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

Whistle NO. 56, OCTOBER 2008

Newsletter of Whistleblowers Australia

Media watch

Qld: Whistleblowers need were circulated and legal action taken of ethical, political or diplomatic as the company attempted to convince significance. to stand firm: Cooper her to drop her investigation into fraud Wikileaks’ fame has spread rapidly Steve Gray at the Fortune 500 company. in recent weeks, thanks to the release Australian Associated Press, To make her task harder, World- of some headline-grabbing documents. 29 July 2008 Com was based in her Jackson, Missis- These include the design for the sippi, hometown and many of the Hiroshima atomic bomb, a report on Whistleblowers face anxiety, depres- major players were members of the how the UK acquired its nuclear sion and alcoholism but need to stick small community. weapons capability, and hundreds of by their principles, a business forum in She said whistleblowers often lost camera phone pictures of the Tibetan Brisbane has been told. their houses and families were riots. bankrupted, faced alcoholism and In the last fortnight alone it has depression. released 50 documents and it is now Most were not fired outright but hosting more leaks than its global were manoeuvred out of their jobs network of volunteer editors appear within 12 months. able to check. “I had a choice to make,” she said. Thanks to Wikileaks, potential “Either I could let this ruin my life whistle-blowers are now far more or I could step back and re-evaluate it willing to come forward, says John and move forward in a completely Young, who runs the long-standing different direction. site Cryptome.org, which specialises in “That’s exactly what I decided to posting documents on espionage, do, but it was the most difficult thing intelligence and cryptography issues. I’d ever been through in my lifetime.” “We started getting a lot less informa- tion after 9/11 as people became more Cynthia Cooper, who revealed the cautious when law enforcement biggest fraud in US corporate history, agencies got more draconian powers. told the Queensland University of A fail-safe way to So we are very happy to see Wikileaks Technology Business Leaders’ Forum embarrass people doing what they are doing so aggres- today that knowing what you stand for in high places sively.” is not enough. This flood of leaked documents has Whistle-blowers can tell all without “It’s more than that, we need to been made possible by internet being traced, thanks to websites that find our courage,” the WorldCom technology that allows whistle-blowers anonymise their details whistleblower said. to post documents online without Paul Marks “It’s not always easy to find our revealing their identity or IP address. New Scientist, volume 198, courage. The website uses a network called The 10 May 2008, pp. 28-29 “There were times when I literally Onion Router (Tor), to disguise the was scared to death, my hands were origin of documents. Tor routes JUST how accurate are GPS-guided shaking, my heart was pounding and I documents sent to the Wikileaks precision bombs, and what is most had to find a way to push forward in website into a cloud of hundreds of likely to send them off-target? Now the face of fear.” servers, where they bounce randomly you can find out by simply reading the She said her mother’s lessons never between a handful of them, before smart bomb’s tactical manual on the to be intimidated and never be bullied finally landing in one of Wikileaks’ internet. No, the Pentagon didn’t slip had helped her. inboxes (see “The onion will cover up and post the instructions online. Ms Cooper’s revelations about $9 your tracks,” next page). Rather, a whistle-blower leaked the billion worth of fraud at the highest To track where a leaked document, manual via Wikileaks, a website that levels of WorldCom led to the impris- picture or video came from would take uses anonymising technology to dis- onment of five senior executives and the computing power of the US guise the source of leaked information. changes to corporate law across National Security Agency. And it Launched online in early 2007, America. would have to be trained on the right Wikileaks is run by an informal group She was named one of Time servers at the right time, making it of open government and anti-secrecy magazine’s Persons of the Year in virtually impossible to succeed. advocates who want to allow people 2002. Ironically, given the number of living under oppressive regimes, or “Things begin to happen when military documents that are leaked to with something to say in the public you’re a whistleblower,” Ms Cooper Wikileaks and other whistle-blowing interest, to anonymously leak docu- said. “Your life will really change.” websites, the Tor network was ments that have been censored or are She said her career was threatened, originally developed by the US Naval rumours of her being a “scorned lover”

PAGE 2 THE WHISTLE, #56, OCTOBER 2008 Research Laboratory, based in lar have very strong anti-censorship bolts onto existing 500 to 2000-pound Washington DC, before becoming an legislation, making Wikileaks a resil- bombs, turning them into individually open source project anybody can use. ient beast. targeted gliders that are accurate to But this does not mean the military has Once a document has been submit- within 3 metres. Eighty JDAMs can a back door into the system, says ted to the website, and before it can be level all the critical infrastructure of a Wikileaks spokesman Julian Assange. published, editors check it for veracity medium-sized city in one B2 bomber “Like the internet, Tor is out of the and assure themselves that it is of flight, says Assange. “This means that hands of those that were once involved compelling public interest. “Anony- posting the manual clearly fits our in crafting it,” he says. mous leaking is an ancient art and editorial policy that the material be of many websites publish documents political, diplomatic or ethical signifi- The onion will cover your tracks from sources they cannot identify,” cance.” No spy movie is complete without an says Steven Aftergood of the Federa- Despite the success of Wikileaks in agent trying to shake off the villain on tion of American Scientists’ (FAS) bringing such documents out into the their tail by taking random twists and Project on Government Secrecy. open, potential whistle-blowers should turns down back alleys and side “What Wikileaks has done is to profes- remain on their guard when posting streets. The Onion Router (Tor) does sionalise the operation. They have documents to any leak site, says the same thing with your digital files, created a standard procedure for Young. Some are in fact run by intelli- and then erases your “footprints”. receiving, processing and publishing gence agencies hoping to catch A Tor network comprises thou- leaks.” whistle-blowers in the act, he says. sands of volunteer users who turn their In 2007, for example, Wikileaks “There are lots of dirty tricks out computers into “onion proxy” servers revealed massive corruption in the there. We always caution against by downloading client software from Kenyan government and made the trusting our site or anybody else’s the Tor website. Then, when you want startling discovery that agents of the because there are so many ‘sting’ sites to send a message, Tor encrypts it Stasi, the former East German secret out there,” he adds. three times in onion-like layers and police, had become members of the Meanwhile, some anti-secrecy forwards a key to each layer to three commission investigating Stasi crimes. advocates in the US criticise proxy servers, chosen at random, in the It also leaked a Pentagon handbook Wikileaks’ editorial policy for being network. revealing that psychological torture too open, as the website does not When the message arrives at the was used against prisoners at the US’s censor sensitive military documents, first server, its outer layer is decrypted Camp Delta in Guantanamo Bay. including potentially dangerous details and so on. By the time the completely So how do Wikileaks’ editors on bombs. decrypted message pops out of the decide which leaks to post? Unlike Assange says there are no third server, it appears to have print editors, Wikileaks’ editors do not documents Wikileaks would not post originated at this server, disguising its reject leaked documents just because on the grounds of military sensitivity. true source. “Imagine a large room they are unlikely to have widespread “It would be quite incorrect for us to jammed full of people in which many appeal. The only rule is that leaks must express any national favouritism,” he of them are passing around envelopes,” be in the public interest, says Assange. says. says computer security expert Bruce And there are few frivolous leaks, he That greatly troubles Aftergood, Schneier. “How would you know says. “Our sources, perhaps inspired who also leaks documents through his where any of them started?” by examples already set, nearly always FAS newsletter Secrecy News and the However, Tor is not completely send in genuine public interest FAS website. “They are essentially an secure. Steven J. Murdoch and col- material. Wikileaks pushes submis- outlaw operation — operating literally leagues at the University of Cambridge sions through a number of questions outside the framework of the law — have shown that it is possible to iden- and only the well-motivated leaks get and they have shown no willingness to tify some onion proxies. Although that through.” refrain from publication of sensitive would not reveal your secret message, One example is the manual for the military technology.” it would reveal who is using Tor. Joint Direct Attack Munition (JDAM), This could make the website a

