Whistleblowers Beware!
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Whistleblowers beware! Vol. 58 April 2009 n February 25 the parliamentary committee published its report on new whistleblowing pro- posals for the Commonwealth. Dr Bill de Maria Ofrom the University of Queensland is unimpressed. Whistleblowers beware! For women and men of conscience are not alive to the fact that people by Dr Bill de Maria in the Commonwealth public ser- in Australia are scared to report vice, 25 February will be despon- wrongdoing, notwithstanding the dently noted as a day when their fact that whistleblower legislation A new start for NewStart parliamentary representatives has been on state statute books by Dr David Ingles again failed to step up to the plate in Australia since 1993. On the and protect people who wish to dis- international level, a new Price- close official wrongdoing. On this waterhouseCoopers’ study found Reconciling the nation day, a parliamentary committee Reconciliation Australia that only eight per cent of surveyed published its report on new Com- companies attributed fraud detec- monwealth whistleblowing propos- tion to their whistleblower systems And justice for all als that will languidly proceed to (up from three per cent in 2005). by Tully Fletcher parliament for consideration. This was only slightly higher than fraud detected by accident! his report is mean and Very low disclosure figures are also The great superannuation tax narrow in its vision, found in our state corruption fight- concession rort conservative in its pro- ers. In 2007–08, only 74 verifiable by Dr David Ingles posals and will do noth- T public interest allegations under the ing more than send Common- Queensland Whistleblower Protec- wealth whistleblowers, like Food security tion Act 1994 were processed by lab rats, into management- by Scott Kinnear controlled bureaucratic mazes. the Crime and Misconduct Com- mission and Queensland public sector agencies. Whistleblowing Fat cats This is the third time in the last in the Western Australian public by Leigh Thomas 15 years that a national govern- service is also a low-level activity ment committee has tried to hold three years after the Public Interest the burning coals of whistleblower Disclosure Act 2003 was enacted. The only offer in town protection. But this committee re- by Dr Richard Denniss In 2006–07, only 13 people made port cries ‘ouch!’ the loudest. It is protected disclosures to public au- mean and narrow in its vision, con- thorities. servative in its proposals and will do nothing more than send Com- These minimalist disclosure sta- monwealth whistleblowers, like lab tistics from three Australian cor- rats, into management-controlled ruption fighters complement the bureaucratic mazes. abundant international research insight into why employees stead- ISSN 1322-1876 What are the deep problems that fastly avoid making public interest ACN 061 969 284 make these official efforts to pro- disclosures. ABN 90 061 969 284 tect Australians who wish to speak [email protected] truth to power so incompetent? The whistleblower committee that www.tai.org.au For a start, the recommendations engineered this bland little docu- ment simply cannot see that the slow burn down of, collective forms Commonwealth public sector land- of workplace dissent. So whistle- scape is not one of robust public blowing is what you have when you interest voice but of deep self-pro- no longer have a collective voice. tecting silence. And throwing more The committee shamefully disre- gards this bigger trend in favour of bureaucracy at it won’t change the status quo. this. What went wrong? For a start the Here are some of the hot coals that committee (Standing Committee this committee couldn’t handle. It on Legal and Constitutional Affairs won’t give protection to ordinary to give it its full title) was not only members of the public wishing to a backbench committee, it was a report instances of Commonwealth very new backbench committee. wrongdoing. What does the com- Half of its members came into par- mittee fear here? liament at the end of 2007. Up until the announcement of the inquiry n account of whistle- (10 July 2008), these five (including blowing’s makeover the chair of the committee, Mark provides through-the- Dreyfus) had only five months par- Akeyhole insights into liamentary experience. one of the most fundamental Other than its policy immaturity, changes occurring in the work- institution fulfilling its accountabil- the committee may well have had place, the attack on, if not the ity role. serious distractions. For most of slow burn down of, collective the life of the committee one mem- forms of workplace dissent. The committee embraced a man- ber, Kevin Andrews, did not know agerialist-driven model of whistle- whether he would face improper blowing against the international It won’t give protection to people behaviour findings by the Clarke research evidence