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

Whistle No. 73, January 2013

Newsletter of Whistleblowers Australia

Whistleblower John Kiriakou to go to prison — see pages 9–10

Media watch

Whistleblower reveals American had a conversation with two After a week-long “witch-hunt” by doctors while she was in the room. senior students, police have been Armstrong threats According to Betsy, Armstrong drafted to investigate violent threats Sydney Morning Herald admitted then that he had been taking against so-called “moles” and whistle- 16 October 2012, p. 18 erythropoietin, testosterone, growth blowers who have been exposing the hormone, cortisone and steroids to college’s mob rule culture from within. LONDON: Lance Armstrong has been improve his cycling. accused of using intimidation and David Walsh, a journalist, became threats in a desperate bid to stop a aware of that incident via an off-the- whistleblower going public with record statement from Betsy in 2003 claims about his alleged drug use. but Armstrong quickly got word that Armstrong, who maintains his inno- she had revealed his secret. cence, has been stripped of his seven He responded by starting an intimi- Tour de France titles by the US Anti- dation campaign that lasted years. Doping Agency and banned from the First he sent Frankie, who briefly sport for life after the organisation used erythropoietin at Armstrong’s claimed he orchestrated the most urging, an email that read: “Helping to sophisticated doping program ever bring me down is not going to help seen. y’alls situation. There is a direct link to An honorary professor at the univer- But Betsy Andreu, the wife of all our success here, may I suggest you sity, Roslyn Arnold, revealed she had advised the college’s rector, Michael Armstrong’s former teammate Frankie remind her of that.” Bongers, to “put those at risk in alter- Andreu, claims to have known the When Betsy refused to sign a state- native accommodation as soon as American was doping for 16 years and ment in support of Armstrong and has had to deal with his attempts to discrediting Walsh, the Texan began a possible.” Professor Arnold, who quit the St silence her ever since. media smear campaign. John’s executive this semester, said: As rumours of drug use continued “There is a witch-hunt taking place to to swirl around Armstrong in 2008, trace all those students who have been Betsy was left a sinister voicemail brave enough to speak out against the from a friend and former business ongoing humiliation and abuse. associate of Armstrong. “The threats are serious and they are “I hope somebody breaks a baseball real. The college has a duty of care to bat over your head,” it said. “I also protect possible targets from any hope that one day you have adversity in your life and you have some type of repercussions.” tragedy that will definitely make an Fairfax Media can confirm that hotel rooms have been offered to impact on you.” several students who feel they need Betsy said of Armstrong: “If he urgent protection, or are too distressed wants you to be intimidated, he’ll be to remain on campus. It is understood the bully; if he wants you to believe other students will be approached his lie, he’ll charm the hell out of you.” about the situation over the weekend.

In the past 48 hours, fear and

paranoia have swept through St John’s “Lance waged a war against me and I College scandal: after rumours that an IT expert was fought back quietly and smartly,” she police move in called in by some students to track electronically a stream of messages told The Mail on Sunday. “Every time Eamonn Duff exchanged with media outlets. he said something untrue about me, it Sydney Morning Herald just empowered me more. The more he 10 November 2012, p. 1 Professor Arnold likened the behav- iour to what you would expect to find called me a liar, the more I was going in a faraway country under a “military to fight. No way was I going to let POLICE have been called into St John’s dictatorship.” “Who do these delin- somebody lie about me.” College at the University of Sydney quents think they are? It is hard to She was friendly with Armstrong and a hotel “safe house” organised believe that it has reached this point — thanks to her husband, who cycled on amid fears for the safety of several the same teams at various times students who have spoken out against but it has.” between 1992 and 2000. ritual abuse and widespread destruc- The threats were lodged on an iTunes forum regularly used by With her then fiance, she visited tion on campus. Armstrong as he received treatment for students. In one exchange about a first- testicular cancer in 1996 and the year female student who had spoken

2 The Whistle, #73, January 2013 publicly about her “victimisation,” one Grid Australia and the shut down bad press, among other warned: “Whoever wrote to SMH, you things. will get what you deserve bitch.” campaign to gag So how can Grid Australia get away A female student was later named outspoken farmer with its threats to sue Bruce and accused of being the one respon- Michael West Robertson? sible, with one vowing to “crucify” her Sydney Morning Herald For the past week, BusinessDay has “upside down.” Threats were also 15 November 2012 made repeated requests of Grid made to a Fairfax journalist, with one BusinessDay, p. 4 Australia’s law firm, Ashurst, to justify student stating: “I will look for you, I its action on legal and ethical grounds. will find you and I will kill you.” THE thing that really irks Bruce Requests for an explanation have been Robertson is not just that the giant ignored. Not even a “no comment” has power companies are threatening to been forthcoming. sue him but that their lawyers are Was Ashurst, one of Australia’s demanding he pay for their costs. “big six” legal firms, happy for “It was a service I never requested,” Robertson and his family to lose their quips Robertson, who has had to resort farm for the sake of making a fee? No to black humour since the letter from answer. Grid Australia arrived out of the blue As governments can’t sue for defamation, and big companies can’t last week. In the quintessential act of corporate sue either, we can only assume that Last Sunday Fairfax Media reported Ashurst has deemed Grid Australia to that Australia’s oldest Catholic college bullying, the nation’s electricity transmission giants are threatening to be a small “not-for-profit” entity with had descended into anarchy, with ritual less than 10 employees. abuse and widespread vandalism sue the corporate-analyst-turned-cattle- farmer from the mid-north coast of This highly contestable and techni- escalating. cal conclusion might allow them to A problem-plagued year started in NSW. Robertson has been a constant thorn skirt around the law — the letter of the March when a first-year female student law that is. Clearly as a front for the was rushed to hospital with a bleeding in their side this year, revealing how the industry’s “gold-plating,” rubbery power companies, the action shatters stomach after being pressured to drink the spirit of the law. But Grid Austra- a toxic cocktail containing shampoo, forecasts and rhetoric have been the main factors behind the nose-bleed rise lia’s action rests on shakier ground alcohol and dog food. It ended this than black letter law. week with the Catholic Archbishop of in power bills. Grid Australia, the peak body for It doesn’t even appear to be a legal Sydney, George Pell, asking the five entity, for a start. And it has to be a clerical fellows on St John’s governing the transmission giants, is trying to muzzle him with legal threats. legal entity to sue. body to resign. This story is not just about power According to ASIC searches, Grid The Premier, Barry O’Farrell, then companies gagging an outspoken Australia is not an incorporated body. announced plans to examine legislation Nor does it have a business name. Nor governing the college, and the univer- critic. It is about governments too. Grid Australia’s members are mostly does it seem to be an incorporated sity’s vice-chancellor, Michael Spence, association under the Associations expressed a desire for a wider review state-owned power companies. They speak for $10 billion in network assets Incorporation Act. that would modernise the university’s and they don’t like Robertson accusing The website does not list a board. four religious colleges. them of gold-plating one little bit. The contacts for Grid Australia all

Here’s the catch. Governments are appear to be Transgrid employees. And [Subsequently, all other members of not allowed to sue their citizens (this is the website was registered by a the governing body resigned, a new a good thing). Queensland Electricity Transmission board was appointed and 33 students, Nor are the other two members of Corporation, not Grid Australia. originally implicated in the events that Grid: Victoria’s SP-Ausnet, which is led a student to be hospitalised, were controlled by a Singaporean multin- barred from the college.] ational, or South Australia’s transmis-

sion provider, ElectraNet, which is a consortium of powerful financiers. Both are too big to sue. Under reforms to the defamation laws seven years ago, big companies are no longer permitted to sue (Section

9 Defamation Act, 2005). The inten- Departing from the legal aspects for a tion of these reforms was precisely to moment to deliver a layman’s stop this sort of intimidation by large observation: Grid Australia is as much vested interests. They were designed to of a secret society, controlled by state prevent large corporations from using government agencies, as it is a proper the law for commercial purposes — to

The Whistle, #73, January 2013 3 legal entity with a right to sue people defamation proceedings had been “supported the need for informed for exercising their rights to free withdrawn, he said, inviting Robertson public debate on issues of public speech. to meet and discuss the issues. interest.” And so we have a front for The defamation threat from law The move by Grid Australia to Transgrid, spending a bundle of firm Ashurst had lobbed at the threaten Mr Robertson was an ex- taxpayer dollars with a big-city law Robertson property on November 5, tremely unusual one legally, as firm, in an effort to stop a farmer from and made a suite of demands including governments are not allowed to sue having his say. And the taxpayers of that he pay the costs of the solicitor’s their citizens for defamation, nor are Victoria and other states are also letter. large companies; Grid Australia is subsidising this ethically dubious This drastic legal action — which clearly a front for state government exercise. amounted to a cabal of big government transmission companies. Already, Transgrid has spent tax- and multinational companies suing a It does not appear either that there payer money securing the services of citizen for free speech — had been was a legal basis for action, even if Sue Cato, often regarded as the most sparked by Robertson’s submission to Grid Australia were deemed to be a expensive crisis management consult- the Senate Inquiry into electricity small not-for-profit organisation with a ant in the market, to assist with its prices last month. In this, and in the right to sue. That’s because it doesn’t reputational issues. Now it has resorted press, he claimed Grid Australia was appear to be registered as a legal to lawyers. being dishonest in making out that entity. BusinessDay has endeavoured for rising “peak demand“ was to blame for Like any “black ops“ exercise the more than a week to contact the rising prices. facts are taking a while to emerge. Ashurst staff involved in the action. We have also tried the PR department. Despite repeated requests for a re- sponse there was none forthcoming. No longer true, just red, white and blue Julian Assange writes on what he sees as Australia’s failure to One man v the system: uphold truth and justice, in power industry says sorry favour of the American way. Michael West and Phillip Coorey Herald-Sun, 6 October 2012 Sydney Morning Herald 16 November 2012, p. 1 FOR over a decade now, governments around the world have been doing all IN THE morning, Bruce Robertson and they can to reduce scrutiny over the his family were facing a lawsuit from exercise of their power. Countries like six state electricity giants. By early China and Iran are rightly criticised for afternoon, they were fielding an their attempts to suppress dissenting apology. voices online. But the US, supposedly Grid Australia, the peak body repre- the land of the free, has a similarly senting the nation’s $10 billion poor track record. transmission industry, had threatened President Obama has been waging a to sue the cattle farmer for defamation. war on whistleblowers from the Oval As an outspoken critic of the power Bruce Robertson and family Office, the most obvious example companies, Robertson had exposed being the mistreatment of Bradley Robertson argued that peak demand their inflated forecasts for electricity Manning. The Obama-Biden campaign had been falling for three years and demand, and the “gold-plating,” or brags about prosecuting twice as many should not be exploited by industry as excessive spending, which has been "national security" disclosures as all the culprit for rising prices. the driving force behind the rise in previous administrations combined. The South Australian transmission electricity bills. There have also been sustained attacks group ElectraNet said it was not aware After revelations about the lawsuit on my organisation, WikiLeaks, via a of the legal action, Victoria’s SP in the Fairfax press however, an outcry financial blockade of donations, Ausnet said it had become aware of it of public support for the farmer from enforced with the support of the US on Monday and was “happy” an the mid-north coast of NSW forced an government. apology had been made. Powerlink- embarrassing back-down. Most disturbingly, WikiLeaks has Queensland said little more than it was “I’m still confused. One minute I’ve been warned by the Pentagon not to aware that Grid Australia had got a lawsuit on my hands, the next solicit service members to leak classi- “clarified its position.” minute I’ve got an apology. What’s fied information. Military personnel And the NSW Minister for Re- going on?” said Robertson. who make contact with WikiLeaks or sources and Energy, Chris Hartcher, The chairman of Grid Australia, our supporters could be charged with had nothing to say at all. A spokes- Peter McIntyre, wrote to Robertson to "communicating with the enemy," a woman for Mr Hartcher said he “sincerely apologise.” The threat of crime that carries a possible death