or smart bomb, available on the threat to security, Aftergood says. “It’s Wikileaks itself is actually much more Wikileaks site. The leaked document troubling that Wikileaks is beyond than a single website. Wikileaks.org from 2002 reveals that while the bomb, accountability to anyone. The better has mirror sites hosted in a number of which has since been upgraded, had an they are at what they do the more countries, including Belgium, Sweden, accuracy of 2.8 metres in flight tests, pressing it becomes that there is some Australia, Christmas Island and this dropped to 7.8 metres in actual kind of accountability. Otherwise California. This means that if someone combat, thanks to guidance errors, Wikileaks itself could become a tries to take legal action against failure to specify target coordinates threat.” Wikileaks in one country — by taking accurately, and inaccuracies in the First things first, says Assange. down the wikileaks.org website for GPS systems. “When governments stop torturing and example, as a Swiss bank tried and “JDAM is the most strategically killing people, and when corporations failed to do earlier this year — it significant US military development in stop abusing the legal system, then cannot take down the entire service. the past twenty years,” says Assange. perhaps it will be time to ask if free Also, Sweden and Belgium in particu- It costs from $20,000 to $40,000 and speech activists are accountable.”

THE WHISTLE, #56, OCTOBER 2008 PAGE 3 Net crusaders shine torch tanamo Bay, which revealed it was US Hansard transcripts of the parlia- policy to hide some prisoners from the mentary session record that Mr in murky places International Red Cross and use dogs Llewellyn also spoke of what he Asher Moses to intimidate inmates. The documents expected to happen to the whistle- The Age, 9 July 2008 were reported on in papers including blowers. The New York Times and The “I understand these nurses have An Australian living in East Africa has Washington Post. claims against the (Health) department brought new meaning to the phrase Mr Assange, who grew up in and I have instructed the department to “keeping the bastards honest.” Australia but moved to East Africa two settle these claims,” he said. In the past year-and-a-half, Julian years ago and now splits his time Three years later, it’s difficult to Assange and his band of online between Kenya and Tanzania, has connect the actual experience of the dissidents have helped swing the worked as a security consultant, four women whistleblowers with Mr Kenyan presidential election, embar- professional hacker, activist and Llewellyn’s reaction, tears rolling rassed the US Government and researcher. down his face, as he talked of their sparked international scandal. As well as Mr Assange, fortitude and the difficulties that they His site, Wikileaks, provides a safe Wikileaks’s nine-member “advisory had already faced. haven for whistleblowers to anony- board” includes another Australian, the Three of the four women met for mously upload confidential documents broadcaster, film producer and writer the first time last week since the and, after 18 months of operation, Phillip Adams. experience which changed all their Assange says no source has ever been Mr Assange said more than 100 lives, to take stock. exposed and no document — now Australian PhD candidates, journalists Jo Ottaway and Leila Rossiter were more than 1.2 million and counting — and other volunteers worked on the two nurse whistleblowers who first has ever been censored or removed. Wikileaks. “Australians seem to be broke the story of conditions at Now the site is expanding its focus unusually drawn to the project, perhaps Northern Tasmania’s acute care mental on despotic regimes and shady as a result of an absolutely disgraceful health unit alongside the Launceston corporate dealings to include religion preoccupation with abusing the Federal General Hospital by going to the State and even the cult of celebrity. Police to hunt down journalists’ Health Ombudsman with their Recently published documents sources — a backwardness that has not concerns when they were unable to get include an early version of the movie stopped with Rudd,” he said. department managers to listen or take script for Indiana Jones and the But so far Wikileaks had received action. Kingdom of the Crystal Skull, Wesley few documents exposing Australian They have since become publicly Snipes’s tax bill and documents from governments and companies. known but our first meeting was the Church of Scientology and the incognito at a Devonport cafe more Church of Jesus Christ of Latter Day than a year before Mr Llewellyn’s Saints. tearful report to Parliament because the “In every negotiation, in every “Hero” nurses are two women at that stage feared planning meeting and in every still out in the cold retribution for themselves and their workplace dispute a perception is Four women who blew the whistle families if they were publicly slowly building that the public interest on abuse at the LGH’s Ward 1E are identified. may have a number of silent advocates The women were already at the end in the room,” Mr Assange said in an still struggling for compensation. A group of courageous nurses has of their tether after more than 12 email interview. months of trying to make people stop Last August The Guardian ran a been let down at every turn. and listen and do something about a front-page report about widespread Alison Andrews reports mental health service that was later corruption by the family of the former Sunday Examiner, 15 June 2008, p. 6 independently proved to be rife with Kenyan leader Daniel Arap Moi, bullying, sexual abuse, harassment and including evidence Mr Moi siphoned FORMER Tasmanian Health Minister intimidation. off billions in government money. The David Llewellyn called them heroes. “We met with you back then report said it was based on a document Mr Llewellyn was so moved by the because we were trying to find obtained from Wikileaks. courage of the nurses who became someone who could look into it (Ward Mr Assange says the revelation known as the Ward 1E whistleblowers 1E). We wanted someone independent changed the result of the Kenyan that he wept as he told the State to find out what had happened to these presidential election, swinging the vote Government their story. people,” said Ms Rossiter. by 10 per cent towards the opposition, He stood in Parliament, on April If the women and the two more which won the election by 1-3 per cent 14, 2005, and talked publicly for the whistleblowers still to make their of the vote. first time of the sexual abuse of move knew then what they know now, Other previously confidential women patients on Ward 1E and the they would probably have cancelled documents published by Wikileaks bullying and harassment of the nurses the coffee date, packed up their include the US rules of engagement for who reported it. families and moved interstate. Iraq and the operations manual for the His speech prompted a standing Gwynneth Williams, identified running of the US prison at Guan- ovation for the nurses’ bravery. now for the first time as the third

