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

Whistle No. 75, July 2013

Newsletter of Whistleblowers

Media watch

PS workers face more misbehaviour, including conduct on Overall, the centres have received Twitter and Facebook. A new clause budget cuts from the PPF component scrutiny of behaviour will make employees liable if they of 10 per cent across the board and Noel Towell have not acted with honesty and in- more for specific programs such as for Canberra Times, tegrity during the hiring process. training, the Aboriginal legal access 27 May 2013, pp. 1–2 Employees can now be disciplined for service and the child support access misconduct action … where a person service. NEW information-sharing powers for has provided false or misleading Legal Aid has also received a $10 public service bosses will mean federal information in connection with their million budget cut for next year. government workers face more scru- engagement as an APS employee, i.e. What is as troubling as the shrink- tiny of their behaviour, attendance and pre-commencement misconduct, ac- age of funding for the most disadvan- even web browsing. Looming public cording to the advice. taged is a state government edict that sector legal reform will allow senior The code of conduct will apply in whatever money is available is condi- management to share workers personal connection with the employee’s em- tional on a cut in the free speech of the information across agencies for use in ployment, rather than only in the CLCs. misconduct investigations and hiring course of employment, with the This little provision is set out in a decisions. commission pledging that the code will government document called “Princi- The new powers are part of a suite not seek to regulate employees’ private ples for Funding of Legal Assistance of changes to the Public Service Act lives. Bosses would have to prove a Services” and it says “funding will not that will give the bureaucracy a much genuine link between the worker’s job include activities which may reasona- tougher disciplinary edge from July 1. and their behaviour before any bly be described as political advocacy Under the new rules, an agency head punishment could take place. Sanc- or political activism”. This includes may use personal information where tions available vary from a simple lobbying, advocacy by “traditional and the use is necessary or relevant to the reprimand through to fines, demotions social media”, rallies and demonstra- exercise of the agency head’s power as and dismissal. tions for “causes seeking changes to an employer, a considerable widening government policies or laws”. of the scope of the rules. This affects some CLCs more than Previously, bosses were allowed to others. CLCs that are advocating law use or share personal information only Cash for no comment reform are much more worried about when they could show it was neces- tramples free speech the fallout from the no lobbying, no sary. But from July, information about Richard Ackland campaigning requirements. an employee’s misconduct record and Sydney Morning Herald, any sanctions imposed could be used 31 May 2013, p. 33 when considering a job application, promotion or a move between ag- BEND over and take your cuts. The encies. headmaster is dishing out the cane to a variety of backsides, most of whom don’t deserve any punishment at all. The law and justice community is not immune from the pounding. Front- line community legal centres (CLCs) are the latest to be whacked, with cuts ranging from 27 per cent for the Environmental Defenders Office —

punishment for taking action against Information supplied as part of a job mining interests? — to 18 per cent for application could be retrieved and used the Public Interest Advocacy Centre — in misconduct investigations and com- punishment for a big disability case puter log-in records could be used to against RailCorp? There are some salutary examples on check if a worker is showing up to CLCs are organisations that repre- hand. The south-west Sydney and work or accessing unauthorised re- sent the most vulnerable and disad- Marrickville legal centres are jointly cords. Personal information could also vantaged. To a large extent they take involved in a project directed at what be used to detect the use of inappropri- the pressure off Legal Aid with civil they regard as unfair practices by ate websites. and family law work and are partly private car parking operators. They say Other changes to the public service funded through the Commonwealth, there are about 200,000 car owners code of conduct will extend bosses’ Legal Aid’s budget and a milch cow who have been subject to relentless power to punish staff for off-the-job called the Public Purpose Fund (PPF). and “questionable” debt collection

2 The Whistle, #75, July 2013 methods. To remedy the situation “outrageous … and anti-democratic” The pint-sized Manning arrives at involves lobbying relevant government policy. court some mornings sandwiched officials. The “no pay if we don’t like what between two seemingly enormous CLCs were also active in lobbying you say” agenda is not confined to the military guards, and so looks more like for reform of legislation affecting Liberals. Late last month the Gillard a schoolboy being hauled before the tenants in boarding houses. Many government stumped up $350 million headmaster. And arguably he has given others have repeatedly raised concerns of industry help for the Tasmanian the “headmaster” what he wants — in about injustices in the bail laws. The logging industry. admitting that he leaked the 700,000- Illawarra Legal Centre is running a It is part of a restructure subsidy, plus diplomatic and military papers he class action against the Common- compensation for displaced workers, has pleaded guilty to about half of the wealth in relation to the alleged paying out forest contracts and charges against him and says he’ll do ineffectiveness in collecting child sup- managing new timber reserves. All 20 years in jail. port and child maintenance through the very good. Nope. The prosecution is pressing Child Support Agency. However, there is also what is ahead, determined to see Manning The state did request the Common- known as a “durability” clause in the convicted on the charge that he wealth add the same free speech funding contract, which requires the “helped the enemy,” which is punish- restrictions to its funding agreements, environmental movement stop pro- able with death, but in the case of the but Attorney-General Mark Dreyfus testing about native forest logging. The former military intelligence analyst, refused. Australian Financial Review drew the prosecution says it would settle for Consequently, an attempt to run a attention to this free speech stomp, but life behind bars with no chance of media campaign to publicise the child it has gained little traction elsewhere. parole. support issue may not attract official Not only are Conser- reprisal. vation Foundation, the Wilderness NSW’s “principles for funding” Society and Environment Tasmania follow an unhappy history of govern- expected to lay down their placards, ment outlays being made conditional but they are supposed to silence other on recipients keeping schtum. Even protesters. though Liberals have now redecorated Prime Minister Julia Gillard said as themselves as the saviours of free much herself: “The obligation is on the speech, it was a particular device in signatories … to do everything they vogue during the Howard era. can to use their abilities to silence

You might remember that, at one those who haven’t gone with the Bradley Manning point, in order for charities to qualify mainstream consensus.” for GST education and training fund- Richard Denniss, of the Australia The question then, is why? ing, they were asked not to criticise the Institute, says the consequence of Media lawyers see it as an attempt GST. A clause in the training contract disobedience is that if either house of to establish a chilling precedent — a said organisations must favourably the Tasmanian Parliament believes warning to all would-be leakers of acknowledge the contribution of the there has been a “substantial active national security information that they Commonwealth. protest” then forest reserves will be would be risking lengthy solitary Then, in 2003, the Howard govern- reopened for logging. confinement, as endured by Manning, ment recruited the IPA (Institute for We’re on the threshold of an excit- and the prospect of death or spending Paid Advocacy) to do a study of ing new era — cash for no comment. the rest of their life in jail. welfare and aid organisations who Describing as “ruthless” the admini- received Commonwealth money. The stration’s pursuit of “anyone who government was seeking to create new One man releases any information or talks about requirements about “acceptability” for government malfeasance or the abuse funding or tax breaks. faces the machine of power,” former US Army colonel Then treasurer Peter Costello also Bradley Manning’s treatment is a and diplomat Ann Wright told Fairfax raised the spectre of tax penalties for warning to all would-be leakers that Media: “The government wants to put charities that offended government they risk death or life in jail, writes an end to whistleblowing.” sensibilities. Paul McGeough. The “helping the enemy” charge is The latest development is opposi- Sydney Morning Herald, under the 1917 Espionage Act — used tion foreign affairs spokeswoman Julie 8 June 2013, News Review p. 10 just three times in its first 92 years, but Bishop’s campaign to turn off gov- used six times in Obama’s first term as ernment dollars for individuals or THE Obama administration is going for president. organisations that speak out against broke in the case of Bradley Manning, Manning’s court martial coincides Israel, specifically those who publicly the perpetrator of the biggest leaking with a realisation by many Americans support the Boycott, Divestment and of classified documents in US history of two surprising aspects of the Obama Sanctions campaign. — but at the end of the first week of presidency — it is intensely secretive Three Australian-Jewish academics the trial, it seems that Washington is and more zealous than any of its have said they deplore Ms Bishop’s flogging a dead horse. predecessors in guarding that secrecy.