4 The Whistle, #73, January 2013 sentence. The Pentagon has also stated These are significant expansions of family and friends. I have been unable this month that it considers the government power without justifica- to be with them in recent moments of continued publication by WikiLeaks of tion and without any checks and family grief. classified information belonging to the balances to ensure that the rights of I want nothing more than to do my US government to be an ongoing everyday people are respected. There work in peace. I began my career as violation of the law. is no way of knowing how this or someone who understood the import- This sets a precedent: contact by future governments will use such ance of exposing corruption and wrong military whistleblowers to any media power. Australians deserve to know doing. I am now a publisher who faces organization may soon be treated with what is being done in their name. persecution for doing my job. It is the similar hostility. Technology offers us incredible duty of publishers to fearlessly publish But these attacks are not just opportunities to share information, the truth and the duty of all good directed at whistleblowers and those spread ideas and collaborate across citizens to defend their right to do so. that publish their information for the geographical divides. It has the poten- It is time for Australia to embrace a public to see. Governments in the UK, tial to shine a light on wrong-doing, different path: to reject campaigns of the US and Australia are seeking to correct injustice and empower those harassment and intimidation against extend already extreme powers of without a voice. The freedom to use publishers, journalists and whistle- surveillance so they can gather intelli- such platforms must be safely blowers. We must demand that our gence on their citizens. defended, lest it become simply a place government abandon efforts to impose Under proposed changes to national for the government to spy on its a surveillance state on its citizens. We security laws, the Australian gov- population. deserve a government that protects its ernment will force Internet service The power given to governments to citizens no matter whom they have providers to retain the internet and govern, after all, derives from the offended or embarrassed. We have the phone records of all Australians for mandate given by the people. Technol- opportunity to build a democracy that two years. Some agencies are ogy should be about empowering welcomes transparency and the more demanding even more extreme powers citizens and giving expression to the just, humane and responsive govern- to keep a full record of citizens’ inner core of our public and private ment that it brings. activities indefinitely. Such extremism political lives. This is a prospect that will in effect be the reality: the makes the powers that be very uncom- proposed laws require the creation of a fortable. nation-wide infrastructure that is capa- When an organisation like “Satisfied” whistleblower ble of intercepting all communications. WikiLeaks shows the emperor with no weighs future in the force clothes on, predictably every attempt is Megan Levy made to undermine us. The Prime Sydney Morning Herald Minister has never retracted the 13 November 2012 comment she made about WikiLeaks being based on an illegal act. By her A SENIOR detective who blew the own Governments admission, such an whistle on an alleged police cover-up accusation is unsustainable. It is untrue of sex abuse in the Catholic Church and should be retracted. said he had received threatening The Australian Government has messages on police letterhead since turned its back on one of its citizens, in speaking out on an issue that he order to avoid offending the US, and acknowledged would end his career in has repeatedly lied about its support the force. for me. Ecuador, after careful and But after Prime Minister Julia lengthy consideration of the evidence, Gillard announced a sweeping royal concluded that I had a well-founded commission into child sex abuse on Julian Assange fear of persecution and that I could not Monday, Detective Inspector Peter Fox rely on my own government to protect said he felt vindicated and satisfied Every email, every Facebook post, me. that the thousands of voices of abuse every tweet, every google search will It is bitterly disappointing that the victims would finally be heard. pass through this database and portions country that I love has abandoned my The senior investigator’s explosive will be stored and could be used organisation. WikiLeaks is an allegations on Lateline last week — against you at some point down the Australian organisation and an that the Catholic Church had covered track. Australian success story and yet the up crimes of paedophile priests and A nation wide mass interception Australian Government has done silenced police investigations in the infrastructure is a national security nothing to defend us. Quite the Newcastle-Hunter area of New South disaster waiting to happen. Of course, contrary. It has slandered us in public Wales — helped to trigger the royal the changes to the law promised at the during a time when we face significant commission, which will probe organi- last election to protect whistleblowers risks. sations ranging from church and state have fallen off the legislative agenda. For me personally, it is difficult and authorities to the Boy Scouts and in some cases impossible to see my sports groups.

The Whistle, #73, January 2013 5 Detective Inspector Fox said the “We need to get laws to stop that royal commission was a “wonderful happening and to compel those priests result”. He said the push for the that are hearing those confessions to inquiry had affected him and his say, ‘Listen; God doesn’t want this family, including his wife, who man to commit more crimes. He wants suffered a nervous break-down after me to come and tell the police to stop receiving threatening letters. him’,” Detective Inspector Fox said. He had also received an anonymous He also hit out at Sydney Arch- threatening letter with police letterhead bishop Cardinal George Pell’s claims from a “disgruntled officer” after that the royal commission was brought speaking out about the church and about by ongoing and at times one- another controversial issue in the past sided media coverage. year. “It certainly has been one-sided, because it seems to be the Church that

has been continually screaming out the Once the interview went to air, you message that ‘We don’t need a royal could tell something monumental had commission, there’s nothing going on happened, just by following Twitter. here, move along’,” Detective Inspec- The mood was poisonous. It wasn’t tor Fox said. confected outrage; it was real. Peter “We’ve had enough from that one Fox had exposed serious allegations of side, Mr Pell. Now we’re going to start a cover-up and criminality in the listening to the victims and start Catholic Church and the public were listening to their families and we’re reaching out to him. going to start doing something about Peter Fox I knew a campaign to discredit him the problem.” would start almost immediately. To Detective Inspector Fox joined A smear campaign had also been circumvent that campaign, I put out Twitter last week in his campaign for a launched against him, with rumours this tweet straight after his interview royal commission. circulating in the police force that he on Thursday evening: On Monday night he tweeted: “I was mentally unstable, Detective @suzipeep: Media peeps I would be will sleep with a smile.” Inspector Fox said. keen to know if you get any briefings

“I don’t want to go into it too discrediting DCI Peter Fox from deeply, but this is the end of my #Lateline. policing career,” Detective Inspector This was retweeted. It was a way of Fox told Lateline on Monday night. How can you protect a whistleblower? signalling to the Twitter community “I realised that from the moment that they had a role in protecting this that I decided to speak out last week. Use Twitter whistleblower. A very important role. As much as it’s denied, the culture When critics tried to discredit abuse The word got out. The next thing within the police force would never whistleblower Peter Fox, he turned was to get DCI Peter Fox to join allow someone like me to move back to social media. The anti-Fox Twitter. His son Aaron signed him up into it. campaign didn’t stand a chance, with the Twitter handle “I think the Wood Royal Commis- says Suzanne Smith. @Peter_Fox59. Peter Fox now had a sion [into police corruption in NSW] ABC, The Drum, 16 November 2012 direct way to communicate with uncovered it years ago and I’m sorry to hundreds of people, including the say that very little has changed. You BEFORE I start, an admission. I am not country’s senior journalists. He used it know, ostracisation and things of that an expert at Twitter — far from it. I to great effect. He told his followers nature continue to go on within the only really engaged with the medium that journalists were telling him that police force. about a year ago, and I still have a lot senior police were claiming he was “Don’t get me wrong, I’m not bitter to learn. “mentally ill.” with the police force. They’re a But the last week has been an extra- @Peter_Fox59: The police dirt minority, those individuals, but they ordinary revelation to me. Twitter is a campaign has already started against exist everywhere, whether it’s the powerful weapon to protect whistle- me circulating rumours I am psych police force or wherever else in society blowers like Detective Chief Inspector unstable. they may be. We will probably unfor- Peter Fox. Immediately his followers retweeted tunately never change that.” The lead-up to the interview with this tweet. The word had got out that Detective Inspector Fox said the DCI Peter Fox on Lateline was the campaign against Peter Fox had royal commission should examine extremely tense. I knew the blowback begun. aspects of the Catholic Church such as against him would be vicious. As a Every time he heard his critics confession, in which priests had been reporter, you have a duty to protect discredit him, he put it out on his known to confess to other priests their these brave people who put their Twitter account. Everyone knew, and abuse of children. careers and often their personal lives he could calmly and rationally dispel on the line.

6 The Whistle, #73, January 2013 the spin. The anti-Fox campaign didn’t of the stories was hurting the victims. Peter Fox, now have even more stand a chance. It was the 101 of spin as laid out in protection. But even more importantly were the Mark Textor’s tweet. “heavy hitters” — key people in the Like Mark Textor, there were many Twitterverse — who are also powerful other key tweeters during those heady in politics, the law and business. There days after the Peter Fox interview on No ALP pardon was a convergence of people from very #Lateline. Many of those people are for Kessing in different walks of life, from all over leaders in the community like whistleblower case the political spectrum, that had decided @toplitigator, @JoshBBornstein, Chris Merritt that Peter Fox was the “tipping point” @LindaMottram and many, many The Australian and that nothing short of a national more. Key journalists such as 9 November 2012, pp. 33–34 royal commission would do. @Colvinius and @leighsales made

their presence known by introducing THE federal government has rejected a Peter Fox to thousands of people via pardon application from convicted their Twitter accounts. Peter Fox now whistleblower Allan Kessing — the had thousands of supporters across all man Labor praised while in opposition. spheres of society. It was an avalanche Mr Kessing’s chief supporter, inde- of kindness and good will. pendent senator Nick Xenophon, said His own followers come from every the decision revealed Labor had double stratum of society. The cop who grew standards when it came to protecting up in a housing commission estate at whistleblowers in the public service. Green Valley in western Sydney sud-

denly had seriously influential and powerful people following him and urging him on. This phenomenon coincided with a concerted campaign by many victims and supporters outside social media. It was propelled by the public’s mood; they had had enough. Josh Bornstein, a prominent Melbourne Lawyer, started, with others, a petition for a national royal commission. The idea went viral and by the end of the day on Monday Mark Textor (November 12), a national royal

commission was announced. By the far the most influential, I There were many other people who believe, was @markatextor, pollster played their part; the so-called and strategist for the Liberal party. His “mummy bloggers” were very influen- many years in politics were evident in tial. In the beginning of the campaign some key tweets. In a brilliant move, on Twitter, Mia Freedman tweeted: he turned the “spin” used by the @MiaFreedman: “He was abused Catholic Church on its head, laid it by a Catholic priest aged 8. This is his bare, and destroyed any chance of that story today on Mamamia: spin working against Peter Fox. Here http://bit.ly/QuBENf @mmia Nick Xenophon is a demonstration: Throughout the next four days, Mia @markatextor: #CatholicChurch Freedman kept up the pressure with Playbook 1) don’t bring this up — it “They used him in 2007 as a poster stories and comments, adding her boy for their election campaign, and in just hurts the victims 2) it’s all in the imprimatur to the rallying cry for a 2012 they treat him like a piece of past 3) it’s an isolated incident 4) look royal commission. away garbage,” Senator Xenophon said. As Senator Nick Xenophon so @markatextor #CatholicChurch The government’s decision comes rightly said, Peter Fox’s extraordinary Playbook 5) say accusers are anti five years after the Labor Party’s testimony was the “tipping point.” The catholic 6) bully the victims 7) bully policy for the 2007 election said Mr public turned ugly and they wanted the media 9) call in favours w/ catholic Kessing had made Australia safer after media men change. The Twitterverse played a he was convicted of leaking long- major role in exposing lies and spin Ironically, anyone watching Cardi- ignored reports on criminality and lax against the key whistleblower, com- nal Pell’s press conference on Tuesday security at Sydney airport. municating any notion of that to (November 13) could see Mark That policy had cited the conviction thousands of people. Textor’s analysis in full view. Cardinal of Mr Kessing as an example of the It was awesome to watch and it Pell said the media had exaggerated “inadequate” protection for whistle- gave me hope that whistleblowers, like the problem, that the media’s coverage