PAGE 4 THE WHISTLE, #56, OCTOBER 2008 whistleblower, was a senior psychiatric “I’ve been nursing since I was 16; “ASIC is saying that knowledge is nurse who decided to stay put when I’ve never wanted to do anything else,” irrelevant.” Ms Rossiter, Ms Ottaway and a fourth she said. woman still too frightened to be “But I keep out of the way. I’m on named, took leave. permanent night shift so that I’m away They had been labelled trouble from all the trouble.” makers by their peers and the She believes that the strain of the workplace had become unbearable. treatment by her former employers Ms Williams says that she stayed to hastened her son’s death. try to help repair the damage that had Ms Ottaway succumbed again to been done when the other three were the illness of which she had been forced out by bullying and harassment. cleared when she first started at Ward “I stayed because I believed Mr 1E and hasn’t worked since she left the Denise Brailey Llewellyn and the system would mental health unit. protect me from harm,” she said. Despite Ms Brailey giving ASIC the Instead all four skilled mental authority to speak about her appli- health nurses have been badly cation, the corporate regulator has damaged by their six-year battle ASIC rejects refused to comment on its decision. because they feel that they have been whistleblower’s bid “I am not in a position to confirm treated like criminals instead of the Anthony Klan whether she has applied and certainly people and practices they doggedly The Australian, wouldn’t be making any comment in persisted in revealing. 15 September 2008, pp. 27-28 relation to any application,” ASIC Ms Williams finally left the spokeswoman Angela Friend said. workplace two years later, exhausted. DENISE Brailey’s resume is littered Ms Brailey’s referees (Hugh She took extended leave and then with examples of victories she has McLernon, executive director of workers compensation as her health claimed in her long-running battle litigation funding giant IMF, and Doug collapsed when she too became the against financial fraud and corporate Solomon, prominent Perth lawyer of subject of bullying and harassment by catastrophe. Solomon Lawyers) said they were her superiors against whom she had Ms Brailey, of Perth, has been the disappointed with ASIC’s decision. given evidence. catalyst behind several government Mr Solomon represented many of It took another two years for full inquiries, was the whistleblower the victims of the West Australian workers compensation to be paid. behind the West Australian solicitors’ mortgage brokers scandal, often All the women say that they have mortgage brokers scandal and warned without pay. considered suicide to end the hurt to of the collapses of Westpoint, Fincorp “Denise would have made an their families and themselves during and others years before they toppled. excellent candidate as a very thorough the years of negotiations with the State She has repeatedly drawn the investigator,” he said. Government for compensation for loss attention of corporate regulator the “My experience in working with of earnings. Australian Securities and Investments Denise is that she will get in there and They have felt helpless as their Commission to holes in consumer fight, which is surely what ASIC must families struggled to the point of protection laws and approaching be looking for. bankruptcy and those identified as the financial catastrophes. “She led the campaign against perpetrators were reinstated. But she was bitterly disappointed property spruikers such as Henry Ms Rossiter was the first to give up this month to learn her application for Kaye, she blew the whistle on the and accept a small payout from the a job as an ASIC investigator, with a mortgage-broking issues and has done State Government for loss of earnings modest salary of $70,000 a year, had a huge amount of work in the interests when she was forced to leave unten- been rejected. of consumers in various types of able work conditions. Her application had not even property-related investments.” “I’d had enough; I just wanted it progressed far enough for ASIC’s Mr McLernon also was disap- over,” Ms Rossiter said. recruiters to call her referees. pointed with ASIC’s decision. She was nursing her terminally ill “I’ve opened ASIC’s eyes to Ms Brailey once worked at IMF as son, Joel, who died in early 2005 numerous approaching financial a special projects manager in seeking before the compensation payment disasters over many years and I would compensation for 3000 victims of the came through. bring an enormous amount of mortgage broking scandal. “I thought that when the compo experience to their investigative “It’s a pity she didn’t get the job,” came through that at least it would be teams,” Ms Brailey said. McLernon says. over but it’s never over,” said the 52- “I’ve studied the business and finance “She would have given them a real year-old. sector for the past 10 years to the point shake up.” “I’ll never get back what I lost.” where many members of the media The potential for that shake up may In 2008, Ms Rossiter has returned consult with me on a wide range of have been what weighed the scales to nursing — not in mental health. issues because of my knowledge. against Ms Brailey.

THE WHISTLE, #56, OCTOBER 2008 PAGE 5 She has been a vocal critic of “So many of the people that came even to one’s own self-interest, should ASIC’s shortcomings over many years, to me are just furious at ASIC,” Ms not overtake loyalty to the long-term her calls contributing to major changes Brailey said. interests of an organisation, or to the such as the overhaul of reporting “They see ASIC as just not giving wider public. requirements of the $8 billion deben- a stuff about their plight and their files ture and $42 billion mortgage fund being put on a shelf somewhere to rot.” industries. She said RECA was an organisa- “Denise would have been a very tion consistently underfunded, receiv- good person for ASIC to have — she ing operating funds from membership has an ability to turn over stones that fees paid by the financial victims not everybody wants to see turned themselves. over,” Mr Solomon said. That lack of funding eventually led “Perhaps there is some concern to to RECA being disbanded in within ASIC she may turn over some December 2005 and no organisation stones somebody doesn’t want to see has replaced it. turned over.” Ms Brailey said that although she is Ms Brailey had worked as a real able to help some of those aggrieved estate agent in Perth in the 1990s but investors who continue to contact her, John Faulkner resigned to establish the Real Estate the support she can provide is limited Consumer Association (which initially because she is forced to work in other For some Australians, there comes a operated from her apartment) in areas and has limited time available. time in their life when they become response to the huge numbers of Because no organisation has taken aware that a colleague, an employee, people she saw being ripped off by the the place of RECA, burned investors, an employer, is doing something property industry. such as those caught in the Westpoint wrong — perhaps bullying or RECA worked to expose property and Fincorp collapses, have formed harassing others in the workplace, spruikers and served as a focal point “action groups” in a bid to rally perhaps misusing resources or for investors from across the country awareness of their plight and push for misappropriating funds, perhaps who had been burned by shonky what they see as justice. concealing important information operators. But a lack of financial experience because it would have a negative Ms Brailey said, in that time, she held by people running those groups impact on the organisation. In this had close discussions with many ASIC has meant they have been far less situation, some people will decide to officials, such as former deputy effectual than RECA was in assisting keep their heads down, turn a blind chairman Jeremy Cooper and former investors or bringing about change to eye, not get involved. head of enforcement Jan Redfern. the way the financial services system is But some courageous individuals “Over many years I have been regulated. will take a stand. They will report what consulted by people at the highest they have seen. They will — often at levels of the commission concerning a personal risk and to personal cost — range of issues,” she said. “blow the whistle.” In 2005, she provided ASIC with a Launch of Whistling Hollywood has made heroes of list of 12 investment companies that While They Work some whistleblowers. Karen Silkwood had raised billions of dollars from Senator John Faulkner, and Jeffrey Wigand were immortalised “mum and dad” investors and which Special Minister of State on celluloid by Meryl Streep and she believed were in serious danger of 9 September 2008 Russell Crowe. Their disclosures — collapse. She dubbed them the “dirty and the price they paid — were on a dozen.” I would like to acknowledge the larger scale than those of many Companies on that list included Ngunnawal people and their ancestors whistleblowers, but as the report we Fincorp, Westpoint, Australian Capital as the traditional owners of the land on are here today to launch documents, Reserve and Bridgecorp, all of which which we are meeting today. the decision to stand up and say have subsequently collapsed owing Distinguished guests, ladies and ‘enough’ is rarely easy and too often investors hundreds of millions of gentlemen, we are trained from the carries heavy costs. dollars. schoolyard to deplore a dobber. For a And that is hardly fair. We depend Only in the wake of all those child, loyalty to a playmate in the face very much on whistleblowers to alert collapses has ASIC moved to overhaul of authority is a simple virtue. But us to misconduct and malfeasance. disclosure rules in that sector. when we leave the schoolyard and People inside organisations are often Ms Brailey said many of those enter into the adult world, our respon- the ones in a position to be the first to investors to approach her at RECA had sibilities also become adult. Loyalty to know something is wrong, and their earlier voiced their concerns with our colleagues or employers is an actions in raising the alarm can stop a ASIC and were angered by what they admirable virtue. But blind loyalty is a problem before it becomes a crisis. saw to be a lack of interest from the weakness. We also realise that loyalty They should not have to risk their corporate regulator. means many things. Loyalty to a careers, their mental and physical colleague, or immediate supervisor, or health, in extreme cases — such as