The Whistle, #75, July 2013 3 Here, the government appears to be remote from the balance struck in the American or any of their Iraqi and relying on a level of public apathy that Pentagon Papers case. Afghan helpers to the Manning leaks. dovetails with the military notion that, On the one hand, there was Justice The prosecution has marshalled a more often than not, the military does Potter Stewart: “It is elementary that small army of witnesses — more than not have to explain itself. the successful conduct of international 140. But some of the first dozen or so None of this sits easily with the diplomacy and the maintenance of an spoke well and constructively of notion that this is the President who effective national defence require both Manning or offered insights that first campaigned to be Commander-in- confidentiality and secrecy.” And on complicated life for the prosecution Chief telling Americans that he would the other, Justice Hugo L. Black: “The more than they did for the defence. be the whistleblowers’ new best friend guarding of military and diplomatic “Very neatly organised, very cate- and that he would preside over “a new secrets at the expense of informer, gorised — I’ve seen a lot of soldiers era of open government.” representative government provides no but not to his level,” said Chief Oddly the US media is not hugely real security for our republic.” Warrant Officer Hondo Hack, de- interested in the Manning trial. Reports The trial itself is an exercise in scribing Manning as one of the best on the opening could not command military-minded secrecy — reporters soldiers to work under his command. page one in The New York Times or and the public are made to jump There was a major embarrassment The Washington Post, despite both through hoops merely to be present; for the prosecution when one of newspapers incurring the legal wrath and for as many as one-third of the Manning’s senior analyst colleagues of the Nixon administration in the prosecution witnesses, the press and revealed they had not been warned previously most celebrated case of spectators will be ordered out of the about websites that al-Qaeda and the leaks and government secrecy — the court; photographers outside the court other insurgent groups used as sources Pentagon Papers sensation of 1971. are blocked from getting images of of information. Back then Washington pursued the Manning; photographs and documents “It is general information that they publishers — which were newspapers. tendered in court are withheld, to be go on all sorts of websites,” Captain And newspapers were critical in pub- released seemingly at the whim of the Casey Fulton explained before rattling lishing the contents of Manning’s data court or its staff. off a list that included Facebook and dump, but this time there was a vital And on the opening day of the trial, Google — but not WikiLeaks. middleman — the WikiLeaks anti- here, in the land of free speech, US It remains to be seen if Fulton’s secrecy entity, founded by Australian Army guards at the court ordered evidence will be deemed to be above Julian Assange. Manning supporters to turn their or below the bar set by the judge when “truth” T-shirts inside-out before she ruled in a pre-trial decision that the allowing them into the tribunal. prosecution must show that Manning In the Manning case, Military Judge had “actual knowledge” of himself Colonel Denise Lind gives away little. “actually giving intelligence to the Some thought a smile creased her face enemy” through “a third party, an when she addressed the defendant on intermediary or in some other indirect the opening day, but Manning support- way.” ers are more struck by the fact that she had allowed just one of about 100 defence motions in proceedings to The prevailing atmosphere might be date. expected to put air beneath the wings However, she had issued a prelimi- of the Manning defence — the Obama nary ruling in which she deemed the administration is under fierce attack extent of any damage caused by the because of overly zealous snooping by Manning leak to be immaterial. the taxman; its rottweiler-like pursuit Government spokesmen, including of leakers, which includes seizing former secretary of state Hillary reporters’ phone records and describ- Clinton, would have us believe that the ing the conventional practice of jour- sky fell in the aftermath of the stag- nalism as breaking the law — either by gered leaks, but when the rhetorical conspiring with a leaker or by aiding angst was put to one side, it seemed and abetting them. that the consequence of the leaks was

In the same vein, the trial proceeds limited to a hefty dose of embarrass- In particular, the prosecution had to against a backdrop of bipartisan ment in Washington. show that Manning had “a general evil political anger at the shortcomings of No American supporter of democ- intent” and to have been aware that he the military justice system in dealing racy could complain about their was “dealing, directly or indirectly, with endemic sexual abuse and purported role in firing up the anti- with an enemy of the US.” In this the harassment across all arms of the regime resentment that fuelled the judge seems to agree with Bill Keller, services. Arab Spring revolutions and by its a former managing editor of The New For all that, this trial and the aggres- own admission, Washington has not York Times, when it was one of several sive posture of the White House are been able to link the death of any

4 The Whistle, #75, July 2013 newspapers worldwide that teamed up helpful to the enemy is also indispen- tions in The Courier-Mail and The with WikiLeaks to publish the sable to the public in a functioning Sunday Mail. Manning leaks. democracy.” Our reporting forced an investiga- This year Keller was withering tion by the Crime and Misconduct when he wrote of the prosecution: “If Commission and a series of inquiries Manning’s leak provided comfort to and reviews by retired judges, doctors the enemy, then so does every news State takes the lead and nurses. story about cuts in defence spending, by exposing quacks They all found evidence of wrong- or opposition to drone strikes, or in our health system doing. setbacks in Afghanistan.” Des Houghton Cases of doctors engaging in con- Did Manning ever say that he The Courier-Mail, 20 April 2013, p. 60 duct ranging from criminal negligence wanted to “help the enemy” — “not in to gross incompetence and laziness those words, no,” said the convicted were revealed in documents tabled in I WAS proud to be a journalist this hacker Adrian Lamo, to whom week. Parliament. Manning had first owned up to the In an unprecedented move, the It was hardly news to readers of The leaking and who, within 24 hours, had entire medical board will be axed. Courier-Mail. dobbed him in to military intelligence. Queensland will get a specialist health The inquiries all pointed in the same And surely there was some evidence ombudsman. direction: Queenslanders were let of Manning’s terrorist tendencies on This follows a long campaign by down by the system, public and his computers? Mark Johnson, a foren- this newspaper to expose incompe- private. sic digital examiner on contract to the tence and wrongdoing by medical The latest inquiry made some aston- US military, said that none of the practitioners. ishing findings. material found on the computers We could not have reported the An investigative panel headed by related to terrorism or “indicate a tragedies and cover-ups without a barrister and former intensive-care hatred of America.” handful of courageous whistleblowers nurse Kim Forrester reported that in Former army colonel Ann Wright who dared to tell the truth. one case it took 2368 days, or nearly 6 works with the Bradley Manning Toni Hoffman and Christine 1/2 years, to reach a decision following Support Network but is not privy to the Cameron are career nurses while Jo a complaint. defence’s deliberations, said of the Barber was a medical board investi- The Forrester report tabled in week’s evidence: “No one has been gator and a former detective. Parliament said 60 per cent of the files able to link Manning to wanting to get Each had a burning desire to tell the it examined were not handled in a stuff to Osama bin Laden.” truth about failures in the medical manner that was timely and/or appro- system that caused harm to patients in priate and/or in compliance with their care. legislative objectives. They were brave enough and Give the Borg his due. He acted impolite enough to point out the health swiftly. watchdogs had no teeth. Previous health ministers who must Health Minister Lawrence Spring- have known of many of these gross borg and AMA [Australian Medical failures either turned a blind eye, Association] chief Dr Alex Markwell buried their heads in the sand or used the same phrase recently when shoved the cases in the too-hard basket they said many genuine complaints — pick your own cliché. Ann Wright “fell through the cracks.” We’ve been saying that for years. But she took little comfort from the Now Parliament has been told that seemingly powerful testimony, saying: five doctors face prosecution. “I expect the judge will find him guilty The whistleblowers all suffered for — and then there will be appeals that speaking out. will last for years. The thinking in the By doing so, they did much more military establishment is if she doesn’t than provide comfort to the walking put him away for a long time, then wounded and families who lost loved she’s not doing her job.” ones to medical blundering. Intriguingly, the government is The whistleblowers succeeded in limiting its sense of the potential changing the system. audience for the WikiLeaks material to Springborg this week moved to terrorists — “the enemy.” Observing demolish the Queensland Board of the Lawrence Springborg the trial, American Civil Liberties Medical Board of Australia, one of the