The Whistle, #73, January 2013 7 blowers that would be corrected by a Clare had been advised that “as a Mr Clare’s letter says he has been Labor government. matter of public policy, it is not appro- advised by the Commonwealth Direc- “Currently, federal laws allow only priate for the royal prerogative of tor of Public Prosecutions that Mr very few protections for whistleblow- mercy to be exercised to pardon a Kessing’s lawyers were supplied with ers in very limited circumstances — person who seeks to raise a doubt the primary material on which the and even then the protection that is about his or her conviction by raising summary in the letter was based. offered is inadequate,” Labor’s policy matters that were deliberately not Mr Kessing’s barrister, Peter Lowe, says. raised, and tested, by them at trial”. had written to Mr Clare saying he “The prosecution of Alan [sic] would have sought to cross-examine Kessing — for disclosing a report Mr Lanham. detailing security failings at Sydney However, Mr Clare wrote that his airport — is a case in point. advice was that cross examination of “Although Mr Kessing’s actions Mr Lanham “would only have elicited ultimately made Australia safer, he that he had not conducted an investi- was nevertheless prosecuted and ulti- gation himself nor had anybody else in mately convicted.” the ACS and that the contents of his Justice Minister Jason Clare in- letter were based on the documents formed Mr Kessing by letter that his which the defence already had”. pardon application had failed. Mr Clare also wrote that he had “Having regard to all the relevant Mr Kessing’s assertion that he was been advised that Mr Kessing “chose information and based on the advice of innocent of the charge of which he had not to utilise the whistleblower policy the Attorney-General’s Department, I been convicted meant “the claim that in place in the [Australian Customs have decided not to recommend that the leaking of the reports was in the Service] in 2005 to raise any concerns the Governor-General grant you a public interest is irrelevant to a you may have had about the report”. pardon,” Mr Clare wrote. consideration of your moral or techni- After receiving Mr Clare’s letter, The rejection, dated September 27, cal innocence of the offence”. Mr Kessing said the assertion that is a response to an application that was Mr Clare also wrote that he had Customs had a whistleblower policy in sent to the government on October 1, been advised “that there was no 2005 needed to be explained. “As far 2009. internal [Australian Customs Service] as I know there was none — which is It has come to light one week after investigation into the alleged leak of why they said they were going to do Labor’s long-delayed bill to improve information to journalists prior to the something about it” in Labor’s pre- whistleblower protection was pre- referral of the matter to the AFP by election policy, Mr Kessing said. empted by independent MP Andrew way of the letter dated June 1, 2005.” He now believed Labor’s promise to Wilkie. “Accordingly, the defence were not improve protection for public sector If enacted, the Wilkie bill would denied access to information which whistleblowers “was entirely a PR have the effect of partly repealing the may have been gathered by an ACS exercise.” law that was used against Mr Kessing investigation because there had not “It sounded good but whether they — section 70 of the Commonwealth been an investigation,” Mr Clare ever had any intention of doing some- Crimes Act. At the time, Mr Wilkie wrote. thing I cannot say, but on the evidence said the test for any whistleblower law The June 1 letter from Customs was so far I would say it was never more was whether it would have protected not provided to Mr Kessing’s defence than window-dressing,” he said. Mr Kessing. lawyers. Its existence was not known “If they were serious in 2007 [about “This passes the Allan Kessing until it was provided to Mr Kessing the need for whistleblower reform] and test,” Mr Wilkie said. after the trial by a source inside the the legislative timetable got the better Mr Kessing, a former Customs AFP. of them, why didn’t they leap at the officer, had been convicted in May The letter refers to The Australian’s chance offered by the request for a 2007 of leaking airport security reports article of May 31 about the airport pardon. to this newspaper — a charge he security reports and then refers to “If their heart were in it, they could continues to deny. “subsequent inquiries by Customs”. have done the honourable and ethical But after that year’s federal The letter, signed by Customs inter- thing.” election, he revealed he had provided nal affairs manager Geoff Lanham, Mr Clare told Mr Kessing it was the material to a staff member working outlines the results of those inquiries. possible to have his conviction re- for Anthony Albanese, who was It concludes by saying, “it would viewed by the NSW Supreme Court. Labor’s transport spokesman when in appear from the circumstances that at A spokesman for Mr Clare said Mr opposition. least two Customs officers who had Kessing’s case had been independently Mr Clare’s letter to Mr Kessing says knowledge of the two reports in assessed through the judicial process. the involvement of Mr Albanese’s question had unlawfully provided “The Attorney-General’s Depart- office, if proved, would not establish information” to The Australian’s re- ment undertook a thorough analysis of Mr Kessing’s innocence. porters Martin Chulov and Jonathan Mr Kessing’s pardon application and But because he did not reveal the Porter. advised not to recommend that the link with Mr Albanese at his trial Mr

8 The Whistle, #73, January 2013 Governor-General grant Mr Kessing a last year are shared as widely as zations can compare with, and in some pardon,” the spokesman said. possible. circumstances be superior to law- “This decision is based upon careful My new life is now going around enforcement or regulatory agencies. consideration of material provided the world preaching about corporate Respected media outlets won’t under- including independent legal advice governance and what can be learned standably publish or broadcast any- from an experienced senior criminal from the Olympus scandal. This thing without some evidence, but the law practitioner.” month, Harvard published a case study press are very much your friend and on the Olympus scandal and my role in often it is only the bright light of it as a protagonist — this will be used publicity which ensures wrongdoing is to elucidate, for future MBA students, eventually exposed. Seven secrets just what happens when accountability 5. Becoming a whistleblower inevi- every whistleblower and governance controls break down tably means you will be on your own, needs to know completely. and prepare yourself psychologically for this. Colleagues you considered Michael Woodford friends will often distance themselves http://wsj.com, 4 December 2012 from you but don’t let this affect your

resolve. If you think you are right and I WAS president and CEO of Olympus have the evidence then you are doing Corporation when the financial scandal nothing wrong — quite the reverse. broke last year, after I had exposed a 6. Your family will be put under massive fraud of approaching $2 extreme emotional strain and this is billion which has subsequently become painful to witness, but you must known as Japan’s Enron. Less than a remain focused and determined — month after I had been forced to leave Michael Woodford remember if you know of wrongdoing the company, Olympus’s share price and then don’t report it, you become had dropped by a staggering 81.5% I care passionately about the truth, and complicit and put yourself and your compared to the day before my by sharing what happened to me, I family at risk. dismissal. In monetary terms this hope it will make the business world a 7. Never lose sight of your own represented a fall in market value of little more open and encourage moral compass — you will receive a over $7 billion, and in witnessing the individuals that if they see wrong- lot of opinions but ultimately trust meltdown of this iconic Nikkei listed doing, they should challenge it. your own judgement as in the end most company the business world was For anyone who finds themselves in of us know what is right and wrong. aghast. such a position there are seven critical

steps which I believe if followed are more likely to lead to a successful outcome: Please help defend 1. Take your time to collect as many John Kiriakou facts as you can and be as forensic in http://www.defendjohnk.com/ the process as you can — in making

any allegations, the key issue will be Dear friends and colleagues evidence. We write to ask you to join us in 2. Ensure that you obtain legal supporting, protecting and materially advice albeit from a family solicitor, helping our friend and colleague, John and ensure they have a dossier of all Kiriakou, a long-time former CIA the material you assemble. official and case officer. Incredibly, 3. When you have sufficient evi- John has been accused by the Depart- dence, in the U.S. formally report any ment of Justice of crimes under the suspected wrongdoing to the state or 1917 Espionage Act, a charge histori- federal authorities, and consider doing cally reserved for persons who likewise in other jurisdictions. This betrayed their country to foreign action will ensure, for example in the governments for money. US and UK, that you are protected by Why? The prosecutors have not statutory whistleblower protection. claimed that John talked to any foreign 4. Depending on the jurisdiction in government, passed any government which you find yourself, you may not documents or accepted funds from fully trust the authorities and the only anyone hostile to the United States. My new book, Exposure: Inside the alternative is to find a journalist(s) Instead, according to the facts asserted Olympus Scandal: How I Went From whom you can trust. It is a rule that, if in the indictment, he committed the CEO to Whistleblower, details this requested, a journalist will protect their “crime” of responding honestly to a dark experience. It is very personal to source. Furthermore, sometimes the query from the New York Times related me that the lessons from what investigative ability of media organi- happened in those difficult months of to the agency’s interrogation program

The Whistle, #73, January 2013 9 under the Bush Administration, which against a country if you don’t intend to included waterboarding. harm that country? The Justice Department’s actions The whole proceeding (and all of have created huge pressures on John these other cases) have seriously called and his family. John and Heather have into question the Obama administra- five children — the youngest less than tion’s supposed support of whistle- a year old — and face the challenge of blowers. It’s clear that was a horrible raising them while simultaneously joke played on the public when Obama fighting the people at the CIA, FBI and insisted he wanted to encourage Justice Department who are deter- whistleblowing. Before these latest mined to send John to prison. events, Bloomberg had an absolutely Friends of John Kiriakou scathing story and editorial about the administration’s abuse of power under Update from John Kiriakou the Espionage Act to beat down any Last month [October 2012] I decided whistleblowers. to plead guilty to one count of As the Government Accountability violating the Intelligence Identities In a sane society, such whistleblowing Project (GAP) notes, the tragedy in all Protection Act in exchange for the would receive a hero’s welcome, and of this is that Kiriakou goes to jail, government dropping all other charges the people involved in torture would be while the actual torturer remains free. against me. The decision to plead in jail. President Obama has said that They note that this plea lets the case be guilty was the most difficult decision waterboarding is torture, as has Attor- over, and makes sure that Kiriakou will be out of jail in 2.5 years — and of my life. I am glad to now have the ney General Eric Holder, who runs the will get to see his children grow up. certainty of being home with my Department of Justice. Given that, But the whole claim of “outing” is children in 30 months. Thank you for combined with Obama’s repeated ridiculous. your support at this difficult time for insistence that his administration must me and for my family. I wish I could encourage whistleblowing, you would thank each and every one of you indi- think that the administration, led by the “Outing” is in quotes because the vidually, as your support has meant the DOJ, would celebrate a CIA agent who charge is not that Kiriakou’s actions world to me. Knowing I had supporters exposes such practices, and seek to resulted in a public disclosure of the like you saved me at the most difficult punish those who carried them out. name, but that through a Kevin times. Bacon-style chain of causation, GITMO [Guantanamo Bay] torture victims learned the name of one of their possible torturers. Regardless, CIA torture how does outing a torturer hurt the whistleblower railroaded national security of the US? It’s like into reduced guilty plea arguing that outing a Nazi guarding a concentration camp would hurt the Mike Masnick, Techdirt national security of Germany. 23 October 2012