PAGE 6 THE WHISTLE, #56, OCTOBER 2008 Karen Silkwood’s — their life, just to Service who are employed under the protections are an important part of do the right thing. Public Service Act 1999 (Public transparency and accountability, which Ladies and Gentlemen, it is my Service Act). are in turn critical to both effective and pleasure today to launch the book Existing provisions provide responsible public administration. Whistleblowing in the Australian protection from victimisation and Good policies to protect those who Public Sector, the first report of the discrimination for APS employees make public interest disclosures, and to Australian Research Council Linkage who allege that other APS employees make sure that the issues they raise are Project “Whistling While They Work.” have breached the APS Code of dealt with appropriately, support This book is the outcome of a three Conduct. public accountability and good year extensive national research As you are all no doubt aware, government. project, led by AJ Brown and his team many commentators have argued that The Government is committed to from Griffith University, on the these current provisions are too broadening and strengthening public management and protection of internal narrow. Too narrow in relation to the interest disclosure measures through a witnesses, which includes whistle- categories of people who can make pro-disclosure system across the blowers, in the Australian public protected disclosures and the types of Australian Government sector so that sector. It represents, I think it is fair to disclosures protected, too narrow in as proper reporting and investigation say, the most substantial research in far as the extent of protection afforded systems are put in place to deal with this area in Australia to date. to whistleblowers is concerned, and allegations of corruption and miscon- The research project has been too narrow when it comes to the duct and to provide best-practice jointly funded by: persons to whom disclosures may be legislation to encourage and protect • the Australian Research Council; made. disclosure within government. • the five participating universities; For example, in terms of the As noted in the report, it is well and categories of people who can make recognised that integrity in government • 14 industry partners, including disclosures, less than three-quarters of depends on a range of “integrity integrity agencies, such as the what most people would commonly systems” for keeping both institutions Commonwealth Ombudsman, and describe as Australian Government and their officeholders honest and public sector management agencies employees are protected by these accountable. The Government’s from six Australian governments. provisions. And, consequently, there is commitment to strengthening public The project’s major research an argument that any new or reformed interest disclosure measures fits involved a survey of over 7,600 public scheme should expand that protection squarely within the Government’s officials from 118 public agencies in to include other categories of integrity agenda and complements the the Commonwealth, Queensland, New Australian Government employees — many reforms the Government has South Wales and Western Australian such as people currently or previously already made in this area. Those public sectors. engaged under the Members of reforms include: Some of the research is ongoing — Parliament (Staff) Act 1984. In an era • introducing a Ministerial Staff examining differing organisational in which many people are engaged by Code of Conduct; experiences under the various public the Commonwealth not as employees • introducing a Lobbying Code of interest disclosure regimes, comparing, but as contractors and consultants, Conduct; identifying and promoting current best there is also an argument that those • ensuring that government practice. protections should be extended to advertising can no longer be used for As the report notes, much of the cover such persons. partisan political advantage; research data contains “broad positive A particularly contentious issue is • ensuring the advantages of messages” about how good processes whether disclosures should continue to incumbency are not abused; are working, while at the same time be protected public interest disclosures • introducing transparent and merit- identifying areas where improvement if they are made to third parties, based assessment in the selection of is required. The report will help to including the media — and in what most APS agency heads; inform the Government’s considera- circumstances (if any) disclosures to • introducing electoral reform tion of changes to our public interest third parties should be justified, legislation to ensure Australian voters disclosure system, providing very protected and permitted. know who is donating to whom — and useful input as we work out the best These are difficult, complex and how much; and way forward. The report has been challenging issues, and I commend the • ensuring much greater access to prepared from outside government authors of the Whistleblowing in the government documents through the looking in, and speaking from the Australian Public Sector report for the most significant overhaul of the FOI inside looking out, the government clear, systematic and thoughtful Act since its inception in 1982. will have to look carefully at the report manner in which they have dealt with As you are all aware, at the to decide what we should act on and them. Government’s request, the House of how. Ladies and gentlemen, accountabil- Representatives Standing Committee At the Australian Government ity is a fundamental underpinning of on Legal and Constitutional Affairs is level, the current protected public democracy. And we cannot have conducting an inquiry into whistle- interest disclosure provisions cover accountability without appropriate blowing protections within the those staff within the Australian Public transparency. Public interest disclosure Australian Government sector. This

THE WHISTLE, #56, OCTOBER 2008 PAGE 7 inquiry is the first step in delivering on trying to fix the problem. It also the Government’s election commit- unleashed the AFP on Kessing. ment to provide enhanced legislation The affair was one of the factors to more effectively protect public that persuaded Labor to include interest disclosures within the whistleblower protection in its policy Australian Government public sector. for the last year’s federal election. The Government takes the work of this That policy was explicit: “Where a Committee very seriously, and has person has exhausted all legitimate asked the Committee to develop a mechanisms and avenues of complaint, preferred model to protect whistle- and still finds that through the force of blowers in the public sector. extreme circumstances they are We have asked the Committee to obliged to disclose information to third look at this issue in depth, reviewing Allan Kessing parties such as journalists, protection the key issues relating to public by a court may still be provided interest disclosures and consulting Kessing has already felt the full force dependent upon the circumstances.” widely with interested people and of what the government of Australia The impact of this policy extends organisations. can do to public servants who reveal beyond the public service. If public I am sure the findings of the ineptitude and maladministration. He servants are protected from criminal research contained within this report has been investigated repeatedly by the charges when they provide material to will be a valuable resource for the Australian Federal Police, dragged into the media, journalists would also Committee’s considerations. I also court and left with a criminal record benefit. They would be far less likely understand that the Committee and crippling legal bills, all for alerting to be roped into court cases and asked members will participate in a round the community to lax airport security. to reveal their sources in the public table discussion with the authors of the And his ordeal continues. Kessing service. report this afternoon. I welcome this is still clocking up legal bills in an Media lawyers say the indirect collaboration. attempt to overturn his conviction for effect of a new whistleblower law The Committee will report back to leaking documents to this newspaper could be to do more to keep journalists Parliament by 28 February 2009. The in 2005. out of court than the previous Government will consider the At last count, he was expecting the government’s shield law for jour- Committee’s recommendations with appeal to cost $40,000 to $50,000. And nalists, which is widely seen as the aim of developing legislation he is still carrying a debt of $12,500 ineffective. during the course of 2009. from his trial, despite a public appeal But the question of whether So without further ado, let me among journalists that helped defray Labor’s promised law will in fact congratulate A J Brown and the entire $40,000 in legal costs. protect public disclosures to the media team who have produced this timely “Basically, my entire super is will depend on how Labor fills in the report, and declare “Whistling While gone,” Kessing says. gaps in its policy. And there are plenty They Work,” Whistleblowing in the A new law from a new Govern- of those. Australian Public Sector, formally ment may protect others but it will do Does the policy’s use of the word launched. nothing for Kessing, who is bitter legitimate, for example, open the way about how he has been treated. “I have for public servants to go to the media been made a scapegoat by a praetorian in certain circumstances before Protecting the truth guard that was more interested in exhausting all internal appeal protecting the rat king than the mechanisms? What are the limits on A new report is helping the Rudd citizenry,” hesays. the type of concerns that whistleblow- Government shape laws to save In Kessing’s view, the “praetorian ers will be permitted to raise with the whistleblowers from persecution, guard” is the Australian Federal Police. media? writes Chris Merritt “As we saw in the (Mohamed) Haneef And what happens to those whistle- The Australian, thing, it’s a purely political body and it blowers who go to the media with 10 September 2008, p. 13 has been used in the most outrageous concerns that they cannot prove or that political manner,” he says. later are found to be factually WHEN Allan Kessing endorsed the To many, Kessing’s bitterness is incorrect? latest plan to protect public service understandable. Even if he did what he The plan unveiled yesterday by whistleblowers, he was almost uninter- is alleged to have done — which he Special Minister of State John ested. Even if the federal Government denies — some would say he deserves Faulkner seeks to answer those gives immediate legislative form to the a commendation, not a criminal record. questions. It has been drawn up by a scheme that was unveiled yesterday, it When the documents at the heart of team of academics led by A.J. Brown will be too late to save this former the affair remained inside the Customs of Griffith University and is part of a Customs officer. bureaucracy, nothing was done to three-year project backed by the address lax security. Once they were Australian Research Council. It is published in The Australian, the contained in a report called Whistle- former government spent $200 million blowing in the Australian Public