Union lawyer Ben Wizner found this bodies which investigates complaints. striking, citing the Abu Ghraib torture Springborg said victims of medical The dramatic changes to the mishaps had been treated appallingly. pictures as he told The New York administration of health complaints in Times: “Sometimes what may be this state followed malpractice revela-

The Whistle, #75, July 2013 5 He used words such as “disturbing” dling and investigation system,” he mounted. Eventually, the whistleblow- and “outrageous.” said. ers went to ASIC in person — a move The Forrester report was tabled It’s not the end of this story; it’s just that finally sparked action. alongside the findings of senior lawyer the beginning. Their actions helped ensure CBA Jeffrey Hunter, who recommended that clients received more than $36 million police consider criminal charges in compensation. But it left the whis- against six medical practitioners. tleblowers stressed and disillusioned. “These reports paint a deeply Warning: ASIC has defended its performance disturbing picture of dysfunctionality blowing the whistle in a “large and complex matter,” in the handling of health-related could mess up your life saying its action against CBA’s complaints,” Springborg said. In the US, the law is geared to protect planning division was a “landmark “In a majority of cases, delays and reward informants, but in achievement.” meant that doctors … continued to Australia, they end up jobless and But a member of the group, Jeff practise without their competency traumatised, writes Ruth Williams. Morris, remains unimpressed. “When being assessed and in the absence of Sydney Morning Herald, you choose to tread the path of the safeguards, supervision or monitor- 15 June 2013, pp. 6–7 whistleblower, you knowingly take ing.” arms against a sea of troubles. What The Forrester report also was a you don’t expect though is for the odds WHEN US nurse Laura Davis first trig- stinging rebuke of the role of the gered concerns her employer, Dialysis against you to be lengthened by a Australian Health Practitioner Regula- Corporation of America (DCA), was Monty Pythonesque regulator.” tion Agency, a federal body. overbilling taxpayers for medicines, Morris’ frustrations are echoed by Said Springborg: “In relation to the she was greeted with puzzlement by other Australian corporate whistle- appropriateness of decisions, the her colleagues. blowers and their supporters, who say Forrester panel found clear evidence “Laura Davis raised concerns … the system — including the whistle- that in processes followed by AHPRA, internally, but no one listened to her,” blower protections in place under the the Medical Board did not provide her lawyer, Stephen Hasegawa, said Corporations Act — actually discour- adequate protection for the public.” last month. “They thought she was a ages action and inflicts considerable He said work on the two reviews little strange to care that the govern- stress on those who do come forward. was delayed when AHPRA and the ment was being overcharged.” The list of corporate blow-ups in Medical Board initially declined to So Davis took matters into her own Australia sparked by or involving release the relevant files due to confi- hands. After engaging a no-win, no-fee whistleblowers is long and spectacular dentiality and privacy concerns. law firm, she pursued the company on — Coles Myer-Yannon, AWB [Aus- “I will discuss the ramifications of behalf of the state — the right of every tralian Wheat Board] and oil-for-food, these findings with my fellow state would-be whistleblower in the US. NAB’s [National Australia Bank’s] health ministers and the Common- After hearing her story, the US rogue traders, and Multiplex’s wealth Minister,” Springborg said. Department of Justice stepped in and Wembley Stadium debacle to name a So federal Health Minister Tanya joined the lawsuit. Last month, it few. Plibersek has now been dragged into announced DCA had agreed to pay Several of these scandals sparked the controversy. $US7.3 million ($7.7 million) to settle significant corporate law and regula- Will she insist AHPRA explain why the action. tory reforms. it initially refused to co-operate with And Davis? She collected more than Yet Morris and his fellow CBA the Queensland investigations? Did the $US1.3 million for her trouble. whistleblowers — who dubbed them- delays cause further suffering to In 2008, the same year Davis began selves “the ferrets” — were just the patients? her legal action, a group of whistle- latest to be left bruised by their And what is happening in other blowers in Australia contacted the experience. states? No one could believe the only corporate regulator here about a case Often “their careers are destroyed, incompetent doctors practise in Queen- of alleged misconduct. no question about it,” says Kim sland. It’s a national problem. As detailed in a BusinessDay inves- Sawyer, from the department of Springborg said legislation to create tigation this month, they tipped off the historical and philosophical studies at a national regulatory scheme for health Australian Securities and Investments the University of Melbourne. “It means professions across Australia sup- Commission (ASIC) about the activi- there’s such a disincentive for people planted state-based arrangements in ties of former Commonwealth Bank to blow the whistle.” 2009. (CBA) financial planner Don Nguyen, Morris says: “It would take an He has expressed doubts about the who was eventually banned from impossibly good man to be a whistle- federal agency’s transparency and working in financial services. blower under the current system unless accountability. But after sending a detailed, anony- they are acting in ignorance.” “There is much to gain from a mous fax to ASIC in 2008, nothing A recent example was Brian Hood, uniform national approach to creden- happened. They then tried sending who exposed corruption at the Reserve tialing and registration. But it has to be letters and emails. The regulator sat on Bank’s currency printing subsidiaries. underpinned by an effective and the information for 16 months, as the He was ignored and victimised after accountable complaints referral, han- losses suffered by the planners’ clients sparking concerns internally, and then