They further note that the CIA agent Back in April, we wrote about how the “outed,” Thomas Fletcher, was widely Obama administration, for the John Kiriakou known to reporters well before astounding sixth time, had used the Kiriakou mentioned his name to Espionage Act — which is supposed to Instead, we have the reverse. This reporters. As GAP notes: be used against spies — to bring morning, Kiriakou pled guilty, though criminal charges against a former to a much lesser charge — that of An effectively-forced plea from government employee-turned-whistle- “revealing an undercover operative’s John Kiriakou will be the tragic blower. All other presidents prior to identity.” Similar to the Drake case, bookend to the torture narrative: Obama put together had used the they found narrow grounds for a guilty Kiriakou will be going to jail, while Espionage Act in this manner three plea. The plea document and the Fletcher happily enjoys retirement times. Yes, the Obama administration associated “statement of facts” are in Vienna, Virginia, safe with pro- has doubled all previous such uses. embedded below for your horror [see tection from “the most transparent Last year, lots of attention was paid to the website for this material]. They tell administration in history.” the case of Thomas Drake, which … uh … a very one-sided view of the ended in a weak plea bargain, after story, leaving out all the pesky little Shameful. much of the government’s case fell details about torture. Kiriakou was apart. This year, the attention was on more or less forced into taking the deal this latest case, against former CIA after a judge had ridiculously ruled that agent, John Kiriakou, who blew the you didn’t have to intend to harm the whistle on how the CIA tortured US to be guilty under the Espionage people via waterboarding. Act. How is it possibly espionage

10 The Whistle, #73, January 2013 WBA conference

WBA’s annual conference was held at Leaking, an alternative sational deviance, but there is a price. the Uniting Centre, North Parramatta, Kathy Flynn Bureaucracies now know where their Sydney on 24 November 2012. There opposition is coming from, and can were eight speakers. Some of them In a democracy people need access to isolate the whistleblowers by discred- provided text of their talks, given information on political, social and iting them, not giving them access to below. For some of the others, Brian economic issues in order to judge further information and suspending Martin took notes. whether their elected officials are them from work. Generally leakers acting in the public interest. However, don’t suffer these reprisals. 9.00–9.15 Welcome, Cynthia Kardell, president, too often their elected officials evade such scrutiny and fraud and abuse go The usual fate of whistleblowers Whistleblowers Australia Before I talk about “leaking” I’d like unchecked. Most people with access to 9.15–9.55 relevant information are deterred from to make a few comments about Margaret Love, teacher, academic & leaking or whistleblowing due to whistleblowing. Whistleblowers usu- whistleblower legislative prohibitions. For example, ally suffer reprisals for their whistle- Topic: The ETC, nepotism and fraud in Australia Part VII of the Crimes Act blowing activity; they can be ostra- cised in the workplace, be demoted 9.55–10.35 (1914) restricts Commonwealth public from their position or lose their job. Kathy Flynn, researcher & writer servants from revealing confidential Topic: Leaking, an alternative information. And as the Obeid case demonstrates defamation action was Whistleblowing does not always 10.35-11.05 MORNING TEA have a bad outcome used effectively to silence critics. But this fate doesn’t happen to all 11.05–11.45 whistleblowers. Some people have Allan Asher, former Commonwealth Deciding to disclose corrupt Ombudsman behaviour blown the whistle safely whilst in Topic: Effective measures to In spite of this prohibition some people employment, or having left the job or counter corruption who come across what they believe to while in retirement.

be corrupt and illegal conduct in the Some find that their grievance about 11.45–12.25 workplace waste, corruption, fraud or Senator Christine Milne, Leader of the workplace may take it upon them- bullying is listened to by managers and Greens. selves to release relevant confidential Topic: Greens’ policies for reform. information. This is done either appropriate action is taken. In one through an open disclosure, where the example, a person I know of, who was 12.25–1.45 LUNCH being harassed in the workplace, went identity of the whistleblower is publicly known, or an unauthorised to her human resources department 1.45–2.25 with her complaint and suitable action Allan Kessing, convicted whistleblower disclosure where the identity of the Topic: Pardons and party politics leaker is not revealed. This information was taken. She did not have to leave is typically leaked to journalists and her place of employment and left at the 2.25–3.05 less frequently to activists who may be completion of her contract. In another Wendy Bacon, academic & social able to seek redress. Leaking is an case a whistleblower reported the use commentator of drugs in sport. The agency, the Topic: Obligations in journalism alternative to whistleblowing and Australian Institute of Sport, did not carries fewer risks of reprisals but 3.05–3.35 AFTERNOON TEA leakers need to be alert to pitfalls with act and she went to 4 Corners with the this practice. story, the program went to air and she 3.35–4.15 suffered no reprisals. But she had left Leigh Dayton, writer and broadcaster her employment at the Australian Topic: Mayhem in the media Institute of Sport at the time the

4.15–4.50 program went to air. In one example of Gregor Urbas, academic and writer whistleblowing that I came across Topic: how a false claims act might recently was a former Commonwealth work. Auditor-General who in retirement wrote a series of academic journal

articles on the limitations of the Margaret Love told about her experi- Australian National Audit Office to fulfil its function. In these articles he ences as a whistleblower at the Univer- sity of New South Wales. For more discussed the problem of the failure of The distinction of between government departments to implement information, see Derek Maitland’s whistleblowing and leaking the recommendations of the Audit article in The Whistle, January 2004. To draw a distinction between whistle- Office — recommendations that the

blowing and leaking — whistleblowers departments had agreed to carry out. are overt in their disclosure of organi- During his employment as Auditor

The Whistle, #73, January 2013 11 General he was not in a position to be argue that they are the interpreters of experienced and has a reputation for so outspoken. the public interest and that public maintaining confidentiality. Having said that the fate of whistle- servants are bound by rules of confi- • Leakers need to understand the blowers is usually dismal. dentiality and are not free to speak out importance of the timing of the release on corruption. As Peter Shergold, of documents. Many leakers do not The two types of leakers Secretary of the Department of Prime understand timing. And journalists for The definition of leaking is blurred; it Minister and Cabinet in the Australian their part do not understand issues. So can mean an unauthorised source government explained, leaking by some explanation needs to be given to giving information to a journalist but it public servants is “not just a criminal the journalist of the issues contained in can also mean an authorised source offence but also democratic sabotage.” documents. A lot of leakers are experts with political power and high status in their subject but poor at explaining using the media to their advantage with The practice of leaking the issue with clarity. little likelihood of being prosecuted. In One of the difficulties for a public • A leaker needs to be armed with both instances leakers are covert in servant who sees evidence of what documents in order to be believed by a their disclosure of information. The they perceive is an organisation’s journalist, unless he or she is an types of leaker discussed here are corrupt practice, and believes that experienced and reliable source. workers in the public sector who neither management nor parliament • In addition, it is best to brief the without authorisation convey official will do anything about the problem, is journalist with a clear one-page information to recipients outside of deciding what to do next. They may be summary of the key issues of the case. government. It is usually released to influenced by the rhetoric of senior the media in the public interest and bureaucrats who assert that leaking The biggest problem with passing these leakers lack positions of high undermines the trust between the documents across to the media is that status and power. The information they executive and the public service. This photocopiers tend to leave a signature provide to journalists has not been might seem a compelling argument on the copied document, which could processed by official channels and except it hides the need for information be dust or the electronic idiosyncrasies there is an undertaking by the jour- in a democracy to be freely available of the machine. So the best way to nalist that the identity of the source so there is effective decision-making photocopy documents is to use a will not be revealed. This practice by government. photocopier in an offsite facility, for provides some measure of protection Revealing problems while remain- example, in a newsagency, library or to the leaker. Journalists are the usual ing anonymous has important advanta- internet cafe. When the journalist recipients of leaked information but on ges: it reduces the risk of reprisals and receives the document request him or occasions information is leaked to allows the leaker to remain in the job her to re-photocopy the document and activists who can act as a spur to addi- and continue to collect and reveal shred the document they had received tional media coverage of the story. further information. (which is not the original). It is best to There can be a range of motives for avoid using departmental photocopiers, leaking, not all of them altruistic. fax machines, computers, email or Some leaks are vexatious in nature and telephones. not in the public interest. The protec- tion for journalists lies in checking the • If the leaker writes up an account information with many sources and of things that have been happening, it’s gauging their reliability. unwise to do it on a work computer. The boss, or computer specialists hired Where does leaking come from? by the boss, might go into the Leaks can come from a range of or- computer and access the files. It is ganisations; they may be governments, advisable to avoid using a work not-for-profit groups, corporations, computer for emails about leaked environmental groups, trade unions as But leaking does require know- documents either: they can be ac- well as churches. But here I’ll focus on ledge and skills, including how to cessed. leaks from governments. remain anonymous, how to choose • It is best for the leaker to use a recipients for disclosures and how to phone or computer on a once-only The public interest communicate information. basis. They buy a device at a shop Not surprisingly governments and where no one knows them and pay in unions will not protect leakers if they • If a leaker decides to speak to a cash, so there’s no electronic record are caught even when they are acting journalist, they must first decide which tying them to the purchase. The leaker in the public interest. But there are media outlet is most suitable for publi- uses the device for calls or emails or divergent meanings of the phrase “the cising the story, taking into account whatever — and then throws it out, far public interest.” Journalists and leakers whether it is a national or local outlet from home, with no fingerprints. define it as information that brings and the outlet’s editorial policy on the • The print media are preferable to accountability and transparency to issue. In selecting a reporter it’s television as print is better able to government and exposes maladminis- recommended to approach one who’s ensure the leaker’s anonymity. Televi- tration or corruption. Governments sion productions quite often need