PAGE 8 THE WHISTLE, #56, OCTOBER 2008 Sector and it is already clear it will concerns to the media would be and — in some areas — to go even influence the type of legislation that is protected from legal liability. further. eventually introduced by Faulkner. But the scheme would not cover Media, Entertainment and Arts every complaint, only those that raised Alliance federal secretary Christopher allegations of wrongdoing that were Warren says Brown’s proposals appear against the public interest. The sort of to be a step forward. “This is the first wrongdoing that could safely be time there has actually been any disclosed to the media includes crime, recognition that whistleblowers have corruption, abuse of power, breach of any rights,” Warren says. trust, conflict of interest, official But he says there will be risks misconduct, negligence, incompetence, involved in requiring public servants to financial waste and anything that poses exhaust internal complaint-handling a risk to public health, safety or the mechanisms before contacting the environment. media. In at least one area, Brown’s pro- “Most people who contact the posal is even more protective of public media have already made a judgment servants than Labor’s pre-election that there is no point going internally,” policy. Brown is not persuaded there is Warren says. “Most whistleblowers a need to ensure disclosures to the who come to the media would have media are substantially true before preferred to have their concerns dealt they would gain the benefit of his with internally.” scheme. Labor’s policy required Faulkner, while launching the whistleblowers to first go through Brown report yesterday, skated over internal channels. It then would protect the issue of whether Labor intended to

AJ Brown public servants whose accusations protect disclosures to the media. were eventually vindicated. “A particularly contentious issue is A more important influence will be Brown agrees whistleblowers whether disclosures should continue to Labor’s Mark Dreyfus QC, who is should first try to have their concerns be protected public interest disclosures running a separate inquiry into dealt with in-house. But he believes if they are made to third parties, whistleblower laws for the legal and the second leg of Labor’s test, which including the media, and in what constitutional affairs committee of the requires the disclosures to be true, is circumstances (if any) disclosures House of Representatives. The Dreyfus too restrictive. “Proving that an allega- should be justified, protected and committee has been asked to prepare a tion of wrongdoing was ‘substantially permitted,” Faulkner says. “These are preferred model whistleblower law. true’ may also be a difficult challenge, difficult, complex and challenging But Dreyfus is also aware of what particularly if the whistleblower has to issues.” Brown has been doing. satisfy a court or tribunal of this matter Brown, however, is not so reticent. The Brown report has been when seeking compensation or resist- He says his scheme has been designed unveiled midway through that ing criminal prosecution or civil to ensure that government agencies are committee’s public hearings, a fact action,” the report says. encouraged to deal internally with Dreyfus described as “very, very Instead, the report proposes that complaints about misconduct. convenient.” whistleblowers should be protected if The incentive to drive that outcome What Brown has proposed is a their disclosures are true or if they held is legal protection for public disclos- three-stage system aimed at giving an honest and reasonable belief that ures to the media, Brown says. government agencies a strong their disclosures revealed wrongdoing. In practice, the proposed system incentive to address internal Even before the Brown report was would mean that the Commonwealth complaints about misconduct. If the made public, some senior public Crimes Act would continue to scheme is implemented, agencies that servants had been worried about the criminalise disclosures to the media ignore complaints by public servants prospect of a law that would protect that fall outside the definition of public about misconduct risk intervention by whistleblowers who went to the media. interest disclosures. But the Crimes a powerful outside agency. The Attorney-General’s Department Act prohibition would not apply to That agency, which might be the and the Australian Commission on public interest disclosures to the Commonwealth Ombudsman, would Law Enforcement Integrity even told media. be vested with extra powers and would the Dreyfus committee they preferred a “A lot of government agencies, need to be notified of all internal system in which public servants would even at a commonwealth level, should public interest disclosures by public not be protected if they went to the already have systems in place for servants. It would have the power to media. looking after their whistleblowers, and manage how an agency investigated On the other side of the debate, they don’t,” Brown says. each disclosure and could even take media lawyers and the journalists “So the question is, what are the over the investigation. And if union are pushing for Faulkner to big drivers that will help make sure complaints remained unaddressed, adhere to Labor’s pre-election promise that happens? It’s the risk of the public public servants who took their whistleblowing that helps create the

THE WHISTLE, #56, OCTOBER 2008 PAGE 9 driver for making organisations do it Medicaid payments to pharmaceutical both the federal government and properly. You have to have that public companies. taxpayers lose out. whistleblowing recognised in order to The article reveals that often have internal whistleblowing dealt whistleblowers must wait 14 months or with more constructively. At the more to even find out if the department moment, an organisation can sit back will accept their cases. Then, if it does Marks and Spencer and say: ‘We are going to sweep this take on a case, the department will sacks whistleblower under the carpet’.” likely take years to investigate and Mark Milner Brown believes public service decide if the whistleblower’s claim has The Guardian, 4 September 2008 managers are aware that complaints merit. Out of 24 cases involving about misconduct can not be made contractors defrauding the U.S. Marks & Spencer has dismissed the public by public servants unless they military during wartime, the Depart- “whistleblower” who leaked details of are prepared to risk being prosecuted. ment of Justice has awarded settle- its plans to reduce redundancy pay. Media lawyer Peter Bartlett told ments to whistleblowers in only five of The employee, a manager at its the Dreyfus committee of another them. That’s one court settlement per Paddington head office, was suspended reason there should be no requirement year that the U.S. has been at war. The last month and appeared before a to exhaust internal complaint-handling Department of Justice should be doing three-hour disciplinary hearing on systems before going to the media. He more to deter what Rep. Henry Monday. pointed out that several deaths and Waxman told the BBC is perhaps the Yesterday M&S confirmed the problems with medical procedures at “largest war profiteering in history.” employee had been dismissed. “It was Bundaberg Hospital had been the In the Post article, whistleblower not an easy decision nor one that was subject of internal complaint-handling lawyers note that the difficulties taken lightly,” said a spokeswoman. for two years before they became associated with investigating claims in “He broke the company’s rules and public. combat-ravaged zones, and the regulations and deliberately leaked “If they had been made public classified nature of certain military internal company information and earlier, then things could have been a equipment, complicate Department of made derogatory and speculative lot different for a lot of people,” Justice investigations and set back comments to the media despite the fact Bartlett says. proceedings indefinitely. we have a number of internal routes All this is much too late for However, one cannot help but available to address employee Kessing. wonder if there are political motiva- concerns.” But if Labor adopts the broad tions behind the Justice department She said M&S did not accept he structure of the Brown report, Kessing lawyers taking so long to investigate was a whistleblower because there had may well be the last public servant to these cases. True, these whistleblowers not been any wrongdoing by the be punished, rather than lionised, for are making bold claims pertaining to company. revealing serious flaws in public very politically volatile issues, such as Maria Ludkin, legal officer for the administration. the war in the Middle East. Neverthe- GMB union, who represented the less, when whistleblowers decide to suspended worker, described the Chris Merritt is The Australian’s legal risk their jobs to expose their compa- decision to sack him as a “gross act of affairs editor. nies’ corrupt business practices, these corporate bullying.” patriots deserve better than to be She added: “The disappointing part forced to sit idly by and wait a decade is that M&S head of global HR John DOJ leaves or more for results. Wareham stated that the 25-year-long The Post article relates one whis- service of this employee is totally whistleblowers hanging tleblower case in which the plaintiff irrelevant to the decision to sack him. Frank Rogers was awarded a settlement after 12 or M&S have shown that they are more Citizenvox.org: speaking out for the so years. The case is likely to be tried concerned about maintaining a public interest, 3 July 2008 in appeals court. However, during the repressive regime for their staff than time that the case was being investi- about promoting open discussion about An article in the Washington Post on gated, many witnesses’ memories the direction of the company and the Wednesday reported that more than about the defendants’ corrupt acts way that the staff are treated. 900 whistleblower cases have built up faded, and a federal agency threw “GMB will be appealing against over the past 10 years at the Justice away its files on the case. When cases this decision in the internal procedures Department. The commercial litigation take 12 years to be investigated, and and will launch a public campaign to branch of the department’s civil plaintiffs’ arguments in court are secure justice for this M&S worker.” division blames the backlog on their compromised as a result, both whistle- The union said the man had been being understaffed. Many of the cases blowers and their counsels are deterred told he would receive only eight days’ involve the privatization of govern- from filing complaints in the first holiday pay — £1,200 — despite 25 ment services, government contractors place. The Department of Justice needs years’ service. supplying goods and services to the to handle whistleblowers’ cases more U.S. military, and Medicare and quickly and efficiently, or dishonest