6 The Whistle, #75, July 2013 forced out of his job. He told the as “poorly regarded and rarely used,” best be adapted for the Australian legal Melbourne Magistrates’ Court last year saying they contained “fundamental context,” a spokesman said. “The of the “relentless pressure” and stress shortcomings.” department has undertaken consulta- he was under, and the “friction” in his The laws prevent former employees, tion with key stakeholders regarding dealings within the company. “I was for example, from claiming protection, this issue.” becoming increasingly isolated,” he along with business partners and The opposition declined to say said. anyone wishing to act anonymously. whether it would consider new laws, or A consultation process was whether it believed reforms were launched, along with a Treasury paper needed to better serve corporate whis- that itself criticised the protections in tleblowers. “We have made no such place — especially a requirement that announcement,” a spokesman for whistleblowers must be acting in shadow attorney-general George “good faith” to receive protection. Brandis said. “The Coalition’s policies Originally intended to prevent mali- will be announced between now and ciously fabricated accusations, this rule the election.” “exaggerates the importance of mo- The police association has been tive,” Treasury argued, and left urging both parties to examine False victimised and aggrieved employees Claims Act-style laws since 2010, vulnerable to having their motives believing they could be a valuable new questioned. tool to combat corruption and fraud in Brian Hood Yet it went nowhere. The consulta- government contracts.

tions “did not reach consensus on the “If [fraud] has been carefully Whistleblowers Australia national need for or form of further reforms,” a orchestrated in the first place, it’s very president Cynthia Kardell says, “I spokesman for Bernie Ripoll, parlia- hard to detect — it’s only through don’t think people generally under- mentary secretary to the Treasurer, someone coming forward that we’d stand that whistleblowing is a harrow- said this week, adding that “there was even know about it,” national president ing business. It changes your life also little evidence to suggest that the Jon Hunt-Sharman says. forever.” existing [framework] was not operat- “People are reluctant to come Jeff Simpson, an accountant who ing as intended.” forward about private companies tried to warn the prudential regulator Ben Phi says those who do come because they risk losing their jobs. of the goings-on at HIH before its forward are often kept in the dark This counteracts that by saying you spectacular implosion, says, “The about what is happening with their might lose your job but you will be people who stand up just get belted up evidence. compensated for being honest.” for it through the legal process.” It is, he says, a “common com- The Tax Justice Network, a not-for- Ben Phi, a lawyer with Slater & plaint,” and one voiced by Morris and profit group that campaigns for tax Gordon who has worked with whistle- the ferrets at CBA. reforms, believes similar laws could blowers, says, “You are essentially A further issue is that whistleblow- crack open significant cases of tax asking private individuals to step up ers who provide evidence for class evasion through the use of havens and and be a hero. It is not conducive to an action suits are not protected at all, shell companies. environment that encourages people to leaving them vulnerable to injunctions come forward and report wrongdoing.” and being sued for breach of con- Protection for public servant whis- fidence. tleblowers has come under scrutiny in The government and the opposition recent years, as the federal government are being urged not only to better has edged forward on promised new protect corporate whistleblowers, but laws that are now before Parliament. also to consider paying them. The But the protections offered to pri- Australian Federal Police Association, vate sector whistleblowers under the the Tax Justice Network, whistle- Corporations Act were last updated in Advocacy and support group Whistle- blower supporters and academic ex- 2004, despite the Rudd government blowers Australia hopes it can change perts are among those calling for new talking up potential reforms in 2009. the way informers are perceived and laws modelled on the False Claims Act The laws protect whistleblowers treated. “It would give the whistle- — the US law used by Davis, and who come to ASIC from being sacked, blower a far better image, and it would hundreds of other whistleblowers, to and from criminal and civil liability — encourage people to come forward if help recoup billions of dollars for the including potential breach of confi- they could be seen not as a grubby US government. dentiality suits. dobber but as someone assisting an The idea is being looked at by the But in 2009, the Rudd government inquiry,” Kardell says. Attorney-General’s Department. revealed that just four whistleblowers “The [department] is currently con- in five years had claimed protection sidering the merits of an Australian and given evidence to ASIC. scheme modelled on the US False Then corporate law minister Chris Claims Act and how the scheme could Bowen described the protection laws

The Whistle, #75, July 2013 7 the False Claims Act recovers $US15 “It has to be only a question of time for every $US1 spent on investiga- until we have a system like this here,” tions. says Thomas Faunce, a law and The act has been particularly effec- medicine professor at the Australian tive in exposing fraud in healthcare. National University and a long-time Last year, GlaxoSmithKline paid advocate of a False Claims Act-type $US1.5 billion to settle multiple alle- law in Australia. gations, including that it promoted But while the US has embraced it drugs for uses not approved by with gusto, the concept of financially authorities. Merck paid $US441 rewarding whistleblowers remains million over claims it made inaccurate, controversial in Australia, with the unsupported or misleading statements idea having been considered and dis- about the safety of painkiller Vioxx. missed by successive parliamentary Little wonder then that the federal inquiries. police association and others want More than two decades ago, a similar laws introduced in Australia. federal inquiry on insider trading Hunt-Sharman says fraud and corrup- firmly rejected the idea of “bounties,” Abraham Lincoln tion involving government contracts is finding it was incompatible with “an area of criminality that we just Australian society and would cast The False Claims Act, created by don’t know how big it is. From the doubt on the credibility of evidence Abraham Lincoln during the Civil War experience in the US, we know they given by whistleblowers. to combat burgeoning fraud against the have recovered billions of dollars.” This decision was cited in 2009 by a government, then bolstered in recent While the False Claims Act covers federal inquiry examining public sector decades by presidents Ronald Reagan government contracts, the Dodd-Frank whistleblower laws, which heard evi- and Barack Obama, allows private laws passed in 2011 allow for the dence that rewards could lead to false citizens to launch legal action alleging Securities and Exchange Commission or frivolous claims and send the wrong fraud against the state — known as a to grant rewards to whistleblowers signals. “qui tam” suit — and to share between reporting market-related crimes. And This inquiry did not recommend for 15 per cent and 30 per cent of any the Internal Revenue Service (IRS) has or against financial rewards, instead settlement or penalties recouped as a a similar whistleblower scheme for tax calling for a focus on the “removal of result. fraud; it led to a notorious $US104 disincentives” to blow the whistle, and Crucially, once a whistleblower’s million payout to former UBS banker for whistleblowers’ contributions to be claim is lodged with the court, the file Bradley Birkenfeld who exposed the recognised in Australia’s honours is sealed — meaning not even the Swiss bank’s tax-evasion schemes system. company or business accused of conducted on behalf of thousands of The threat of malicious former wrongdoing knows about it. The US clients. workers selling false information is Department of Justice then examines one of the most-cited arguments the case and decides whether to join against offering rewards. But, as Dr the action. Even if it does not, the Mark Zirnsak, from the Tax Justice whistleblower can still proceed alone, Network, argues, “If somebody makes although the chances of success are a baseless claim, they are not going to much lower. get any reward.” Most cases settle before they go to The so-called bounties for whistle- trial. blowers “have the obvious downside The laws, supporters say, compen- that it is premised on whistleblowing sate whistleblowers for their actions, being motivated by monetary reward, and recognise that those actions often rather than the best interests of the come at a significant financial and organisation that they are in,” personal cost. Melbourne University corporate law It has been lucrative for all expert Ian Ramsay says. But he adds involved, including no-win, no-fee law that “those two aren’t necessarily firms — all except the companies inconsistent.” targeted, of course. Birkenfeld was himself convicted of “You can have someone motivated A record-breaking $US4.9 billion the conduct he exposed, and sentenced to act in the best interests of the was recovered under the act last year, to 40 months in prison, sparking company when they are thinking about and 647 “qui tam” suits were lodged. debate about whether he deserved his whistleblowing, but the financial in- Whistleblowers shared in $US439 hefty payout. Yet his actions helped centive can provide additional incen- million worth of rewards last year; the IRS recover more than $US5 tive.” since the 1986 reforms to the act, they billion in back taxes, fines and penal- With the elections looming, it have been awarded nearly $US4 ties for the US government. remains to be seen whether the work billion. According to oft-cited figures, by the Attorney-General’s Department