12 The Whistle, #73, January 2013 shadow outs or use distorted voice — Logs and US embassy diplomatic and the original voice sometimes can When leaking is not suitable cables. The mainstream media picked be reconstructed. Television and radio If the leaker has already spoken out, up these stories on WikiLeaks and the will often do stories inspired by a print it’s too late to be anonymous. level of publicity, which ensued, story. If the leaker is easily identifiable, encouraged other leaking activists to • Some leakers, including Wiki- then trying to be anonymous may be send material to this site. The retalia- Leaks founder Julian Assange, believe futile. Maybe the leaker is the only tory action taken by the US govern- that leaking is best undertaken by one person, aside from the boss, with ment was to imprison alleged leaker person working alone who maintains access to particular documents or Bradley Manning. confidentiality. Others derive safety information. It could be that the key from working in a group, with infor- documents are compiled and written Conclusion mation being streamed through a by the leaker. In spite of inexperience or a lack of designated spokesperson. In this way Sometimes it isn’t necessary to be a professionalism in handling the media, the journalist knows the identity of leaker. It may be best to be a whistle- unauthorised leakers have worked to a only one of the leakers. Some believe blower especially if the informant has variety of goals and been successful. that with group involvement the se- resigned, found another job, written For some it is getting information into curity of the operation is compromised journal articles or a book. the public arena. For others it is to as someone in the group may drop expose government policy to wider their guard and talk openly about the Big leaks and WikiLeaks and more rigorous community debate. leaked information. Back in 1971, Daniel Ellsberg, an Some want to drive a wedge between • Leaking is unpopular with manag- employee of the Rand Corporation, the executive and the parliament by ers for it is embarrassing and can leaked a 7,000 page set of documents suggesting to politicians that they are highlight workplace incompetence, called the Pentagon Papers to The New not being well briefed by senior inefficiency and secrecy. The leaker is York Times. These papers proved that officers of their departments through left in a strong position as their identity the Johnson administration had lied the omission or cover-up of informa- is hard to uncover and they may be about the government’s involvement in tion. Others are interested in setting in able to stay in the job and leak further the Vietnam War. There were long train some form of parliamentary in- information at some stage in the future. legal delays before The Times started quiry into organisational malfeasance. • Reactions by staff members to to publish the documents. In the end For others it is to achieve more leaks can be to find the source of the the Supreme Court ruled that the substantial social or political reform leak and pass further additional infor- documents could be published. Today than any inquiry can achieve. mation to this source so it gets into the when asked whether he would have public arena. used this approach Ellsberg replied • If leakers are caught it can result that to avoid legal delays he would in the same reprisals that whistleblow- scan the documents and put them on Effective measures ers are subject to — demotion or loss the internet. Julian Assange argued that to counter corruption of employment and in fact, to find the for someone in Ellsberg’s position it Allan Asher leakers, managers may resort to tar- would be better to go to a mainstream geting innocent people and attributing outlet to get maximum publicity but [notes by Brian Martin] the leak to them. This can have the use WikiLeaks for the storage of the Cynthia gave an introduction, telling desired effect of making the leaker documents. This has the advantage, about Allan’s roles in consumer advo- come forward with an admission of Assange told The New York Times, that cacy over many years, and his guilt. the material can be verified in the same commitment, as Commonwealth Om- • There are risks in leaking. The way that an academic paper can be budsman, to dealing with the plight of identity of the leaker may be disclosed verified. asylum seekers. during the course of a parliamentary Much has changed since the incep- inquiry or by accidental disclosure, for tion of newspaper investigative jour- Whistleblowers Australia exists be- example, when a document is passed nalism. In 2006 WikiLeaks was cause of a “democratic deficit” in to a journalist by fax machine. developed as a safe house for news- Australia: decisions are made by • On the positive side leaking can worthy leaks which are of political, government that are not accountable influence government policy because it historic or ethical significance. The site through parliamentary or formal can result in some aspects of public is located on servers in Sweden, review systems (such as ombudsmen) policy being examined more thor- Belgium and the United States. It or the media. The complexity of oughly than they would in an envi- maintains its own servers, keeps no government means that ministerial ronment where policy is not subject to logs and uses military grade encryption responsibility is absent, and even when such scrutiny. to protect sources and other confiden- ministers could take responsibility, tial information. To date they have not they don’t. Consumer advocacy has Is leaking for the fainthearted? released a misattributed document. parallels with democratic advocacy: No. It’s good to have a poker face for The website has had significant access to information is vital. when managers try to find the source successes. These include the release of There are a couple of processes that of the leak. the Afghan War Logs, the Iraqi War can improve the situation. Freedom of

The Whistle, #73, January 2013 13 Information is useful, but on its own be seen in this context, as I did when I of watchdog bodies. The Whistling doesn’t go far enough. People need to was Commonwealth Ombudsman. While They Work study assumed good be able to obtain information, espe- will by agencies that participated in the cially government information. study. How can watchdog bodies be It’s possible to learn some things made accountable? from the US Constitution, for example AA Rules should allow people the the principle of checks and balances option of going to watchdog bodies or among the executive, legislature and to the media, although this has limits courts. The writers of the Constitution given the weakness of the mass media. were suspicious of government, and Too much of the focus is on individual some of that suspicion persists today in corruption, like members of the police, pushes for open government and rather than on systemic corruption, opportunities for citizens to take legal which is why watchdog bodies are not action. enough on their own. An Australian equivalent is the Trade Practices Act, which prohibits misleading and deceptive practices, in which — and this is the key — anyone Greens’ policies can make a complaint: there are no for reform legislative restrictions on “standing.” Senator Christine Milne More typical is the fate of Allan Asher Leader of the Australian Greens Commonwealth whistleblower legisla- tion, which was promised by 2010 but The absence of any central agency The Greens’ political philosophy is still there is no bill before parliament. at the Commonwealth level to deal about empowering people to take a The Dreyfus committee, back in 2008, with or even just report on matters of stand to do what is right and make a received departmental submissions all corruption is a fatal flaw. The positive and lasting contribution to oriented to watering down protection, Commonwealth is increasingly in- society. This is exactly what whistle- with the result that weak legislation volved in programme delivery, such as blowers do, and the Greens unequivo- would be worse than nothing. It would the school chaplaincy and insulation cally support their protection under be better if the draft legislation disap- programmes, but is resolved not to law. peared until there is a minister who involve any agency in collecting The Greens want a comprehensive actually cares. information. The only prospect of whistleblower scheme that gives The parallel is FOI. When it was reform is at the beginning of a confidence to those who are consider- originally passed, it had so many government’s term, when they have ing disclosing maladministration and restrictions and high costs that it was zeal — and can blame problems on the corruption that they will be legally well-nigh useless. But when FOI previous government. protected if they do come forward. supporters complained, they were told, The new ACT whistleblower law is We want a whistleblower scheme “Well, we’ve passed the law.” The a valuable template for a Common- that assures people that they will not be existence of the FOI legislation was wealth bill. My biggest fear is the the focus of investigation, but rather used to dampen efforts to improve the passing of a weak whistleblower bill at their allegations will be. The Greens situation. the Commonwealth level, in which believe a scheme that encourages a The mass media are now involved case persecution of whistleblowers is culture of proactive disclosure, which in ideological wars — for example the likely to continue. (much like Freedom of Information Murdoch press in relation to climate law) cannot be guaranteed by legisla- change — with the consequence that Question Should the press be encour- tion alone but entrenched by the there is inadequate probing of claims aged to tell good stories about asylum leadership and support of senior staff. and counter-claims on issues. Political seekers, in which Australian citizens I support the protection and em- partisanship by the media means that assist refugees? powering of whistleblowers not only issues are not examined in the sort of AA Media are not likely to be very on principles of public policy, but also way that aids the public interest. The helpful. But social media (Twitter, through my own personal experience problem could be seen in the US at the Facebook, etc.) can be highly produc- of assisting whistleblowers and seeing beginning of the global financial crisis, tive. Young people are quite respon- what benefits they have brought and in which the media were more inter- sive, and willing to engage with the will continue to bring to our society. ested in questions of regulation than facts of the matter. I despair with the The case of Alwyn Johnson and the culpability. present federal parliament’s lack of Tasmanian Bank is instructive. His The usual three arms of government courage concerning human rights, identity was revealed to the head of the are the legislature, executive (minis- aside from a few voices such as the bank and he immediately lost his job. ters) and judiciary. The fourth arm is Greens. Later, his concerns were completely the regulatory agencies such as the vindicated. His actions saved 700 jobs auditor-general. The ombudsman can Question (Greg McMahon) I’m con- and prevented the bank from collaps- cerned about the lack of accountability ing into disaster as the state banks in

14 The Whistle, #73, January 2013 South Australia and Victoria had just The Greens want an anti-corruption Their platitudes say one thing and their done. body to oversee both public officials actions another. Tasmania could never have sold the and Commonwealth agencies — a The government has pushed this off bank in 1998 for a $134 million profit commission which will be an inde- for so long that we have decided to if he had not made his public interest pendent statutory agency to investigate start applying pressure on them. disclosure. His circumstances encour- and prevent misconduct and corruption On Thursday (22 November 2012) I aged the Liberals (in opposition) to in all Commonwealth agencies, and moved a motion in the Senate that establish the Senate Inquiry that first among federal parliamentarians and called on the Government to fulfil its recommended comprehensive whistle- their staff. It would also cover investi- 2007 election commitment to the blowing laws in 1994. gating and preventing corruption in the Australian people by introducing a Australian Federal Police and the public interest disclosure bill in the Why whistleblowing and integrity Australian Crime Commission. first sitting week of 2013 to compre- bodies are both essential Our National Integrity Commission hensively protect whistleblowers. The Of all the integrity measures available bill would also establish an independ- motion passed on the voices and we in a democracy, no two methods are ent parliamentary adviser to provide look forward to the Government better at shining a light in the darkest written advice to MPs on standards, complying with this resolution of the of places than the whistleblower com- codes of conduct, entitlements, poten- Senate. bined with an independent commission tial conflicts of interests and ethical Furthermore, last month in the to investigate and reveal corruption. issues. The Integrity Commissioner Senate I moved a motion to force the One often follows the other. Turn would have extensive investigative and government to produce their legislation your mind back to Col Dillon who coercive powers for hearings and as well as all the feedback they have caused the Fitzgerald Commission, or witness. received on the draft bill from Deborah Locke and the Wood Our integrity commissioner and government agencies. This would Commission (into NSW Police); and comprehensive whistleblower protec- expose those agencies that loathe the we just witnessed another example ten tion work hand-in-hand because the proposal and have stalled it. Both the days ago when Detective Chief whistleblower’s revelations need an government and the opposition voted Inspector Peter Fox broke traditional independent forum to delve into the against the motion, so we will never investigative protocol and went public details and publicise the results. know what the public service thinks on the information he had collected on about it, and how much they succeeded sex-abuse in the Catholic Church, just in watering it down. up the Pacific Highway in Maitland. One thing we can be sure of is that While his circumstances were when the government’s bill finally different to the usual whistleblower’s arrives, it will not be Australia’s best situation because the public was practice legislation and will fall far willing and ready to move quickly on short of the ACT’s legislation which the issue, make no mistake, Mr Fox was introduced because of the Greens. was the catalyst that finally generated The ACT Greens also successfully the public momentum for a national amended it before its passage to Royal Commission that members of Christine Milne improve its functionality. parliament could no longer ignore. Based on the government’s re- While Royal Commissions are The current politics sponse to the 2009 Dreyfus Committee purpose built to meet certain objec- It is also worthwhile briefly explaining report, they do not want it to cover tives, what the federal government the politics currently surrounding MP’s staff, or for disclosures to be needs is a permanent, standing whistleblower protection. A general protected as a workplace right; they commission to investigate corruption rule is that when there is bi-partisan also do not want disclosures to third on an ongoing basis. With South agreement between the two major parties, such as journalists, unions or Australia and Victoria in the final parties on the status-quo, then nothing professional associations such as throes of establishing their commis- will ever be done about it. Whistleblowers Australia. This will sions, the Commonwealth will soon be Established interests, be they the have the practical effect of gagging a the only jurisdiction without such a Labor Party, the Coalition and those whistleblower who has gotten no body and the jurisdiction with the who stand to benefit from the current results through their internal agency weakest whistleblower protection. order of things, do not like comprehen- review and it will also provide an That is why we again reiterate the sive whistleblower protection laws incentive for an agency to do nothing need for the Parliament to immediately because they are the ones most likely about a complaint. enact a comprehensive whistleblower to be tarnished from public interest Neither party has declared their scheme and complement it by sup- disclosures. support for the Greens bill to establish porting the Greens bill, currently It follows that both the federal a National Integrity Commission, but before both Houses of Parliament that government and the opposition are neither party has declared their oppo- will establish a National Integrity scared of a truly comprehensive sition to it either — so expressing your Commission. regime to protect whistleblowers. support for our bill to your local MP might assist its passage.