government contractors triumph, and

PAGE 10 THE WHISTLE, #56, OCTOBER 2008 Articles

Disruptive physicians cation in the ways of the world and, for whistleblowers by some of the state John Wright a small group, propensity to self- government’s most senior bureaucrats. destruct. It was generally agreed that The government department, which In The Whistle, #46, May 2006, I there was an urgent need for legislation cannot be named for legal reasons, has wrote about the destructive procedure and self-regulation to establish proper provided a written apology to the of “sham peer review” [SPR] as it rules for verifying the “peer” status of whistleblowers for the pain and applies to doctors in hospital practice, doctors who presume to judge other suffering they endured. but it is not confined to medicine. doctors, referring to the stringent Over an 18-month period, the Essentially, that American term criteria employed by senior medical whistleblowers were subject to actions describes the enlistment of individuals, colleges to define an “expert witness”. of public humiliation, with one who purport to be peers, to form ad Only those so regarded are encouraged whistleblower being forced to sit at a hoc “bad faith” panels to sit in to give expert evidence in court desk called “the naughty desk.” The judgement on, and find against the hearing of charges of medical whistleblowers were threatened with critics of administrations. Their incompetence. Those who ignore the discipline, were called “troublemak- ultimate objective is to censor, at any publicised criteria are liable to heavy ers” and one whistleblower was cost, a “disruptive physician” [DP] — penalties. demoted and appointed to a position, meaning a whistleblower. The panels Clearly, there is a major medical “Manager of Special Projects,” that did of “enquiry” constitute cabals that groundswell in other countries against not exist. serve the purposes of an employing the repetitious employment of SPR The whistleblowers had their institution and receive favourable against DPs. The correspondence salaries ceased as punishment and consideration from their employers. referred to in the paragraph above is were told “We [the department] are a Their value is in shielding bureaucra- continuing at a rate of about 100 letters big organisation, with lots of cies from accusations of dangerous weekly. There is no professional body resources” in attempts to intimidate practices. in Australia that is dedicated to, and bully the whistleblowers. The When the Association of American concerned, competent or substantial whistleblowers were banned from Physicians and Surgeons [AAPS] was enough to provide expert support for entering their workplace and had their established to investigate these devices doctors facing such devastating life security access cards disabled. and the “Semmelweis Society” became events as charges of being “disrup- In 2006, a regional newspaper active, it became obvious that there tive.” Clearly, Whistleblowers Austra- exposed the cover-up and problems were remarkably stereotyped tech- lia can help, regardless of the sphere of within the department, with a front- niques employed in neutralising victimisation. But for everybody in page story and week-long media troublesome doctors. It was as if whatever situation needing protection coverage. Departmental managers somebody was teaching hospital from these pernicious threats, it is well prohibited staff from reading the administrators how to do it. In fact, the worthwhile to consult the internet newspaper, threatened staff with AAPS discovered that legal seminars publications of the AAPS and the demotion if they were seen reading the regularly offered tuition and advice to Semmelweis Society. Their experi- newspaper and physically removed those administrators in the US. The ences and perspectives are profound copies of the newspaper from staff advent of this phoney empanelling and reassuring that none of us is facing tearooms. process occurred at about the same anything new or reputable. One senior bureaucrat sent an email time that all administrations globally to over 800 staff, identifying a John Wright is a member of Whistle- embraced the concept of “human whistleblower. An internal inquiry was blowers Australia. conducted, with the executive setting resources” instead of personnel. On 16 May 2008, a distinguished its own terms of reference, and medical journal received a letter from a subsequently “no problems” were young US surgeon, seeking informa- Victorian government found with the department. The tion about the term “disruptive internal inquiry was followed by physician” which had recently been guilty of detrimental meetings with large groups of staff attached to him. By early July, some action against where the executive denounced one 750 letters had been received from whistleblower and staff were told she whistleblowers was “too young” to know anything. various sources. Most respondents Lisa Hamilton chose anonymity. They consisted of Staff were told that the executive had full confidence in their managers and victims and potential victims, Victoria’s largest state government witnesses, lawyers, administrators and that there were no problems in the department has been found guilty of department. even some who had been SPR taking detrimental action against panellists. Several psychiatrists loftily The Victorian Ombudsman’s 2005- whistleblowers. In August 2007, the 2006 Annual Report notes “A discussed the psychology of whistle Victorian Ombudsman substantiated blowers, their naivety, lack of sophisti- [internal] review had been conducted detrimental action taken against prior to my investigation which did not

THE WHISTLE, #56, OCTOBER 2008 PAGE 11 identify significant case practice In 2006, Farrah Tomazin of the The The whistleblowers have been told that weaknesses.” (p.21). Age newspaper reported on research they are catalysts for the Victorian However, following public interest conducted by the State Services Ombudsman’s recent proposal for disclosures by the whistleblowers, the Authority, an authority referred to as a amending the Victorian legislation. It Victorian Ombudsman “… identified public service watchdog. In her 16 is therefore surprising that the 26 cases involving 47 children the January article “Bullying rife in public Victorian Ombudsman does not intend region may not have responded service,” Tomazin stated “Despite the to report this to Parliament through his appropriately to children at risk. I Government’s pledge that whistle- annual report. noted high numbers of unallocated blowers in the bureaucracy are Earlier this year, Victorian federal cases, including high-risk infants. A protected by legislation, one-third of MP Mark Dreyfus was appointed as significant number of these cases were respondents believed they would suffer chair of a federal government inquiry not receiving adequate intervention by if they complained about workplace to “look at better protection for child protection staff and I believe this problems. Half were not aware of whistleblowers” (ABC AM radio, 12 may have left a number of children, Victoria’s whistleblower protection July 2008). Mr Dreyfus has not yet including infants, in situations of laws. Others suspected nothing would responded to emails and letters from serious risk.” be done if they spoke up.” the whistleblowers who have offered The Victorian Ombudsman inter- Tomazin, in the same article, also to assist the inquiry by providing their viewed 11 supervisors and other staff reported “Victoria’s biggest govern- case as an example of detrimental within the department and found ment department (name removed) cost action, to practically illustrate how “Significant distrust of regional taxpayers $2.4 million in Workcover government departments currently fail management by a large number of staff compensation for stress, anxiety or to protect whistleblowers. The inquiry in supervisory positions.” (2005-2006 depression in 2003-04, with 195 will also consider new laws to protect Annual Report of the Victorian employees affected.” Tomazin whistleblowers in the public service. Ombudsman, p.21). reported the response of government The department’s response was to spokesman Geoff Fraser who was Contact Lisa on [email protected] require managers to attend a leadership quoted as saying that bullying was for further information. development program, which was held “unacceptable and not tolerated” and in 2008, almost two years after the the government ran campaigns through Victorian Ombudsman’s investigation. WorkSafe to combat the issue.” NSW government The offending public servants were Unfortunately, in this case, the told some 30 months after the fact that whistleblower’s appeals to WorkSafe charades their actions against the whistleblowers were rejected on the basis that they did Whistleblowers Australia constituted detrimental action accord- not meet WorkSafe standards for media release, August 2008 ing to Victorian legislation. The bullying and harassment, despite department failed to initiate any meeting the Victorian Ombudsman’s The NSW Parliament had an inquiry discipline or performance management legislative standards for detrimental about two years ago into the NSW processes against the offending public action taken against them, which is a whistleblower protection act (Protected servants because of fears of breaching criminal offence. Disclosures Act 1994), which had the confidentiality provisions of the This case is the first substantiated proven to be nearly totally ineffective. Victorian whistleblower legislation, case of detrimental action against That inquiry had advocated a series of which protects the identity of whistle- whistleblowers by Victoria’s largest reforms, but they were never imple- blowers. government department, since the mented. Now the government is having After being found guilty of detri- Whistleblower Protection Act was a second inquiry. mental action, the department accepted enacted in 2001. Whistleblowers Australia in NSW liability which prevented the offending However, the Victorian Ombuds- agitated in the media about this lack of public servants from being prosecuted, man has advised that they will not be action on the first set of reforms. It and also denied the whistleblowers reporting the findings of detrimental also complained to the Premier. We their legislative rights. The Victorian action against the whistleblowers in received a reply from his office to the Ombudsman received the department’s their 2007-2008 annual report, which effect that NSW agencies can success- acceptance of liability and did not is due to be tabled in Parliament later fully manage people who wish to pursue individual offenders. this year. Under legislation, the inform the authorities of corruption or Subsequently, the department failed Ombudsman is required to report to of other illegal activities in their to discipline or performance-manage Parliament but will this year omit any organisations, and that the recommen- the offenders. Two senior bureaucrats reference to detrimental action taken dations of the original report were not were removed from the region, but against whistleblowers by Victoria’s necessary. Whistleblowers Australia were promoted to positions with largest government department. believes that the reason for not salaries between $100-200,000 per Dr William De Maria identified implementing the reforms is that the annum. All offending public servants deficiencies in the Victorian legislation NSW government wishes to make it received salary increases, with two in 2002 in his paper titled “The more difficult for honest people to managers receiving promotions. Victorian Whistleblower Protection come forward and reveal corruption in Act: Patting the Paws of Corruption?” their agencies.