8 The Whistle, #75, July 2013 on the False Claims Act is taken RAISING THE ALARM AWB [Australian Wheat Board] oil- further by either of the political parties. for-food scandal, 2006 Simpson believes financial rewards The Westpac letters scandal, 1991 Mark Emons, the regional manager of are not the answer. John McLennan, a former internal AWB’s Middle-East section, exposed “You have got to come back to why auditor with Westpac, exposed letters the wheat board’s $300 million Iraqi people raise the issue — it’s a good from Westpac’s lawyers, Allan Allan kickbacks scam during the 2006 Cole thing to do, it’s a right thing to do,” he and Hemsley, to the bank containing a Inquiry. He said knowledge of bribes says. damning assessment of off shore and kickbacks to He believes cultural change within banking malpractices within Westpac went to the very top of the Australian companies and society is the best way subsidiary Partnership Pacific over- wheat exporter. Mr Emons had helped to make life easier for whistleblowers handling of foreign-exchange loans devise a system for AWB to pay — a term he dislikes. “If you can build between 1984 and 1987. The bank “trucking fees” to Iraq, in breach of up a culture where it’s OK to raise retaliated by suing him for breach of sanctions. these issues and have them addressed, copyright and confidentiality. AWB claimed the fees back from then you are going to overcome that Westpac settled with him 18 the UN’s oil-for-food fund but, as the problem for the people who do raise months later. 2006 found, the “fees” issues.” were bogus and were corrupt side- Simpson says while whistleblowing The Yannon affair, Coles Myer, payments. is not a career-enhancing move, it can 1995 be rewarding. Philip Bowman was a financial direc- Reserve Bank Securency scandal, But if the concept of financially tor at Coles Myer when he claimed the 2012 rewarding whistleblowers remains company’s then chairman Solomon Brian Hood helped level foreign contentious, the idea that a private Lew had used a shelf company called bribery allegations against senior offi- citizen could effectively act as a quasi- Yannon to buy shares in his own cials of two Reserve Bank subsidiaries. regulator and bring an action them- investment company, Premier Invest- He claimed long-held concerns about selves — as under the Fair Claims Act ments. After five years of investiga- kickbacks were steadfastly ignored and — is another step altogether. tions, the Federal Director of Public that the Reserve Bank was aware of The concept is “a little bit alien” to Prosecutions said in 2000 it would not them as far back as 2007. Australia, Ben Phi acknowledges. press charges against Mr Lew. “But that’s not to say that debate should be shut down,” he says. “It’s HIH Insurance collapse, 2000 important to have that debate about Jeff Simpson was a manager in HIH’s what form encouragement for whistle- financial services division. blowers should take, whether it’s the He outlined grievous problems at provision of positive incentives or the the insurance company to the banking removal of disincentives. What’s in regulator nine months before it place is not good enough.” collapsed owing $5.3 billion. The accountant said in a 21-page document to the regulator that the company was breaching minimum solvency provisions. Support for ferrets He claimed in court the regulator, Letter to the editor, Sydney Morning APRA, did not respond. Herald, 3 June 2013, p. 23 I find it depressing that we have NAB’s [National Australia Bank’s] whistleblowers in our midst yet they rogue trader scandal, 2003 all say they lack support when performing their role. Jeff Morris and Dennis Gentilin and Vanessa the “ferrets” should be applauded for McCallum were junior traders who their efforts in bringing a rogue to exposed a $360 million foreign book, with no thanks to the bank’s exchange scandal involving rogue hierarchy and ASIC. I want to see traders led by David Bullen and Luke much stronger laws to protect Duffy. The trading team had placed whistleblowers and mandatory prison shonky deals that falsified the profit Ben Phi sentences for those who set out to they had made trading in currency punish them. options. The trades made it appear as if NAB’s foreign exchange desk had met Alastair Browne its profit targets for the 2003 financial year.

The Whistle, #75, July 2013 9 Article and review

So you’re thinking of this hard to believe, so I tell them that sad fact is that there are so many ten years ago I, too, was given this problems in our hospitals that experi- blowing the whistle? same advice and I, too, could not enced medical whistleblowers are believe it. So I tried full-time for being overwhelmed by the numbers of Robina Cosser several years to get some logical people wanting to contact them. response to my disclosure — and it So I do my best. THE majority of the people who was like trying to communicate with a contact me through my websites are mincing machine. I put in my evidence teachers. Teachers are not dealing with and I got minced-up nonsense in life and death issues, so, although they response, over and over again. So then believe that what has happened to them I applied under Freedom of Infor- is outrageous and that people will be mation for the records of the Crime amazed to hear their story, in fact they and Misconduct Commission and de- seldom fit the standard definition of a partmental investigations into my whistleblower: they are people with a disclosure. And I discovered that my grievance. Usually they are experi- disclosure had been minced up — that enced teachers who have tried to raise it had been “lost” or falsified, that the Robina Cosser some issue with their school principal records of my phone conversations with CMC officers had been falsified, — maybe a concern about discipline or These whistleblowers are usually that the people I had mentioned in my a teaching method that they think is younger than the teachers, and they disclosure had been allowed to investi- ineffective. The principal has re- will need to work for several years gate themselves, that decisions were sponded by putting them into a after they have blown the whistle. I based on secret reports, all copies of punishment process. The principal’s warn them that “payback” allegations which were “lost” when I applied for abuse of this process puts the teacher will almost certainly be made against them under Freedom of Information, under great stress, they become ill and them, and attempts will be made to etc. And I eventually realised that the they appear to be being driven out of drive them into ill health and out of senior officers I was “disclosing” the work. The teacher makes an official work. I advise them not to discuss their corruption to probably already knew complaint of some sort — a grievance disclosure with anybody, or the pay- what I was disclosing. And that the or a WorkCover complaint. The com- back process will begin. I advise them only purpose of their official process plaint is not substantiated, and so they that the whistleblowing process is not was to shut me up. And, when I would contact me. The teacher thinks that something that will be over in a few not shut up, they instructed each other what is being done to them is amazing, months, it will go on for years, so they to file my emails without reading them and that other people will be aston- should take their time to gather as — so nobody could be held responsi- ished to hear their story. They attach much documentary evidence as possi- ble for “knowing” what I was dis- copies of many, many letters that they ble before they blow the whistle. They closing. have sent out to senior public servants, will probably not be able to afford I advise the teachers not to waste ministers, etc. legal support, so they should consider their time and energy on a process that The first thing I ask these teachers studying law. They should make is designed to fail. I advise them to to do is to make a one-page document, preparations to move to another job or focus on their need to work, to earn a explaining very simply and clearly even another career. After they are living. Can they salvage their teaching what has happened, paying particular safely established in another job, they career? Get a transfer? Work overseas? attention to how the situation began. I can decide if they have enough Have they got enough money to retire? advise them to attach that one-page documentary evidence to support their Could they study law? Could they do document to the bottom of all of their disclosure. If they do have enough some research into workplace bully- emails, keeping the emails themselves evidence, I advise them that evidence ing? as brief as possible. The teachers don’t disclosed by email or letter will almost These teachers need a plan. They realise it, but their case is not unusual certainly be “lost ” or falsified, and the need hope. — there are many other teachers all records of any meeting may also be over Australia struggling with this sort falsified, so the best thing to do is to of treatment, and, sadly, nobody has The few who contact me who fit the put their disclosure and documents on time to read all of their letters and conventional image of a whistleblower a website (http://www.webs.com/) so documents. are usually nurses, doctors, hospital that they cannot be “lost,” falsified or Then I usually ring the teachers and staff or other public servants. They “misunderstood.” The whistleblower talk the situation over. I advise them want to disclose some harm that is can protect the website with a simple that there is no hope of getting the being done to patients. Ideally I would password and they can send the official grievances and disclosure “hand them on” to a nurse or doctor password to the director-general, processes to work. Teachers often find who has expertise in their area, but the government minister, local member of