when other op- fed up with bureaucratic obstruc- Inquiry into the Haneef matter. tions were available, including a tion and harassment who go to the model of whistleblowing as a form media. It says it will give such pro- of collective public servant dis- hen we get an- tection but like a child on the back sent. other Wheat Board step at night, the committee did not scandal or another venture forth. The only way you will Only two decades ago, whistle- Haneef-type alle- get protection if you go to the me- W blowers were pilloried as loose gation against the Australian dia is if the bureaucracy has taken moral canons creating organisa- Federal Police, the media will an unreasonable amount of time to tional mayhem and threatening loy- have to continue to rely on process your complaint (whatever alty bonds in the workplace. This is backdoor leaks, which serious- that means) and it is a matter of evidenced by the titles of past pa- ly hampers this central demo- public health or safety. So unless pers, including Police who Snitch: cratic instsitution fulfilling its you know of some bureaucrat pour- Deviant Actors in a Secret Soci- accountability role. ing bubonic plague into your river, ety and Whistleblowers: Saint or forget about going to the media. Snitch? Now their ethical services Sophie Mirabella, the member for are being integrated into manage- Indi, was also on the committee. This media embargo is in all whis- ment orthodoxy. Whistleblowing is Was the fact that she attended only tleblower laws in Australia except now coming in from the cold. one out of 10 public hearings of the the New South Wales one. Govern- committee related to the presence ments are threatened by journalists The story of how whistleblow- on the committee of Belinda Neal, properly instructed by whistleblow- ing has emerged as the darling the member for Robertson, who was ers with inside knowledge. Thus, of governments and corporations found by the House of Representa- when we get another Australian busy engineering anti-corruption tives Standing Committee on Privi- Wheat Board scandal or another campaigns is an intriguing one. An leges to have acted ‘below’ the stan- Haneef-type allegation against the account of whistleblowing’s make- dards expected of politicians when Australian Federal Police, the me- over provides through-the-keyhole she told pregnant Sophie Mirabella dia will have to continue to rely on insights into one of the most fun- her baby would be born a ‘demon’? backdoor leaks, which seriously damental changes occurring in the hampers this central democratic workplace, the attack on, if not the The committee could have made 2 sions and 77 witnesses. The Australia Institute he whistleblower com- mittee cannot see that All we can hope for now is that the hopes that all its members the Commonwealth parliament rises to the occasion enjoyed a happy and public sector landscape and seriously renovates this pro- T posal into a strong response to as- restful Easter. is not one of robust public in- terest voice but of a deep self- sist all Australians who care about protecting silence. official integrity. However, if the proposal released a real achievement here. It could on 25 February becomes law, my have been instructed by success- advice to Commonwealth whistle- ful overseas schemes. It could blowers of the future is to keep their have lessened its overt reliance mouths shut. § on research inputs from a univer- sity project that on the research- ers’ own admission had flaws in Dr Bill de Maria from the Uni- the methodology. It could have versity of Queensland’s Busi- consulted much more widely in the ness School specialises in gov- community. The first parliamentary ernment secrecy, journalists’ inquiry into Commonwealth whis- shield laws, public sector ethics, tleblowing in 1994 attracted 102 whistleblowing, business ethics, witnesses and 125 public submis- corporate wrongdoing and cor- sions. This time around the com- ruption. mittee had only 71 public submis- The launch of Black politics On Tuesday 10 February 2009, The Australia Institute hosted the launch of Sarah Maddison’s new book Black politics. Black politics explores the dynamics of Aboriginal politics, draw- ing on original interviews with influential Aboriginal leaders. The event was held at Manning Clark House and speakers in- cluded Dr Sarah Maddison, Megan Davis, Professor Jon Altman and Tom Calma. Professor Mick Dodson, Australian of the Year, also attended. The gathering celebrated the publication of the book and the an- niversary of the Labor Government’s historic apology to the stolen generations. Speakers used the occasion to reflect on the developments in Indigenous affairs over the past 12 months. After the launch, guests joined Institute staff for drinks and snacks on the lawn at Man- ning Clark House. Sarah Maddison is chairperson of the board of The Australia Institute and we congratulate her on a timely and topical publication.