PAGE 12 THE WHISTLE, #56, OCTOBER 2008 The major recommendation of the like a cover-up. It also stated that the about how to accomplish tasks and original report was that a special unit people of this state expect a greater thus is likely to submerge problems, in the Office of the NSW Ombudsman commitment from its representatives to allowing them to grow into significant handle whistleblower information. Its building an honest and corruption-free matters that need to be exposed. major task was to see that the informa- administration. The submission also Another angle is that the microman- tion on dishonest practices was points out that the government’s aging style, which can shade into investigated, and not covered up. position of refusing to support honest bullying, can be used as a form of The Premier’s statement — that employees in its public services who reprisal against whistleblowers. matters were satisfactory — was obvi- want to report the corruption is just Finally, learning how to resist micro- ously false, as evidenced the string of encouraging additional illegal activi- management can be useful for people corruption stories and illegal activities ties. who want to deal with problems. By in NSW that have emerged since the The NSW government has taken promoting a workplace where there is inquiry — Wollongong Council, this position because it wants to greater autonomy and openness, it is RailCorp, NSW Fire Brigades, are prevent whistleblowers revealing harder for corruption to flourish. examples. corrupt activity. Even now, however, Micromanagement is widely re- Honest people in those organisa- the polls show that the maladministra- sented by workers and there is plenty tions are unwilling to come forward tion has become so extensive that of material about the problem and how because they have no protection, and government will not be elected. The harmful it is. However, there is are employed by a government only sensible approach of the surprisingly little written about how to unwilling to help them. As numerous government is to bring in the challenge it. Searching for ideas whistleblower cases in NSW and legislative reforms and to encourage an quickly leads to a book by manage- elsewhere have demonstrated, a increased reporting of dishonest ment consultant Harry E. Chambers, whistleblower who reveals wrongdo- activities by employees who want to My Way or the Highway: The ing in the top levels of an organisation work for an honest administration. Micromanagement Survival Guide is invariably crucified. Such a policy would nip all corruption (San Francisco: Barrett-Koehler, The most outrageous example, in the bud, early, before it becomes 2004). This is a remarkably helpful which brought the situation to a crisis damaging. book. point, was the sacking of Gillian Chambers begins by describing Sneddon, the electorate officer who Peter Bowden micromanagement. blew the whistle on former NSW minister Milton Orkopoulos (who was Peter Bowden is President of the NSW Micromanagement is all about inter- subsequently convicted on 28 charges branch of Whistleblowers Australia. ference and disruption. It occurs including having sex with children). when influence, involvement, and The upper house in NSW, the interaction begin to subtract value Legislative Council, where the BOOK REVIEW from people and processes. It is the opposition has a majority, wanted perception of inappropriate interfer- improvements, and proposed an Resisting ence in someone else’s activities, inquiry into the Orkopoulos case, responsibilities, decision making, which would include the Mark Aarons micromanagement and authority. It can also be any and Paul Gibson affair, and the Brian Martin activity that creates interference treatment of the staff at the Iguanas with process, policies, systems, and night club. “However, Reverend the Some managers tell their subordinates procedures. Basically, microman- Hon. Fred Nile and members of the exactly what to do and how to do it agement is the excessive, unwanted, Shooters Party lent their support to the and then closely monitor details of counterproductive interference and Government and the matter will now execution. This may be necessary and disruption of people or things. (p. be referred to a joint committee” sometimes it is welcome but workers 14). (Hansard). The resolution on an often resent the intrusion. This sort of inquiry was passed in the upper house behaviour, called micromanagement, Micromanagement is certainly unwel- and sent on to the Legislative can be counterproductive because it come. Chambers reports on a survey in Assembly. inhibits workers from developing and which 79% of respondents said they The Government in the Legislative exercising their own capacities. It can had been micromanaged, with 37% of Assembly accepted the inquiry, also bog the organisation down in non-managers claiming it was because the alternative would be an unnecessary procedures. Microman- happening currently. The impact is inquiry into the much more damaging agers are commonly called control serious, with one-third saying they had Orkopoulos and Paul Gibson affairs. freaks. changed jobs because of microman- Whistleblowers Australia NSW in Micromanagement might be annoy- agement and two-thirds saying it had its submission to the government on ing or even soul-destroying, but is it a affected their performance and an even this second inquiry has made it clear concern for whistleblowers? Perhaps higher proportion saying their morale that the holding of this inquiry before not often on its own, but there are had suffered. the results of the first inquiry have some links. Micromanagement stymies Specific behaviours experienced been implemented looks suspiciously free and open discussion in workplaces included excessive requirements for

THE WHISTLE, #56, OCTOBER 2008 PAGE 13 approval, exertion of raw power, • You do not have to be a victim of recommendations by Judith Wyatt and controlling of time, and excessive micromanagement. Chauncey Hare in their book Work monitoring and reporting. For exam- • It is not about fixing “them.” Abuse, another really helpful manual ple, workers may be expected to attend • Focus on what the situation is, not (reviewed in the November 1998 issue meetings irrelevant to their jobs, to what it “should” be. of The Whistle). Wyatt and Hare’s prove they are busy, or to seek • Exercise influence over that which approach is built on “empowered approval for actions they should be you have influence over. (pp. 141- awareness” — understanding what is trusted to undertake on their own. The 142) happening — and “strategic utilisa- essence of micromanagement is tion”: setting goals, planning and control over how things are done. For a He then gets down to the nitty-gritty preparation, evaluating alternatives and micromanager, others have to do with CUP analysis, which involves taking action. Wyatt and Hare, like things “my way”— as in Frank identifying factors that you control, Chambers, say you should figure out Sinatra’s song — or to take the ones are totally beyond your control your own interests and the self- highway, in other words leave. and ones you partially control. You set interests of others and align them to aside the uncontrollables and concen- achieve your own goals without trate on the partially controllable threatening others. factors, developing strategies to What if these approaches don’t address them. A lot of this is under- work? What if the micromanager standing what drives the micromanager persists in damaging behaviours and learning how to respond to their despite your best efforts? Then it may needs, while catering for your own be time to leave or, if there are serious needs at the same time. problems, to figure out a way to resist or expose them. Dealing with micromanagers can be broken down into three steps: Frequently in dealing with micro- 1. Preemptive anticipation managers there is a temptation to 2. Preemptive anticipation “go over their head” to make others 3. (You can probably figure this aware of your problem and, step out for yourself.) (p. 158) hopefully, fix it for you. Be careful. When you go over the heads of By preemptive anticipation, Chambers micromanagers, you take a serious means finding out what information risk. No one ever wants people to micromanagers want and providing it go above them, especially the in advance, before it’s required. For micromanager who is driven by example, he suggests writing a fear, comfort, and confusion. Expect Monday morning update for your an intense, negative reaction and