The Whistle, #73, January 2013 15 ordered sections be taken out and they Parliament through its failure to act is Our proposed amendments in light withheld payment until they did. This actually helping to protect corruption of Government inaction scourge affects environmental assess- and maladministration. 1. Public sector ments and native title applications too. We, as a national parliament, and I would like to announce here that the One firm wrote to the West Australian with your assistance must implement Greens have amendments ready to fix Department after they made the both these changes early next year. the inadequate provisions in the Public requested changes, the other refused Thank you. Service Act when the bill comes before and had to forego $70,000. In the the Senate. We would prefer the private sector, whistleblowing protec- Question (Greg McMahon) In government overhaul these provisions tions should extend to contractual Queensland, the Ombudsman and with blanket legislation, but the rights to payment as well as subse- Crime and Misconduct Commission indications are that they intend to keep quent adverse treatment against each referred an issue to the other. them. Those employed under the contractors if they make a protected Greens should seek the advice of Public Service Act 1999 can only disclosure. whistleblowers who have experience. report breaches of the Code of Example 2: The HIH collapse CM Agreed Conduct, and even if they do, there is could have been avoided if such no legal immunity. They can be proposals were in place. The external Question Much of the legislation pursued in a criminal or civil court for actuaries and auditors of HIH relied so treats the symptoms; the disease is the their disclosures and those who no heavily on their business that they did culture of corruption. Transparency is longer work in the Australian public nothing when the HIH board refused to the way to treat the disease. Is there service cannot make disclosures. The heed its recommendations and deferred any focused action on reducing the Greens intend to remedy all of these to the board’s authority in fear of trend towards secrecy? flaws. upsetting the business relationship and CM It’s definitely a cultural issue, regular work. especially because the public service 2. Private sector In the absence of Government has become a ministerial service, with We also know that neither of the major action the Greens will move to ensure senior public servants on contracts parties (or independent parliamentarian public and private sector employees rather than permanent appointment. I Andrew Wilkie for that matter) are are protected when they speak out have no solution. Ways forward willing to talk about improving private against corruption and include stronger FOI laws and perma- sector protections, but the Greens are. maladministration. nent public service appointments, plus We have amendments ready to move use of social media. next week to the Fair Work Act which Conclusion covers 80% of public and private The Greens stand shoulder to shoulder Comment You and other principled sector employees in Australia. The with whistleblowers. members of parliament are helping to amendments will protect those who In this current parliament, we alone change the culture. make a public interest disclosure from have pursued the Reserve Bank of an adverse action taken against them Australia note bribing scandal that Question In your new job as leader of by their employer, fellow employees or would not have happened without the Greens, what is your agenda? contractors. We intend to make whis- those three brave whistleblowers. CM Reach out to regional Australia tleblowing a workplace right under our We alone have pursued Dave Reid’s and to businesses in the low-carbon industrial relations legislation. claim against the Australian Nuclear economy, to promote the arts, and The Greens are also committed to Science and Technology Organisation. address the meanness of spirit in improving the inadequate single clause Despite all the smearing and character Australia. in the Corporations Act so that attacks, he was eventually vindicated employees, agents and contractors with after he exposed the poor safety the private sector will to be able to controls at the Lucas Heights nuclear make protected disclosures. Following reactor. Pardons and the collapse of Enron in the US, their We alone have advocated for the party politics Congress enacted the Sarbanes-Oxley civil and political rights of Julian Allan Kessing Act to protect whistleblowers in the Assange and Wikileaks. private sector. Due to the depth and Finally, the Greens successfully [This is an edited version of text breadth of the provisions, it resulted in amended shield laws that cover supplied by Allan.] a dramatic increase in whistleblowing whistleblowers and journalists to I joined the Service, in June 1990. activity. We should do the same here. ensure it protects citizen-journalists, When I retired in 2005, from what was Example 1: It was just reported this bloggers and independent media. then known as the Australian Customs week that Twiggy Forrest’s Fortescue But this is not enough. Service, I’d enjoyed every day of my Metals Group commissioned archae- Corruption protects itself and does 15 years, contributing to something ologist firms to inspect the cultural not need any assistance, but every that I considered to have been both artefacts and connections of the Tradi- month that passes without a compre- honourable and worthwhile. I would tional Owners in the Pilbara. When hensive whistleblower law and a happily have continued for another ten Fortescue didn’t like the results, they National Integrity Commission, the years until mandatory retirement age,

16 The Whistle, #73, January 2013 doing the job I loved, had it not been bureaucracies to granting a pardon. In for family reasons. October 2012, after 13 months, Jason The Australian newspaper pub- Clare, Minster for Justice and Home lished, on 31 May 2005, what Affairs, rejected a pardon with a letter purported to be extracts from Intelli- of astonishing vapidity. gence Strategy reports which I’d researched and written between 2002– The Labor Party, in its 2007 manifesto, 2004, describing security flaws and strongly condemned my prosecution criminal activity at Sydney airport. and conviction and promised to intro- There followed a week-long series of duce comprehensive protection for articles, by a team of at least seven whistleblowers acting in the public reporters, each of whom had a interest. The Rudd government, as particular focus and their own, very promised, set up the Dreyfus commit- diverse, sources, re baggage handlers, tee to reform the disclosure laws. After security staff, theft and corruption. 18 months of deafening silence it These reports had been suppressed produced a perfect example of biparti- by Customs management for almost san blancmange, a risible set of three years for the most banal of Allan Kessing procedures that would make even more reasons — cost to the privatised airport unlikely the chance of exposing mal- corporation of compliance with the In April 2007 I was convicted of feasance. requirements of the Customs Act. The breaching s70, para (ii) of the Crimes When finally presented in February licence to operate a port is granted by Act, which prohibits unauthorised 2009, it disappeared without trace, a the Commonwealth conditionally and disclosure by retired officers of infor- non-event changing nothing, and was can be withdrawn if these requirements mation acquired during their service. deservedly buried. In March 2010 then are not met. (No s16/17 licence has An appeal against my conviction was Attorney-General McClelland prom- ever been revoked.) dismissed a week before Christmas ised that the government would present Government action, at least in the 2008. I sought special leave to appeal a whistleblower protection bill to form of damage containment, swiftly to the High Court but when this was Parliament “before the end of the year” followed. Within a week, Prime due to be heard my barrister was unav- but it still hasn’t happened. Minister John Howard announced that ailable on a week’s notice. I was still A month ago Andrew Wilkie put Sir John Wheeler, a British expert, obliged to pay his bill for preparation forward his proposals for a Private would conduct an inquiry into the of the case. I was unable to lodge Member’s bill but within hours it was matter. His report, published a couple another application, having spent my spurned by Jason Clare as “weak and of months later, confirmed what I’d entire superannuation payout. inadequate.” Clare proclaimed that the demonstrated years before. Howard At a press conference arranged by government would do a better one. promised $200m to address the Senator Nick Xenophon in Parliament Sometime. problems identified, twice. House on 6 September 2009, I re- Whether the situation has been vealed that I had, in April 2005, made rectified is a moot point. Ex-colleagues the reports available to then Shadow mention a couple of spiffy new titles Transport Minister, Anthony Albanese. for senior staff but nothing else. As Transport Minister and Leader of However, rather than ascertain why the House of Representatives Albanese the reports had been buried by apparat- has never said a word publicly about chiks, to the detriment of the public, our meeting. As there was no further the government searched for someone alternative, I sought the exercise of the to blame for the political embarrass- Royal Prerogative of Mercy, generally ment caused, a classic case of “shoot known as a pardon, in November 2009. the messenger rather than deal with the Senator Xenophon, who has been a problem.” stalwart supporter, by tireless repre- With an enraged government sentation throughout 2010 and the demanding a scapegoat, the Chief early part of 2011 finally received a Officer of Internal Affairs referred the letter from Brendan O’Connor, then matter to the Australian Federal Police Home Affairs Minister for the on 1 June 2005. Customs had been Attorney General’s department in July. It outlined why the government was aware of the reports having been Franz Kafka leaked to various media outlets in early not persuaded of the merits of my request and invited a response. May but Internal Affairs had been The term Kafkaesque is often, wrongly unable to identify anyone with a case I responded in August, providing copious refutation of the obfuscating in my view, used to mean a malevolent to answer. state. In fact Franz Kafka’s novels and irrelevant objections of the Australian Federal Police and Customs actually portray a lumbering, uncaring, unthinking, machine not necessarily

The Whistle, #73, January 2013 17 evil but inhuman. Investigations is the norm. The lesson we were meant The operation continued for at least acquire their own momentum and, to take from this was that if you six months, according to sworn state- irrationally, the longer it takes to find confront those in power you will come ments by some of the officers which nothing, the more desperate func- off worst. were included in the Brief of Evidence. tionaries became to justify wasted After graduation, in my first posting In reality it went on a lot longer but, as effort. It does not look good to devote at Port Botany, then our major the days turned into weeks and hundreds of hours, and extraordinary shipping complex which was meant to months, yielded no information of any resources, without result. Any outcome be the epitome of efficiency and kind and was never mentioned at trial. is better than none. shedding of the bad old ways of the In the years I spent in various roles, Harbour wharves, it was clear that Over the next 15 months the Crown on the wharves, at Sydney airport, there was no change once out on those asked for, and received, 8 adjourn- intelligence research and analysis and searing, concrete docks. ments. Each time a magistrate would finally as a covert officer, I was aware An officer there had been so ask why the answer was the same — of a dark side of life that would horrify harassed, and investigated, over his “to gather evidence.” In the event and sicken the general public, as it did allegation of entrenched corruption in nothing was found after the raids but me. It has been said that one should the clearance of cargo that he suffered each delay required representation. It never watch sausages or legislation a nervous breakdown. All his allega- seemed to be simply a strategy to cost being made. I would extend that tions were subsequently shown to be me as much as possible in the hope caution to law enforcement as it is true, accurate and documented. Senior that I’d give up. By the time trial practised daily. officers were allowed to retire on full began, the issue had long been forgot- The early retirement for “health pensions but the officer who had ten by the public; the media dogs had reasons” of police, and other officers, suffered so much received no apology barked and the government caravan engaged in protecting the community, or recognition. moved on. should be a matter of public concern. One of the baleful results of knowing The persecution began by phone My mother had lived in that street for more than one would wish of the tapping, mine, my mother’s, other over half a century and all her neigh- unpleasant side of life is that it is family members and friends as well as bours looked out for her, especially her impossible to discuss it with anyone trawling through my computer records, Greek widow friends, after my father except colleagues. There is no point including overseas travel going back to died six years earlier. The obvious blighting someone else’s day. 1983! presence of the agents provoked much discussion in the street. I would often One of the first lessons trainee officers wave to them as I left the house to go are given is that there are local rules. shopping and exchange mum’s library This meant that each area of Customs books. had its own ways of doing things that The sole reason that I had retired were not as required by legislation. was to care for her in the final stages Before I had finished training, on my of acute myeloid leukaemia, She died, first posting to the wharf at White Bay, in her own bed as she wished, at the I was confronted by routine theft of end of July, just short of her 82nd bonded goods, that is under Customs birthday. control. Allan travelling in 1983 I suppose that I should have been It was treated as a general perk for thankful for this ineptitude as it meant all involved. Truckies, wharfies, Cus- From day one, two agents would be that my mother was not scared to death toms officers and agents all considered sitting in a car, from 6 or 7am until by the raids that took place on 6 it as the price of keeping the system, in darkness fell, watching my mother’s September 2005, both there and at my general, running smoothly. Otherwise house where I was living at the time. bush shack in the Blue Mountains. it would grind to a halt. The mechanics of surveillance require Both places were unoccupied at the Instead of telling trainees to remain that one officer follows the target on time. true to our oath of office and enforce foot whilst the other remains in the the law, it was constantly drummed vehicle, mobile and in contact with It must also be acknowledged that into us that if you stick your head up base. This meant at least two sets of disclosure of confidential information and denounce corruption, you will be officers per day. for base political reasons is a tactic of the one targeted by your fellow Senator Xenophon asked about the government. During the Wilkie affair, officers and, if you persist, by Internal cost of this operation. Customs refused in order to damage his credibility, Affairs, charged under the iniquitous to provide a guestimate and the being unable to counter his claims, s70. We were even given examples of Australian Federal Police suggested someone in government supplied officers who had ignored this tradition approximately $160,000. A figure this Andrew Bolt with a strategic analysis and were subsequently crucified by low seems unlikely, even were the from the Office of National Assess- Customs management. agents on the minimum wage, never ments, where Wilkie had worked. This This is the greatest sin of all in any mind overtime. enabled Bolt to write, apparently with large organisation. Kiss up, kick down impunity in his Melbourne newspaper,

