looking at the way Fax (08) 83837391 CFoI site. medical, legal and insurance profes- Email [email protected] sionals worked with people with Change can come about through the EUROPEAN INDUSTRIAL compensable injuries. power of many, but only when the many RELATIONS OBSERVATORY come together to form the invincible - the The college’s report makes key power of one.” Bryce Courtenay Legal protection for “whistleblowers” recommendations. It suggests: takes effect BETTER consumer education. http://www.eiro.eurofound.ie/1999/07/ IMPROVED ways to “navigate” the InBrief/uk9907119n.html compensation system.
PAGE 10 THE WHISTLE, JANUARY 2002 organize for the Seattle protests told view. How many of us really love our oe Hine sends in this contribution, me: neighbor, rather than merely coexist? and asks, Is the anti-globalization “The feeling of solidarity and How often do we pass someone with a Jmovement the answer to an community among us was incredible. smile on our face, but a grudge under- epidemic of loneliness? Even though most of us were strang- neath — or at least a quiet prayer that ers, we cared and looked out for one if he stops to talk, he won’t go on too Excerpted from the book Escape another. Our aim was a non-violent long? And doesn’t this lack of love Routes by J.C. Arnold one, putting into practice the teachings contribute to alienation on a broader Read it free by email at of Gandhi and King.” social level? http://escape.plough.com When thousands of people from all How far we have fallen from our walks of life come together to share a real destiny! If only we were able to WHO WILL NOTICE WHEN vision after years of creative network- break down a few of the barriers that YOU DIE? ing, I feel great hope for the future. separate us, we might not resign By Johann Christoph Arnold Still, such hopeful signs are far too rare ourselves so quickly to the idea that to solve the epidemic of loneliness that they are an unavoidable fact of life, but Three weeks before Christmas 1993, is the curse of our society today. open our hearts to the richness that Wolfgang Dircks died while watching Surely there must be more to our human experience affords — both in television. Neighbors in his Berlin cravings than can be answered by the the sheer miracle of our individual apartment complex hardly noticed the simple presence of others around us — existence, and in the joy of meaningful absence of the 43-year-old. His rent who hasn’t felt lonely in the middle of interaction with others. continued to be paid automatically out a crowd? Kierkegaard, by way of of his bank account. Five years later, example, writes in his Journal that An outspoken social critic and award- the money ran out, and the landlord though he was often the life and soul winning author, Johann Christoph entered Dircks’s apartment to inquire. of a party, he was desperate under- Arnold’s books have sold over He found Dircks’s remains still in front neath: “Wit poured from my lips, 300,000 copies in English and have of the tube. The TV guide on his lap everyone laughed and admired me. But been translated into 18 foreign was open to December 3, the presumed I went away … and wanted to shoot languages. day of his death. Although the televi- myself.” sion set had burnt out, the lights on Such desperation is a common Dircks’s Christmas tree were still result of alienation from our true twinkling away. selves. If it seems an exaggeration, It’s a bizarre story, but it shouldn’t recall your own adolescence. How surprise us. Every year thousands of often were you insecure or lonely, people are found accidentally days or unable to measure up to all those weeks after their solitary deaths in the people who seemed to have everything affluent cities and suburbs of the — people who were smart, fit, and Western world. If a person can die in popular? And even if you were well- such isolation that his neighbours liked, what about your hypocrisy, your never notice, how lonely was he when deceit, your guilt? Who hasn’t known alive? the weight of these things? Multiply Forget about the Information Age: self-contempt a million times, and you we live in the age of loneliness. In a have the widespread alienation that world where marriage rates are dwin- marks society today. What else is it dling, middle age is synonymous with that stops strangers from acknowledg- divorce, and old age means a nursing ing each other in the street, that breeds home, people are bound to be very gossip, that keeps co-workers aloof? lonely. How many of our neighbors or What else is it that destroys the deepest colleagues do we really know as friendships, that divides the most friends? How often do we turn on the closely knit families and makes the television because we lack companion- happiest marriages grow cold? ship? We may justify the walls we throw It’s true that in the last few years up as safeguards against being used or new kinds of community have arisen mistreated. But do they really protect which we ought to take note of. One is us? If anything, they destroy us by the grassroots movement of envi- keeping us separated from others. They ronmental, human rights, and labor result in the attitude summed up by groups that converged on Seattle in Jean Paul Sartre, who said that “hell is 1999 and Quebec in 2001 to demon- other people.” strate against the undemocratic Dostoyevsky half-jokingly said that globalization agreements known as though he loved humanity, he couldn’t “free trade.” A woman who helped stand individuals. All too often, our actions unwittingly mirror exactly that
THE WHISTLE, JANUARY 2002 PAGE 11 Whistleblowers Australia: contacts New South Wales Queensland contacts: Feliks Perera, phone/fax 07 5448 “Caring & Sharing” meetings We listen to your story, 8218. Also Whistleblowers Action Group contact: Greg provide feedback and possibly guidance for your next few McMahon, 07 3378 7232 (a/h). steps. Held every Tuesday night 7:30 p.m., Presbyterian South Australian contacts: Matilda Bawden, 08 8258 Church Hall, 7-A Campbell St., Balmain 2041. General 8744 (a/h); John Pezy, 08 8337 8912 meetings held in the Church Hall on the first Sunday in the month commencing at 1:30 p.m. (or come at 12:30 p.m. for Tasmanian contact: Isla MacGregor, 03 6239 1652 lunch and discussion). Contacts: Cynthia Kardell, Victorian contacts: Anthony Quinn 03 9741 7044 or 0408 phone/fax 02 9484 6895, or messages phone 02 9810 592 163; Christina Schwerin 03 5144 3007; Mervin Vogt, 9468; fax 02 9555 6268. 03-9786 5308. Goulburn: Rob Cumming, 0428 483 155. Web site: http://www.whistleblowers.org.au Western Australian contacts: Avon Lovell, 08 9242 3999 Wollongong: Brian Martin, 02 4221 3763. (b/h); John White, 08 9382 1919 (a/h).
Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia. 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. If you want to subscribe to The Whistle but not join WBA, then the annual subscription fee is $25. Send memberships and subscriptions to Feliks Perera, National Treasurer, 1/5 Wayne Ave, Marcoola Qld 4564. Phone./Fax 07 5448 8218.
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. PAGE 12 THE WHISTLE, JANUARY 2002