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The Whistleno. 96, October 2018 “All that is needed for evil to prosper is for people of good will to do nothing”—Edmund Burke The Whistle No. 96, October 2018 Newsletter of Whistleblowers Australia (ISSN 2205-0299) Reality Winner, imprisoned whistleblower Articles National Appreciation Day. The Senate resolu- tion encourages US federal agencies to Whistleblower Day inform IN 1777, ten sailors and marines from employees, contractors working on the ship Warren petitioned the US behalf of United States taxpayers, Continental Congress — the precursor and members of the public about the of the US Congress — to take action legal rights of citizens of the United against their commander, the first States to “blow the whistle” by commodore of the US Navy, who they honest and good faith reporting of alleged was war profiteering and misconduct, fraud, misdemeanors, mistreating prisoners of war. Congress or other crimes to the appropriate supported them, including when the authorities. commander took them to court. On July 30 the following year, the The resolution also acknowledges the US Continental Congress unani- After Whistleblowers Australia formed contributions whistleblowers have mously: in 1991, we were in contact with the made, at their own personal risk, NWC to support Australian whistle- “combating waste, fraud, abuse.” Resolved, That it is the duty of all blowers from the late 1980s, those who The US Congress has not yet desig- persons in the service of the United had forced the 1989 Queensland nated July 30 as National Whistle- States, as well as all other the in- Fitzgerald Inquiry and ones who later blower Day on a permanent basis. The habitants thereof, to give the earliest led to the 1995 NSW Police Royal NWC continues to campaign for this to information to Congress or other Commission. By 1994, the govern- happen. proper authority of any misconduct, ments of New South Wales, South July 30 marks the fourth year that frauds or misdemeanors committed Australia and the Australian Capital Whistleblowers Australia has hon- by any officers or persons in the Territory had enacted Australia’s first oured and thanked those whistleblow- service of these states, which may whistleblower protection laws. ers who have spoken truth to power come to their knowledge. with incredibly good results for all of society, for example those arising out of the banking royal commission. It isn’t possible to thank everyone individually, but you know who you are and, in honouring the few, Whistleblowers Australia would like to honour you all. Thank you Fazal Ullah, Lynn Simpson, Jeff Morris, Ben Kohl, Brett Strong, Maryanne Slattery, Sharon Kelsey, Rick Flori, the “bushie” who gave us the cabinet files leak, Witness K and lawyer Bernard Collaery, John Lawrence, “Save the Children” whistleblowers, Xanana Gusmao and friends SBS, ABC TV Eighty-five years after that resolution, By 2015 the NWC was celebrating and radio, and Fairfax media. in 1863, the Congress adopted the first July 30 as their National Whistle- US False Claims Act to specifically blower Day. We joined with them in Cynthia Kardell protect the whistleblowers who tried to the same year, wanting to help President, Whistleblowers Australia combat fraud committed by suppliers promote modern day whistleblowing of the US government during the more globally. American Civil War. The NWC celebrates July 30 as a However, the Act didn’t really day for “those who raise their voice in come into its own until after 1986 the name of combating fraud, when substantial amendments were corruption, and other crimes, even in made to establish a major federal fraud the face of great adversity, and the prevention strategy. Two years later, strength of their conviction and the National Whistleblower Centre dedication to the truth.” (NWC), a whistleblower and legal This year, the US Senate designated support organisation, was formed. July 30 as National Whistleblower 2 The Whistle, #96, October 2018 Understanding and The researchers emphasise the limi- seriously. Australian governments, tations of their study. For example, of when drafting whistleblower laws, responding to 250 invitations sent to email addresses seldom consult whistleblowers. One victimisation of provided by STOPline, only 19 people interpretation is that governments like responded and, of these, only 12 were to be seen to be doing something, so whistleblowers interviewed. There was a better re- they pass a law that gives the impres- sponse to invitations sent to members sion of providing protection even In May, a team of researchers reported of Whistleblowers Australia, with 24 though the laws don’t work in practice. on their study of Australian whistle- individuals interviewed. There’s no blowers, focusing on reprisals and way of knowing what the non- ways to deal with them. The team responding whistleblowers would say, interviewed whistleblowers who re- but it’s plausible that those who replied sponded to an invitation. One set of represent more serious cases. invitations was sent to members of The findings