18 The Whistle, #73, January 2013 “I have read the only secret report Wendy referring her students to The Question (John Millard) What is Wilkie has ever written and it is devoid Whistle for information about whistle- your advice to whistleblowers to make of value …” blowing — and finding that much of journalists more receptive? The Australian Federal Police even- the material in The Whistle is stories WB You need “points to stand on,” tually lurched into action to investigate from the media. such as new evidence for the Roseanne this leak of a top secret document from The days of the old media are gone. Catt case. Bringing in a huge pile of Australia’s principle national security Today the social media are a key part documents is not a good approach. organisation. A year or so later they of the picture. She looked on Twitter Having a timeline of what happened is were unable to establish the source of for the latest information on whistle- really helpful. For a journalist, it’s the leak, despite reporting that the only blowing, and was taken to a Guardian good to have a half-day debriefing copy of the document unaccounted for letter from Desmond Tutu and two session to get the story told the way at the time, had been signed out to other Nobel Prize winners in support the person wants it told. The key is a Foreign Minister Alexander Downer. of military whistleblower Bradley clear narrative, and a timeline is There are many other examples of Manning. The letter emphasised the valuable for this. The aim is to get to protected leaks and dirty tricks not critical importance of whistleblowers the point of saying “There is a story.” being prosecuted when it is not in the in public debate. government interest. It’s possible to be more effective Question Is it enough for a journalist using Twitter, using it 5 to 20 minutes to deal only with allegations? Question Could you say something per day, for anyone from their 20s to WB Journalists have to be aware of the about your experiences with the court 60s. risk of defamation, as statements have and its shortcomings? The case of police whistleblower to be proved. If the statements are AK The first judge made withering Peter Fox is a classic, and illustrates a made in court or parliament, they can comments about the Crown’s case. dilemma for journalists. On radio, be more readily reported. Shortly after, he was replaced. The Fox’s comments were followed by subsequent judge never questioned the those of police commissioner Scipione, Question (Greg McMahon) Do issues Crown’s case. which were not challenged. A jour- break into the national consciousness nalist should be checking out the because of an accumulation of claims, but resources are limited and problems? the level of competition is greater. WB This is an excellent point. Every Media’s role in Susie Smith, a journalist, exposed step contributes. Stories are a building discovering corruption: tactics used to discredit Fox, and process. Peter Fox and many others strengths and limitations helped Fox to develop his own Twitter pushed the issue of paedophilia for Wendy Bacon operations. years before media made it into a Professor of Journalism Wendy described the Roseanne Catt national story. University of Technology, Sydney case at some length. Wendy is working on two cases at the moment. She can’t say anything about them, because as soon as Mayhem in the media anything is said publicly, all doors will Leigh Dayton, writer and broadcaster close. Mainstream media space for news is shrinking, an assessment based on comparing stories in the Sydney Morning Herald in different decades. The thing that’s being left out is wrap- up of stories. Re exposure of corrup- tion: we need independent voices beyond the management of major parties, such as Lee Rhiannon, Andrew Wilkie, Nick Xenophon and, in an earlier time, John Hatton. Wendy Bacon There is a lot of potential for using social media and online databases. One [notes by Brian Martin] possibility is putting Whistle stories Leigh Dayton The media and whistleblowing are into a database. Another is putting inextricably linked: they have a material on Crickey, Global Mail, New [notes by Brian Martin] common interest in exposing informa- Matilda and other independent media: Leigh worked at The Australian for tion and seeking accountability. Also, mainstream media don’t like being over 10 years, with fantastic opportu- the media can tell the stories of beaten to stories. nities for all sorts of science reporting. whistleblowers. The link between the In 2008, with the global financial media and whistleblowing is shown by

The Whistle, #73, January 2013 19 crisis, everything changed. The edito- (“the opposition”) would be covering, How a false claims act rial line of the newspaper changed to avoid being beaten to a story. from “honest and conservative” to After leaving the paper, one of her might work extremely right-wing and willing to freelance jobs was with the Australian Gregor Urbas blend news and editorial. Leigh Academy of Science, ghostwriting Australian National University suggests this was to attract advertising opinion pieces for prominent scientists. dollars from wealthy sectors such as At least it was putting out credible [notes by Brian Martin] the resources industry. Her life material. What is the relationship between changed. Due to her straight stance on In summary, the ecology of the whistleblowing and reward? Many issues like climate change, she fell out newsroom is changing with the rise of whistleblowers pay a large price in of favor with senior editors. public relations, reliance on wire terms of career, financial cost and In 2011–2012, Rupert Murdoch services, and editorial shifts, with much else. started having troubles with the phone media organisations talking to par- The US False Claims Act allows a hacking scandal at his newspaper News ticular audiences. Radio gets its ideas citizen to sue on behalf of the gov- of the World. There was a restructuring from newspapers, so the problems ernment and have a financial stake in across News Limited, except in Aus- facing the print media impact on radio. the proceedings: 15 to 30 percent of tralia where the operations remain In whistleblowing, the question is the recovered monies. integrated. Leigh lost her job in this where to go. WBA can direct whistle- In an Australian Research Council process in September 2012, along with blowers to suitable journalists and funded project, Tom Faunce and hundreds of others. Most took volun- forms of social media. Gregor are examining the operation of tary redundancies; Leigh was one of In Australia, the media are highly the US False Claims Act and how it the few forced redundancies. Televi- concentrated. News Limited is domi- might be applied in Australia. sion stations are also cutting staff. The nant and its main competitor, Fairfax, process is happening worldwide. is collapsing. An example is the There’s a change in the sort of pursuit of Julia Gillard’s past, asking stories that are covered. There are questions without providing any in- fewer journalists doing more work formation. Why has so much effort across different platforms (print, been put into this issue when radioac- online). (The same week Leigh lost her tive hazards at Lucas Heights receive job, Deborah Smith, a prominent minimal coverage? The answer is the science journalist, left the Sydney changes in news organisations. Morning Herald.) There are few That newsrooms are in crisis is a specialist journalists outside politics, problem for democracy. People are not business and sports. In contrast, re- being properly informed. search worldwide has shown for decades that the public rates coverage Question What about The Australian of health, environment and science as going online and requiring people to Gregor Urbas their highest preferences, with sports pay? down the list and politics and business LD People have to pay for printed Question (Greg McMahon) Isn’t one last. newspapers, so it’s reasonable that difference between the US and Journalists are at the bottom of the people pay for online access. The Australia the recognition in the US that office hierarchy. Readers also get short problem is with paywalls that don’t corruption can be systemic? shrift. When Leigh couldn’t find the work. GU I’m not sure that you have to online extras accompanying one of her accept systemic government corruption stories — at the office — she asked an Question After two election cam- occurs for a False Claims Act to be editor how readers would find them. paigns in the US, why do so many applicable, because the act applies to The reply: “They’ll have to learn.” people still believe Obama was born claims made against the government After being told there would be no outside the country? by companies. job cuts at The Australian, people LD The US has the best democracy began vanishing from the office: no money can buy! Question (Leigh Dayton) Do you longer being present. Newspapers rely have any sense of how politicians will increasingly on wire services — which Question Would it be possible to cre- respond? themselves are suffering job cuts. This ate an alternative online news source GU They are ambivalent. Politicians is heaven for public relations profes- using formerly employed journalists? might see recognition of the existence sionals, because harried journalists LD It would be difficult financially. of corruption as a reflection on them. often crank out stories based on press There’s limited advertising for online releases with little scrutiny. They just news, especially start-ups. Question (Feliks Perera) How much summarise a scientific article without money could be recovered in getting opinions from outside experts. Australia? A lot of her time was taken up GU We don’t know, but it is worth figuring out what the competing media trying to see.

20 The Whistle, #73, January 2013 WBA AGM

Whistleblowers Australia Junior Vice President: Robina Cosser After the discussions we had at the Treasurer: Feliks Perera last annual general meeting in Novem- Annual General Meeting Secretary: Jeannie Berger ber 2011, we now have an amount of 25 November 2012 National Director: Greg McMahon $20,000 invested with the National North Parramatta, Sydney NSW Bank. We are also holding adequate 5(3) Ordinary committee members (6 funds to meet the day-to-day expendi- 1. Meeting opened at 9.15am positions) ture. At 30 June 2012, the association Meeting opened by Cynthia Kardell, Because there were no other nominees, had no outstanding creditors or President the following were declared elected. debtors. Minutes taken by Brian Martin, acting Again, I would like to call on the for the secretary Jeannie Berger Geoff Turner existing membership to introduce at Toni Hoffman least one more person into the 2. Attendees: Cynthia Kardell, Feliks Katrina McLean membership fold in this coming year. Perera, Robina Cosser, Bob Steele, Margaret Love It is important that we tell the public at Geoff Turner, Stacey Higgins, Lisa Lisa Hamilton large about our organisation, and the Hamilton, Ross Sullivan, John Murray, Stacey Higgins support and help we give whistleblow- Greg McMahon, Karl Pelechowski, ers. Our strength in the coming years Margaret Love, Sarolta Boda, David 6. Public Officer comes from our numbers, and the Forster, Alan Smith, Ken Smith, Yve Margaret Banas has agreed to remain dedication of our membership. I hope De Brit, Brian Martin, Michael Cole, the public officer. Cynthia thanked the next financial year will be a more Jane Longhurst, Gerry Dempsey, Margaret for her work over the past promising year, with a lot of achieve- Lesley Killen; one name withheld year. ments for our members.