manager, summarising your awareness probable retaliation if you do. This Though most workers and managers of key issues, reassuring them of your is a strategy of last resort; by going report having been micromanaged with commitment to those issues and your over their head, you are probably detrimental effects, hardly any believe commitment to deadlines. preparing your own exit from the they have micromanaged others. In Chambers has lots of other sugges- stage. (p. 156) short, micromanagers seldom realise tions. He gives considerable attention they are doing it. Chambers provides a to approvals: an excessive demand for Whistleblowers know, through questionnaire for self-assessment plus approvals is one of the common as- bitter experience, that simply speaking lists of informal indicators that you pects of micromanagement, sometimes out about problems may only lead to might be micromanaging, such as required by a particular manager and reprisals — and some of the reprisals “You ever told someone, ‘You are sometimes built into organisational can take the form of micromanage- responsible for this, but before you processes. ment. Therefore it is worthwhile make any decisions, be sure to check My Way or the Highway also has learning how to handle micromanaging with me’” and “Delegating authority to chapters for micromanagers to help behaviours. This can help whistle- others is as painful as gnawing off one them understand and address their own blowers to survive and, even better, of your own limbs” (p. 42). behaviours — or to help us, if we are may help change a workplace into a Understanding micromanagement is micromanagers — and for managers of more open and supportive environ- vital, but what is really important is micromanagers. ment, reducing the risk that problems dealing with it. Chambers presents Chambers’ recommendations make will arise in the first place. For these what he calls four realities. a lot of sense. His basic approach is to reasons, My Way or the Highway is

understand what is happening and then well worth close study. work with the micromanager to find shared commitments that can be Brian Martin is editor of The Whistle. achieved without controlling behav- iours. I saw parallels with the

PAGE 14 THE WHISTLE, #56, OCTOBER 2008 WBA conference and annual general meeting

Whistleblowers Australia “Australia’s forgotten Whistleblowers Australia national conference and generation: the AGM and workshops annual general meeting whistleblowers” Conference Sunday 7 December Dates Saturday-Sunday, 6-7 December Saturday 6 December 9.30 for a 10am start 2008 10 to 12.30pm: AGM 1.30 to 3.30pm: Member interest 8.30am Registration Venue workshops and discussions

University College, University of 4.00pm Close 8:55 Opening Melbourne.

University College is located in 9.00–10.15 Session 1 Parkville, on the corner of College Nominations for national The cold cases of whistleblowing Crescent and Royal Parade, 10 committee positions must be 9:00 Bill De Maria, U Queensland minutes from Melbourne's CBD, 5 delivered in writing to the national 9:45 Discussion minutes from Lygon Street and 25 secretary (Cynthia Kardell, 94 minutes from the airport. The Copeland Road, Beecroft NSW 10.15 Morning tea break conference venue can be viewed at 2119) at least 7 days in advance of www.unicol.unimelb.edu.au; the AGM, namely by Sunday 30 10.30–12.30 Session 2 follow the link to the conference. November. Nominations should be Whistleblowing legislation signed by two members and be 10:30 Mark Dreyfus, Chairman Accommodation accompanied by the written House of Representatives Accommodation can be arranged consent of the candidate. Standing Committee on Legal directly with University College, and Constitutional Affairs University of Melbourne for the Proxies A member can appoint 11.15 Discussion nights of Friday December 5 and another member as proxy by giving 11:30 Kim Sawyer, The False Saturday December 6. A bed and notice in writing to the secretary Claims Act breakfast rate of $47 per person (Cynthia Kardell) at least 24 hours 12:15 Discussion (college room with shared before the meeting. bathroom) or $57 per night (room Proxy forms are available at 12.30–1.30 Lunch with ensuite) will be offered to http://www.whistleblowers.org.au/ conference participants. const/ProxyForm.html. No member 1:30–3:00 Session 3 To book, contact Kim Sawyer at may hold more than 5 proxies. The right to know [email protected] or 1:30 Right to Know Coalition 03-8344 8061. 2:15 Discussion

Registration 3:00 Afternoon tea break $45 Saturday conference

$80 Saturday conference plus 3.15–4:30 Session 4 Sunday AGM Whistleblowing and the private

sector 3:15 Wayne Bruce, CEO Stopline 4:00 Discussion

4:30–5:45 Session 5 Whistleblowing and bullying 4:30 Evelyn Field, Bullying.com 5:15 Discussion

5:45–6:00 Conclusion

THE WHISTLE, #56, OCTOBER 2008 PAGE 15 Whistleblowers Australia contacts Correction

Postal address: PO Box U129, Wollongong NSW 2500 The July issue contained a story about whistleblower Karen New South Wales Smith. Due to my mistake, the photo accompanying the “Caring & Sharing” meetings We listen to your story, story was incorrect. Below is the beginning of the story and provide feedback and possibly guidance for your next few a photo of the Karen Smith referred to in it. — Brian Martin steps. Held every Tuesday night at 7.00pm, Presbyterian Church (Crypt), 7-A Campbell St., Balmain 2041. Jessica Train, “Local whistleblower’s plight is constant Contact: Cynthia Kardell, phone 02 9484 6895, fax 02 - thorn in her side,” Bayside and Northern Suburbs Star, 9481 4431, [email protected] 7 May 2008, p. 6 Website: http://www.whistleblowers.org.au/ The plight of whistleblowers — those who speak out about abuses or concerns in their workplaces — is a prickly thorn Goulburn region: Rob Cumming, phone 0428 483 155. in the side of Governments and those in power and the Wollongong: Brian Martin, phone 02 4221 3763. ramifications for an employee are numerous, as local Website: http://www.uow.edu.au/arts/sts/bmartin/dissent/ resident and Advanced Assistant in Nursing Karen Smith is

Queensland: Feliks Perera, phone 07 5448 8218, well aware. [email protected]; Greg McMahon, phone 07 3378 Four years ago Ms Smith became a whistleblower when she complained about alleged patient abuse at Eventide 7232 (a/h) [also Whistleblowers Action Group contact] Nursing Home in Brighton. South Australia: John Pezy, phone 08 8337 8912

Tasmania: Whistleblowers Tasmania contact: Isla MacGregor, 03 6239 1054

Victoria Meetings are normally held the first Sunday of each month at 2.00pm, 10 Gardenia Street, Frankston North. Contacts: Stan van de Wiel, phone 0414 354 448; Mervyn Vogt, phone 03 9786 5308, fax 03 9776 8754.

Whistle Editor: Brian Martin, [email protected], phones 02 4221 3763, 02 4228 7860. Address: PO Box U129, Wollongong NSW 2500. Associate editor: Don Eldridge. Thanks to Cynthia Kardell and Patricia Young for proofreading.

Karen Smith To contact Ms Smith email [email protected]

Whistleblowers Australia membership

Membership of WBA involves an annual fee of $25, payable to Whistleblowers Australia, renewable each June. Membership includes an annual subscription to The Whistle, and members receive discounts to seminars, invitations to briefings/ discussion groups, plus input into policy and submissions. If you want to subscribe to The Whistle but not join WBA, then 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]

PAGE 16 THE WHISTLE, #56, SEPTEMBER 2008