10 The Whistle, #75, July 2013 parliament — anybody who seems to Australian-born workers seem to know outspoken in support of justice and have some integrity — with a very this. Australian-born workers seem to paid the penalty, being arrested and brief outline of their disclosure. know that if they follow the official tortured under the regime of the Shah I explain that public servants will policies (the policy that teachers of Iran. Edmonds came to the US, usually only read the first few sen- should report child abuse by another thrilled to finally live in a country tences of a disclosure, then they twid- teacher, for example) they will be where freedom meant something — or dle those sentences around and send attacked and driven out of work. But so she thought. them back to you — “Dear Madam, “old colonial” migrants to Australia do While studying at university, she thank you for your letter concerning … not hear these hidden messages. They applied for work at the FBI. After unfortunately …” This sending-you- believe in the official policies. years of delay, suddenly she was back-to-you process seems to be So I talk with these whistleblowers urgently called to a job. The reason automatic. about their — our — old colonial was the attacks of 9 September 2001. But if you have your disclosure and values, and the conflict between these Translators were in high demand. The your documents on a website, and if old colonial values and those held by FBI had a huge backlog of intercepts everything is very simply and clearly Australian-born workers. We talk and recorded conversations that needed organised, there is the suggestion that about the fact that we old colonials just translation and analysis. Edmonds you might go to the press. That can’t help ourselves — our values are soon showed her exceptional skills and suggestion might get some attention. part of “who we are” — and so we was called for numerous assignments. But not make the suggestion your- have to blow the whistle. If we didn’t However, not everyone in the FBI self. Do not do anything that could be blow the whistle about cruelty or welcomed her contributions. She dis- described as threatening. Do not do corruption we would feel degraded — covered tantalising information about anything that could be used to make as if we had become lesser human organising of the 9/11 attacks, and you appear to be unstable. beings. indications of a possible future attack. And do not be fooled by charming However, her boss did not want to re-assurances. There will be many Being a whistleblower in Australia know. Why not? Because if the FBI charming re-assurances. Say you want consumes your life. You learn things were shown to have missed some to see real change. that you would never have wanted to crucial intelligence prior to 9/11, it The chances of real change are know. But it is interesting — whistle- would make them look bad. So these actually very, very low. But at least blowers get to understand their world cases were closed down. you will feel that you have “done your better. They realise that people in duty.” power in Australia despise their old I warn them that very few whistle- colonial values. But still they have no blowers seem to have any real success. choice. They have to blow the whistle. And that those whistleblowers who do have some success usually have a legal Robina Cosser is vice president of background. Whistleblowers Australia.

The huge majority of whistleblowers who contact me have been born BOOK REVIEW overseas in one of the “old colonial” countries — England, Scotland, Classified woman Canada, America, South Africa, India, Sri Lanka. They have been brought up reviewed by Brian Martin to hold old colonial values — to “tell the truth and shame the devil.” They Sibel Edmonds worked for the FBI. believe that “a man is as good as his She discovered corruption and reported word,” that they should stand up and it — and suffered reprisals. She kept defend weaker members of the fighting, taking the issue to the highest community, etc. Sibel Edmonds reaches of the US political and judicial These old colonial migrants to system. The book Classified Woman is Australia are doomed to be whistle- But it was worse than this. Edmonds her story. discovered that another translator in blowers because their values are in If you have any trust in the US conflict with the dominant Australian her area, Melek Can Dickerson, had justice system, beware! This book negligible capacity to understand values — “go with the flow, don’t rock shows such deep-seated dysfunction the boat.” People who try to discuss Turkish, yet was making crucial and corruption that any idea of decisions about which files to ignore. professional issues are seen as trou- working within the system for change blemakers in Australia. And trouble- This was despite well-publicised seems forlorn. There is, though, hope corruption in Turkey involving drug- makers have to be driven out of work in the end. and destroyed. running, money laundering and the Edmonds grew up in Iran and nuclear black market. Those involved The official public service policies Turkey. Her father, a physician, was often seem to be a sham — and had high-level connections in the US,