3. Apologies: John Pezy, Shelley Pezy, 7. Treasurer’s Report: Feliks Perera Debbie Locke, Jeannie Berger, Toni Hoffman, Olga Parkes, Katrina 7(1) Feliks tabled a financial statement McLean, John White, Karen Willing, for 12-month period ending 30 June Jim Page, Tom Lonsdale, Phil Vardy, 2012. A motion was put forward to Ivan Ransom, Graham Schorer accept the financial statement. Moved: Greg McMahon 4. Previous Minutes, AGM 2011 Seconded: Robina Cosser Cynthia Kardell referred to copies of Passed. the draft minutes, published in the

January 2012 edition of The Whistle. Feliks’ report Cynthia invited a motion that the WBA cash reserves Once again, it is my pleasure to present minutes be accepted as a true and to you the accounts for the financial ANNUAL ACCOUNTS TO YEAR accurate record of the 2011 AGM. year ended to 30 June 2012. ENDING 30 JUNE 2012 Proposed: Greg McMahon Our accounts show that we have an Seconded: Feliks Perera expenditure over income of $364.95 INCOME Passed for the year. Bulk of our expenditure SUBSCRIPTIONS, $3,175.00

has been spent in the production of The DONATIONS, $686.27 4(1). Business arising (nil) Whistle and subsidising the conference BANK INTEREST, $0.88 expenses. The expenses incurred dur- TOTAL, $3,862.15 5. Election of office bearers ing this financial year have benefited the membership, and I am sure that EXPENDITURE WHISTLE PRODUCTION COSTS, $2,077.28 5(1) Position of president your committee will continue to follow Cynthia Kardell, nominee for position WEB DOMAIN COSTS, $26.27 this trend. The costs for the annual DEPARTMENT OF FAIR TRADING, $49.00 of national president, stood down for conference keep rising, and it is only Brian Martin to act as chair. Because TRAINING CONFERENCE, $626.00 appropriate that these costs are SUBSIDY FOR 2011 SYDNEY there were no other nominees, Cynthia subsidised, enabling more members to CONFERENCE, $1,193.70 was declared elected. attend and take part in the delibera- RETURN TO BRANCHES: NSW RENT, tions. $250.00 5(2) Other office bearer positions Our finances are in a very good PAYPAL CHARGES, $4.85 (Cynthia resumed the chair.) position, and the membership numbers TOTAL, $4,227.10

The following, being the only nomi- are slowly picking up. Donations from nees, were declared elected. EXCESS OF EXPENDITURE OVER INCOME, members during this financial year $364.95 amounted to $686.27. Vice President: Brian Martin ------

The Whistle, #73, January 2013 21 year: public pressure has forced BALANCE SHEET, 30 JUNE 2012 governments to initiate commissions of inquiry, which look like being ACCUMULATED FUND BROUGHT FORWARD subsumed into a federal royal commis- FROM 2011, $25,291.91 sion, which is predicted to run for 1–2 LESS EXCESS OF EXPENDITURE OVER INCOME FOR 2011/2012, ($364.95) years. The good news is that our TOTAL, $24,926.96 society has come to realise that our public institutions do tend to cover-up BALANCE AT NATIONAL BANK AT 30 crime under threat of exposure, and JUNE RECONCILED, $4,326.96 they want something done about it. FIXED DEPOSIT INVESTMENT, $20,000.00 DEPOSIT FOR 2012 SYDNEY CONFERENCE, Conference This year’s conference was $600.00 the best yet. So thanks to Feliks Perera, TOTAL, $24,926.96 for handling the bookings; Jeannie

Interest on the fixed deposit will be Berger for the name badges; Lisa recorded when the deposit matures and Hamilton for the meeting and greeting; interest due is credited to our account. Margaret Love for her presentation; Robina Cosser, Stacey Higgins and 7(2) Form 12A for submission to the Geoff Turner for putting news of the Department of Fair Trading and conference up on the web; Lisa lodgement fee. Hamilton and Robert Spence, for Cynthia Kardell presenting their stories today; and

Brian and Anna Salleh for their The meeting nominated Feliks to sign Whistleblower protection The Greens performances on clarinet (Brian) and Form 12A for submission to the were responsible for the repeal of the voice and guitar (Anna). It wouldn’t Department of Fair Trading, together ACT whistleblower Act. The new act have happened or been the success it with the lodgement fee. will come into effect in February 2013. was without you all. Moved: Stacey Higgins It is generally considered to be the best

Seconded: Robina Cosser to date, because (for example) an Passed employer has to “ensure” protection, it “must” investigate, it “must” keep the 8. Reports whistleblower informed and it allows the whistleblower to seek an order Cynthia Kardell, President restraining the employer from sacking Inquiries have been steady over the him or her. year, with more of them coming from Andrew Wilkie, whistleblower and the private sector and more coming to Independent MP, has tabled a private us before they blow the whistle. member’s bill in the federal parliament There’s been an increase in calls from to protect whistleblowers. It will be Western Australia, for example from interesting to see whether either of the an executive of a private health major parties will be brave enough to provider about false claims being made let it pass. AJ Brown, Griffith Univer- on Medicare (Google Ashton Foley). sity, had a large part in the drafting it, Committee members Katrina McLean as with the ACT legislation. I’ll be and Margaret Love have started taking attending a roundtable discussion on calls, too. the bill in Canberra on 30 November

Media I have done interviews for False Claims act Andrew Lawrence, television and local radio, depending senior lawyer and project leader at the on what is going on. Katrina has also federal Attorney General’s Office, is Anna Salleh, done two for ABC radio in the ACT. I inquiring into the feasibility of legis- who performed at the WBA conference suspect Brian still gets some calls. lating a ‘qui tam’ or false claims act. I Robina too, gets requests, in relation to have been in touch with him and we the Queensland teachers’ issues. Toni will be involved in whatever way we Geoff Turner, Communications Hoffman represented us at Griffith can. Geoff continues to maintain and University in Brisbane at the launch of update the WBA website and handle the world’s first online whistleblower Cover-ups by the Reserve Bank of incoming inquiries. Despite the clear survey, being run by researchers Australia note printing companies (two information on the website about what Suelette Dreyfus and AJ Brown. of them), the Australian Nuclear WBA is and can do, quite a few Science and Technology Organisation enquiries arrive from non-whistle- and the Catholic Church have figured blowers, and some of these people prominently in the media again this become upset when we say we won’t

22 The Whistle, #73, January 2013 run their cases for them. Every now Suggestions are welcome for managing and then there is an email from an the site. I know where I stand actual whistleblower. Lotte Fog Brian Martin, international matters and The Whistle Lotte Fog blew the whistle on radio- Brian circulated information about therapy underdosing at Royal Adelaide Ethi-call, a free telephone service Hospital. She told her story (under the provided by the St James Ethics Centre pseudonym Geraldine Macdonald) in to help people deal with dilemmas at the April 2009 issue of The Whistle, home or work — including whether where a poem of hers was published. and how to speak out in the public This is the last of six poems Lotte interest. wrote during the period of her whistle- Brian is working on the second blowing. She can be contacted at edition of The Whistleblower’s [email protected]. Handbook, which will be available free online and via print-on-demand. I never expected Brian encouraged members to to be in a place submit stories for publication in The Whistle. Cynthia suggested writing where while at work letters to the editor. completely un- deniably Greg McMahon, Queensland I witnessed a wrong Greg discussed the Heiner affair, Extract from WBA’s Facebook page matters concerning the Brisbane flood, It took some time disclosures and dismissals at the 9. Agenda items and motions University of Queensland, a review of David Forster tabled a motion: for me to see the Queensland Crime and Misconduct “Whistleblowers Australia requests the how wrong it was Commission, and the “Whistling while Australian Labor Party at its annual surrounded by they work” study. federal conference to call upon The my colleagues who Honourable Jason Clare MP, Minister chose differently Robina Cosser, Schools contact for Justice, to reverse his decision to Robina discussed her website refuse to grant a pardon and to be to look away http://www.theteachersareblowingtheir compensated for his losses, under the protect themselves whistles.com/, highlighting the number Royal Prerogative of Mercy, to Mr chose not to act of people visiting, the most followed Allan Kessing.” stories, issues raised in teachers’ but gradually submissions to the federal government Moved: David Forster Parliamentary Inquiry into Workplace Seconded: Alan Smith, Bob Steele I knew where I stood Bullying, and some of the current concerns of Queensland teachers. 9(1) 2013 AGM: Sydney the days were lonely

the pain was deep 10. AGM closed 12.15 as I stood alone but I knew where I stood

My choice was made and I never once regretted being a whistleblower Robina Cosser (from her website)

My sense of ethical Stacey Higgins, WBA Facebook page administrator right and wrong Stacey told about what’s been is very clear happening with the page, including I'm stronger today privacy settings, the sort of informa- and I know where I stand tion posted and what can be done with Australian government reserve fund the page. There are now 119 friends. for a future false claims act

The Whistle, #73, January 2013 23

Whistleblowers Australia contacts Peter Fox supported

Postal address PO Box U129, Wollongong NSW 2500 When people read about the way whistleblowers are New South Wales treated, many are outraged. The following letters to the “Caring & sharing” meetings We listen to your story, editor were published in the Sydney Morning Herald on 14 provide feedback and possibly guidance for your next few November 2012. steps. Held by arrangement at 7.00pm on the 2nd and 4th Tuesday nights of each month, Presbyterian Church Whistleblower Fox is a hero — pay him respect (Crypt), 7-A Campbell Street, Balmain 2041. Ring beforehand to arrange a meeting. I read with distress the treatment allegedly given by some Contact Cynthia Kardell, phone 02 9484 6895, in the NSW Police to Detective Chief Inspector Peter Fox [email protected] (“‘Satisfied’ whistleblower weighs future in the force,” smh.com.au, November 13). Threats by phone and on Website http://www.whistleblowers.org.au/ police letterhead? He says he knew his career was finished as soon as he spoke out. Wollongong contact Brian Martin, phone 02 4221 3763. Some suggestions for Commissioner Andrew Scipione: Website http://www.bmartin.cc/dissent/ award him the relevant police medal for bravery; give him

Queensland contacts Feliks Perera, phone 07 5448 8218, a promotion because of his dedication to duty; assure him [email protected]; Greg McMahon, phone 07 that you will protect him and that, if he wishes to continue as a police officer, he will not be victimised. 3378 7232, [email protected] This man has upheld the highest standards in his sworn South Australia contact John Pezy, phone 0433 003 012 duty as a police officer to protect and act in the interests of the community. He has put his safety, and the welfare of Tasmania Whistleblowers Tasmania contact, Isla his family on the line, to protect others. MacGregor, phone 03 6239 1054, [email protected] For God’s sake (and I choose those words deliberately), I

Whistle beg you to act to restore the confidence of the community in you and your force. Editor: Brian Martin, [email protected] Ken Stevenson, Waterfall Phones 02 4221 3763, 02 4228 7860 Address: PO Box U129, Wollongong NSW 2500 The public will be watching how Premier Barry O’Farrell, Associate editor: Don Eldridge Police Minister Mike Gallacher and Police Commissioner Thanks to Cynthia Kardell and Patricia Young for Scipione handle the persecution of Detective Chief proofreading. Inspector Fox. This brave man has been the catalyst for a royal commission to expose appalling crimes that have been covered up by widespread systemic corruption across a range of organisations, allegedly including the NSW Police. Any failure of the NSW government to protect DCI Fox will be judged harshly. Paul Tweddell, Elizabeth Bay

Whistleblowers Australia membership

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. 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]

24 The Whistle, #73, January 2013