of the research are in Whistleblowers Australia, the other to tune with views presented by Whistle- people who had made disclosures to blowers Australia for many years. A the service STOPline. key finding is the lack of support for whistleblowers. An enduring theme arising from There is no guarantee that whistle- interviews was the lack of welfare blowers have the solution to the and support for whistleblowers. problems they confront. The ideal This was particularly emphasised by might be to learn from managers and those who dealt with whistleblowers workers who have fostered cultures some of whom said that support was that support speaking out about either absent or inadequate, apart problems as a routine behaviour. from general workplace counselling Nevertheless, whistleblowers have and welfare services that were good ideas about what not to do, and provided by some organisations. that’s a good start. None of those interviewed, be they If you’re up for reading research whistleblowers or those who dealt about whistleblower victimisation, this The study team was Inez Dussuyer, with them, indicated that the pro- is a report worthy of study. If this Russell G Smith, Anona Armstrong tections offered by whistleblower sounds too hard, just read the case and Kumi Heenatigata. The study legislation were effective in pre- studies, conveniently highlighted findings are presented at considerable venting and deterring acts of retali- throughout the report. If you’ve suf- length in a report to the Criminology ation and reprisal. (p. 8) fered reprisals, you’ll soon learn that Research Advisory Council, which has you’re in good company. a convenient executive summary, and Another key finding was that whistle- in an article by Dussuyer and Smith in blower legislation doesn’t work very The report: the May issue of the Australian well. http://crg.aic.gov.au/reports/1718/23- Institute of Criminology’s publication 1314-FinalReport.pdf Trends & issues in crime and criminal None of the persons interviewed, The article: justice. whether they were whistleblowers https://aic.gov.au/publications/tandi/ta The researchers, as well as inter- or those dealt with them, perceived ndi549 viewing whistleblowers, also inter- current legislation as being effective viewed whistleblower advisers — in preventing victimisation … More Brian Martin those, like some office bearers in often it was improvements in Vice President, Whistleblowers Whistleblowers Australia, who have management and workplace culture Australia talked to lots of whistleblowers. that were identified as being more For many whistleblowers, the find- beneficial. Interviewees stressed the ings will be no surprise: reprisals are need for workplace policies that are common and have significant adverse in place to be actually implemented impacts. Also, whistleblower laws and complied with, as well as more don’t provide much protection. practical welfare support being The reports provide lots of valuable made available to whistleblowers. detail, especially brief whistleblower (p. 9) stories. If you are caught up in your own case, it can be illuminating to see The most encouraging thing about this wider patterns and recognise the simi- report is that the researchers talked larities with other cases, but also any with whistleblowers and with whistle- special features of your own case. blower advisers and took their views The Whistle, #96, October 2018 3 Whistleblowers Evil, published in 2005. “Man” in the An ecologist, looking at the inter- title refers to the human species. play between species, might say that versus evil Bartlett is concerned about problems in humans are noxious, like a weed that Brian Martin our species so fundamental and so can’t be controlled. Humans are con- damaging that they can be called a cerned about the damaging effects of Whistleblowers encounter some of the pathology, or in other words a disease. plants like lantana or animals like the worst aspects of human behaviour. cane toad, but these species are only First, they see some problem, such as beginners at causing damage compared corruption, abuse or danger to the to humans. public. In nearly every case, this Bartlett gives the label “evil” to involves someone doing the wrong voluntary human thinking and behav- thing, causing damage to others. iour that seriously harms happiness, Whistleblowers don’t turn away: they health and life itself. But you don’t decide to say something about it. have to use the word evil: you can just Second, they observe that few oth- refer to violence, cruelty, exploitation ers speak up. In most cases, there are and destruction. Just read history lots of bystanders who know about the books, or watch the news, and you’ll problem but are afraid or indifferent, find plenty of evidence. and allow the problem to fester. So what is going on to cause Third, they suffer reprisals. For humans to be so harmful to each other doing the right thing, whistleblowers and to the environment in which they regularly experience ostracism, ru- live? Bartlett has a radical view.
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