The Whistle, #75, July 2013 11 and were paying them for protection. of her superiors informed her in these dismissed for disobeying instructions. Dickerson was tied into these corrupt words: Only with the support of astute advice networks and apparently was using her was she able to take the test and ensure position in the FBI to prevent investi- You need to know a little about that the results were not manipulated. gations of key figures involved in some policies that are followed However, she was fired anyway. criminal activities. religiously in the FBI. Policy one: One big disappointment was the Some of Edmonds’ work was sabo- one for all, all for one. Policy two: response of US watchdog bodies. taged. On occasions, she came to the problems and embarrassments are office to continue a crucial translation always swept under the rug — The day after I was fired, I began and discovered that lots of it had been always. They don’t want to know looking for an attorney, which lost or garbled, losing days of effort. about serious and embarrassing proved difficult. Good, affordable She tried to find out how that had problems, no matter how scandal- attorneys willing to take on the FBI happened. All trails led to her own ous. They don’t want people and Justice Department are a rarity supervisor. reporting these types of issues and in Washington, DC. As far as Then there were security breaches. cases; especially on the record, in government watchdog and whistle- You might imagine that, with all the writing. (p. 104) blower organizations go, none of secrecy involved, that the FBI fol- them call back unless you happen to lowed protocols closely. Quite the “They” in this quote referred to “the be famous. (It took me years to contrary. Files were not locked away management, the headquarters, the understand the game: high-profile like they were supposed to be, so they director.” The implication of this cases are cash cows for many of could just be put in a bag and taken advice was that protecting the reputa- these groups, who use the funds away. Computers were unsecured, so tion of FBI management was more they raise to pay the salaries of their they could easily be accessed or stolen. important than protecting the US from staffs, none of whom are whistle- Many security rules were never en- terrorists and criminals. blowers.) (p. 152) forced. Her co-workers and bosses advised her to either stay and accept what was Eventually, she decided to go pub- happening, or to leave — but Edmonds lic, and suddenly things looked more wouldn’t accept this advice. She felt it promising. She was persuaded to was her duty as a loyal employee and appear on national television, after citizen to report the security risks she which she was contacted by numerous discovered — including external risks other media, in the typical flurry of to the US and internal risks within the attention. A key spin-off was being FBI — to higher authorities. Thus she contacted by numerous other whistle- began a journey travelled by many blowers from intelligence agencies. whistleblowers before her, one that can be labelled “the failure of official channels.” Grab a laptop while you’re at it. Within the FBI, she got nowhere. Reporting problems to ever higher So what should Edmonds have done? officials simply made her a marked She assumed that someone higher up woman. Before long, reprisals began. in the FBI needed to know and would She found that her phone was tapped. address the problem. This is where she When meeting key figures outside went wrong, as do so many whistle- bureau offices, for example in a restau- blowers. She trusted the system and rant, two agency figures would sit paid the penalty. nearby and conspicuously listen to and She was warned repeatedly by video her, a transparent attempt at others in the bureau who sympathised intimidation, to deter anyone else from with her concerns but knew from their joining Edmonds. own experience that it was impossible The worst part was threats to her to change the culture of the organisa- family members living in Turkey. Her The FBI began a media counter- tion. She learned from them of more co-worker Dickerson, whose work offensive, leaking information to dis- serious cover-ups. Top US government Edmonds had exposed as protecting credit Edmonds. Her reputation was figures, such as Condolezza Rice, were criminals in Turkey, threatened Ed- especially damaged in Turkey, where saying there had been no information monds and apparently used connec- she was denounced as a spy. Edmonds about the impending 9/11 attacks, but tions to have them threatened. had been visiting her extended family this was wrong. High-level figures in FBI management instructed Ed- in Turkey every year, but now she the FBI, the CIA and the Defense monds to take a lie detector test, with knew she could never again visit the Department were doing everything the usual bind. If she went, the results country, because she would probably possible to avoid responsibility, and could be fiddled and used to dismiss be arrested, imprisoned, tortured and this meant covering up the truth. One her; if she refused to go, she could be killed. Just in time, Edmonds was able

12 The Whistle, #75, July 2013 to convince her sister to leave Turkey prevent releasing information to the of US government involvement in the for the US. public because it is embarrassing to the Vietnam war, back in the 1970s. As Edmonds became well known, government. Edmonds, having been contacted by she was contacted by one of the After 9/11, the US Congress set up numerous other whistleblowers, de- watchdog bodies that had previously a commission to investigate the events, cided to set up an organisation, the done nothing: the American Civil supposedly in depth, accepting sub- National Security Whistleblowers Liberties Union. Edmonds at first was missions from anyone. But when Coalition. This was an outstanding so disgusted that she refused the Edmonds contacted the commission initiative, given the power of the ACLU’s overtures to assist her, but and told them the sort of information national-security agencies in the after- eventually she accepted the ACLU’s she had, they didn’t want to know. She math of 9/11. Many former employees support for a legal challenge to the FBI discovered others with important were willing to become involved in the over her dismissal. This is where the information were similarly given the coalition because the agencies had story becomes amazing. cold shoulder. Then she heard about become more interested in money and So determined was the government four women from New Jersey whose power than in doing their jobs to prevent Edmonds from succeeding husbands had died in the 9/11 attacks. properly. in court that it invoked a little-used Edmonds made contact and found they Edmonds continued to believe in law, state secrets privilege, to prevent were allies in the struggle to raise the official channels. If the courts had the case from proceeding. With the alarm about problems in the security become tools of the system, she next ACLU’s support, the case was taken system. put her hope in the political system, through several courts. The govern- You might ask, why wouldn’t a and organised lobbying of politicians. ment pulled out its strongest tech- commission dedicated to discovering Some were supportive. Then came the niques. The case was originally as- the truth about 9/11 want to know 2008 election, when Barack Obama signed to what seemed to be a fair about missed warnings of an attack on was elected. To Edmonds’ disgust, the judge. Through behind-the-scenes the US and the penetration of the FBI previously supportive politicians didn’t pressure, it was reassigned to a judge by figures linked to organised crime in follow through, and the Obama ad- who was a pawn of the Bush admin- the Middle East? The reason seems to ministration carried on the same istration, and who would rule for the be that too many members of Congress oppressive policies as its predecessor, government no matter what the have links to the apparently respected the Bush administration. Obama had evidence. Appeals went up to the government and business people in voiced support for whistleblowers, but Supreme Court, unsuccessfully. Turkey and elsewhere who would be his administration took tougher action The extraordinary part of this saga exposed through a thorough investiga- against them than Bush’s. So much for is that the government was able to tion. So the commission didn’t attempt putting trust in political reform. retrospectively claim that certain to assign responsibility for the 9/11 For years, Edmonds poured incredi- information was classified, even attacks. Its report received saturation ble energy into her campaigns, holding though it was already in the public media coverage. According to Ed- herself together by the hope of real domain. This information included monds and the New Jersey activist change. Her husband was a pillar of Edmonds’ date of birth, where she widows, it was a whitewash. strength through every crisis. Eventu- attended university and what languages ally the disillusionments became too she speaks. This absurd prohibition great, and she broke down, unable to was a side-effect of the contortions do anything. It took a long time for her required by the administration and to recover and to forge a new path: courts as they tried to prevent the running a blog and website, and release of embarrassing information. writing her book Classified Woman. Retrospectively classifying infor- For some readers, the story Ed- mation as secret prevented action by monds tells may be almost too con- the US Congress. This result had fronting to believe. However, I found it nothing to do with national security; entirely convincing because all of quite the contrary, it damaged security Edmonds’ experiences follow a tra- but protected incompetence, negli- jectory familiar to whistleblowers: gence and criminality within the speaking out, reprisals, appeal to national security apparatus. official channels, the failure of official Edmonds felt she had to pursue the channels, and going public. Not every matter to the highest level — the whistleblower proceeds this way, but Supreme Court, with the support of the enough of them do for the path to be ACLU — because otherwise the well worn. Edmonds’ story is unusual government would invoke state secu- mainly in the exceptionally high rity privilege in other cases. She was profile of her saga and the lengths the right: this is exactly what the govern- US government went to block inde- ment subsequently did. Laws designed pendent investigation of her claims. One of her earliest and most helpful for exceptional circumstances are now There is another stage worth men- allies was Daniel Ellsberg, who had used in routine circumstances to tioning: going to the media. In many leaked the Pentagon Papers, a history

The Whistle, #75, July 2013 13 whistleblower cases, the mass media formation is so important that it can be intervene against corruption in the are powerful allies. A balanced treat- worth taking the risk. The implication security apparatus. Perhaps some fu- ment of a whistleblower story is often is it is best to lie low rather than ture insider dissidents will take this highly damaging to the employer, so signalling an intent to take a public path. Meanwhile, we can be thankful media coverage is often the best stand. As soon as Edmonds discovered that there are individuals such as support a whistleblower can obtain. possible wrongdoing, she started re- Edmonds who have taken the noble, But this applies only to cases within a porting it to her boss and later to principled path of speaking out, paying certain political context. Some cases higher officials. She made herself a the penalty for pushing for honest and are too hot to handle even by the sitting target. effective behaviour, and surviving to media. In the US, the mainstream The higher the stakes, the more mobilise others and tell a story that can media will not challenge the status quo consideration should be given to inform and inspire us all. beyond a certain point, as Edmonds anonymous leaking. Edmonds did not discovered. take this road, so how well it might Early in her struggles, the media have worked for her is uncertain. It is were keenly interested, but as the worth noting that speaking out means stakes became higher and the implica- the attention is often more on the tions more far-reaching, suddenly the whistleblower and the injustice of media lost interest. Concerning tough reprisals than on the issue being questions about espionage and invok- addressed. Edmonds was adamant that ing state secrets privilege, “The media national security was the central — that is, the mainstream media in the concern, but this often took a back seat United States — never asked these in her saga of secrecy, surveillance, questions, never sought an answer intimidation and other reprisals that through investigative work. Never.” (p. she encountered. She was aware of this 283) Meanwhile, alternative media and problem but could not find an easy foreign mass media remained intensely way to overcome it. interested. Another lesson is not to trust offi- What could Edmonds have done cial channels. Edmonds tried one after differently? This question is relevant to another, continually searching for any potential whistleblower. The first justice. Eventually she learned that the thing was not to trust her bosses to do system was sewn up: there was no way the right thing. In dealing with any to achieve reform on the inside. issue in which senior management Through a process of elimination, she might be implicated and have some- found only two reliable ways of having thing to hide, they essentially become an impact: mobilising other national Sibel Edmonds, Classified Woman: the enemy of truth and fair play and security whistleblowers and alerting The Sibel Edmonds Story. A Memoir hence the enemy of the whistleblower. the wider public. (Alexandria, Virginia: Sibel Edmonds, They are not to be trusted. Even those One of the common pieces of 2012). who seem sympathetic may not do the advice to whistleblowers is that Book ordering information: right thing, because their jobs are at publicity is a powerful ally, when it http://www.classifiedwoman.com/ stake. So who can be trusted? Co- can be obtained. Mass media coverage Boiling Frog Post: workers are good prospects, especially can make a huge difference. Edmonds http://www.boilingfrogspost.com/ those who have nothing to lose — found this initially. But as the stakes National Security Whistleblowers maybe they are planning to leave became higher, even the US mass Coalition: http://www.nswbc.org/ anyway. Former workers are also media pulled back, afraid to cover a possible allies, as are friends, family story that showed high-level corruption members and concerned members of and cover-ups. the public. Edmonds set up a blog and was An often-repeated piece of advice to having a big impact. She was not potential whistleblowers is to collect prepared for Google to succumb to lots of information about the problem. pressure and delete the blog at a This immediately causes a difficulty crucial time. The lesson here is to for employees in national security prepare for a wide range of possible agencies, because collecting infor- attacks. Edmonds later set up a website mation — for example, making copies that was less susceptible to pressure. of one’s own work — can be treated as If Edmonds had known what was I thank Anu Bissoonauth-Bedford and a breach of security. It doesn’t matter coming, she might have chosen an Anne Melano for helpful comments on that lots of others are doing things that entirely different strategy, lying low, a draft of this review. are much worse: any violation of collecting information, leaking infor- procedures can be used as a pretext for mation, and anonymously notifying reprisals. Nevertheless, collecting in- committed campaigners about ways to

14 The Whistle, #75, July 2013

Conference and annual general meeting

Conference Saturday 23rd November 2013 8.15am for 9am

The speakers will all be whistleblowers, including Jo Barber, Queensland (medical registration failures), Peter Fox, NSW (church, paedophile cover-ups) and Brian Hood, Victoria (Reserve Bank, NPA, Securency scandal).

AGM Sunday 24 November 2013 8.15am for 9am

Plus speakers followed by a roundtable talkfest, where we get to share our experiences.

Venue: Uniting Church Ministry Convention Centre on Masons Drive, North Parramatta, Sydney NSW

Non member: $60 per day, includes lunch & morning/afternoon tea. Optional $25 extra for dinner onsite 6pm Saturday night

Member: $45 per day or $80 for two days. (Note member discount also applies to students & concession cardholders). No charge for members, concessional cardholders & students from interstate, on prior application to WBA secretary Jeannie Berger ([email protected]).

Optional dinner @ $20 a head, onsite 6pm Saturday night.

Bookings: notify full details to treasurer Feliks Perera by phone on (07) 5448 8218 or at [email protected] or president Cynthia Kardell (for phone/email see below under enquiries).

Payment: Mail cheque made payable to Whistleblowers Australia Inc. to the treasurer, Feliks Perera, at 1/5 Wayne Ave, Marcoola Qld 4564, or pay Whistleblowers Australia Inc by deposit to NAB Coolum Beach BSB 084 620 Account Number 69841 4626 or by credit card using PayPal to account name [email protected].

Low-cost quality accommodation is available at the venue: Book directly with and pay the venue. Call 1300 138 125 or email [email protected]

Enquiries: ring national president Cynthia Kardell on (02) 9484 6895 or email [email protected]

The Whistle, #75, July 2013 15 Whistleblowers Australia contacts Advice to whistleblowers

Postal address PO Box U129, Wollongong NSW 2500 Website http://www.whistleblowers.org.au/ Dr James Page offers the following advice.

New South Wales a. Get a good filing cabinet or at least some good “Caring & sharing” meetings We listen to your story, cardboard boxes. provide feedback and possibly guidance for your next few steps. Held by arrangement at 7.00pm on the 2nd and 4th b. Buy plenty of manila folders. Tuesday nights of each month, Presbyterian Church c. Work out a system for filing your records in logical (Crypt), 7-A Campbell Street, Balmain 2041. Ring beforehand to arrange a meeting. and retrievable fashion. Contact Cynthia Kardell, phone 02 9484 6895, d. Contact a local neighbour centre, so that you can do [email protected] cheap photocopy of emails and documents (need hard copy). Wollongong contact Brian Martin, phone 02 4221 3763. Website http://www.bmartin.cc/dissent/ e. Research the administrative complaints systems

Queensland contacts Feliks Perera, phone 07 5448 8218, available to you. [email protected]; Greg McMahon, phone 07 f. Make GIPA/FOI applications. 3378 7232, [email protected] g. Work out a strategy for working through these South Australia contact John Pezy, phone 0433 003 012 systems, and making complaints. Tasmania Whistleblowers Tasmania contact, Isla h. Persist with complaints: expect 9 out of 10 MacGregor, phone 03 6239 1054, [email protected] complaints to fail, but occasionally you will encounter Schools and teachers contact Robina Cosser, a diligent public servant who will look at the evidence. [email protected]

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.

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]

16 The Whistle, #75, July 2013