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

The

Whistle No. 89, January 2017

Newsletter of Whistleblowers Australia (ISSN 2205-0299)

Articles

BOOK REVIEW These are complex questions, and such bush heal you. There are shades of questions inevitably flow from reading Henry Lawson in his approach. Of A whistleblower in the about the many tragic cases that Kevin course, there is much more to recovery world of psychiatry: the had to deal with as a psychiatric nurse. from PTSD than this, although what story of Kevin Moylan My own feeling is that the answer Kevin writes is nevertheless very may lie, in part, in not encouraging evocative. Review by James Page such a hyper-competitive society, This is a self-published book, and

where success is everything, but rather my only criticism is that in parts the Kevin Francis Moylan was born in in developing a society where we feel book could have benefitted from closer Shepparton, country Victoria, and more willing to express our weak- editing. This is, however, a minor worked for many years as a psychiatric nesses, doubts and vulnerabilities. A criticism. I think that the book is nurse in the northwest of Tasmania. He book like this is a good start in this important as an addition to the growing is also a whistleblower, having re- task, as Kevin is quite open and indeed literature on whistleblowing and whis- ported maladministration and criminal courageous about expressing his own tleblowing recovery, as well as raising conduct to his superiors, to no avail, vulnerabilities and weaknesses. important social questions about the over an extended period of time. He It is a disturbing book also because nature and direction of Australian also suffered assault and ongoing Part Two reveals the well-worn litany society. harassment. His concerns were eventu- of whistleblower vilification that or- ally tabled, without his consent, in the ganisations routinely visit upon those Tasmanian Parliament. who dare speak the truth. The only

saving grace is that in the foreword, Jill Illife, formerly of the Australian Nursing Federation, credits Kevin Moylan for being a catalyst for the Federation developing a policy of whistleblower support. If only other unions and institutions would follow suit. The uplifting aspect of the book is how Kevin dealt with his post-trau- matic stress disorder, brought on by his

experiences as a psychiatric nurse, by the serious assaults that he suffered, Kevin Moylan 2016. One Flew over and by the victimization and betrayal the Kookaburra’s Nest. Newstead: he experienced as a whistleblower. Kevin Moylan Kookaburra Books. With index and Kevin adopts various strategies, illustrations. 225 pages. Available including simply going bush. Kevin has recently published his story from Dromana Books, dromanabooks.com For instance, after leaving Tasmania in book form, under the title One Flew in despair, Kevin finds himself home- Dr James Page is an adjunct professor over the Kookaburra’s Nest. The title less. He writes: “The problem is— at the University of New England. is an Australian twist on Ken Kesey’s where can I sleep safely tonight? 1962 novel and critique of the practice Answer: back in the bush is where I of psychiatry, One Flew over the love life, under a gum tree, far away A problem of culture Cuckoo’s Nest, which was subse- from … strife. … on the banks of the quently made into an award-winning Kim Sawyer Murray River is where this burnt-out film of the same title in 1975, directed specimen decides to lay his weary by Michael Douglas. Whistleblowers know they are agents bones. Fred the kelpie is my sole of change. They are trying to change The book is divided in two. Part companion and guardian, he loves One deals with Kevin’s experience as a culture. They are trying to right going camping more than me … My wrongs that should be righted. They psychiatric nurse in Tasmania, and Part saving grace was a smelly four-man Two deals with his experience as a are trying to make the indifferent less canvas tent, three fishing rods, a gas indifferent. So while I have long advo- whistleblower. barbecue, transistor radio and a box of It is both a disturbing and uplifting cated for whistleblowing legislation, I dry matches” (p.183). know legislation will not solve that book. It is a disturbing book in that it Healing is an important issue for raises so many questions about mental which needs to be solved. The problem whistleblowers and for whistleblowing is the culture. health in our society. How do we research. There’s something very create a more compassionate society? I was reminded of this in a recent Australian about Kevin Moylan’s conversation with a Swiss colleague. How do we create meaning in society? approach to this. Get alone. Let the

2 The Whistle, #89, January 2017 He spoke of a leading academic in That was not sufficient. The Vice- against institutions. Those who deter- Zurich who had been found to have Chancellor continued to write to us mine the outcomes of whistleblowing published the same article using a asking for the names of those to whom cases rarely think about the person on different title in three different jour- we had communicated the allegations; the other side of the equation. We nals. It is akin to multiplying your we appealed to the Visitor of the never met the Chief Justice, and I often vitae three times. The academic was university (the Governor of Victoria) wondered whether he ever reflected dismissed and it had spill-over effects and advised the Vice-Chancellor ac- about the fairness of his decision as I on the university and all who had cordingly. The Vice-Chancellor then had reflected about the fairness of his worked with him. Academia can be charged the seven of us with serious decision. We cannot prescribe fairness very unforgiving when it chooses to misconduct for disobeying his instruc- for it admits too many variations. But be. tions. The Governor appointed the we can at least request that those who Chief Justice to determine the matter. determine the outcomes of whistle- The Chief Justice took more than 400 blowing problems, whether they are days to find that we were not members judges, regulators, politicians or con- of the university and could not appeal sultants, meet with whistleblowers to the Visitor because the university after they have made their decisions. had not prescribed a statute making Perhaps then they will understand staff members of the university. Stu- whistleblowing better. dents were members, members of the council were members, but staff were Kim Sawyer is a long-time whistle- not. One month later, the university blower advocate and an honorary fellow at the University of Melbourne. prescribed the statute and staff were made members of the university. The

Publications can mount up when you Senate Committee that reviewed this use the same article more than once matter in 1995 posited What makes a whistle- blowing scheme effective? At the risk of self-indulgence, it It does not reflect well that the University had not fulfilled its obli- Cynthia Kardell reminded me of my first whistleblow- ing case which is now so long ago that gations and ensured that it had made the necessary arrangements under I have set out below what I think are it can be visited. In 1993 as part of a the building blocks for an effective wider issue, I made a formal complaint its Act to prescribe staff as corpo- rators of the University. By not whistleblowing system, one that gets against an academic. The complaint to the heart of the wrongdoing and was that the academic had an article doing so, it denied a right of appeal to the Visitor by its staff and by keeps whistleblowers safe and in their published as a chapter in a book (with jobs. I’ve drawn on submissions I three other authors), then published it coincidence, prevented an inde- pendent investigation of the matters made to the 2016 Federal and on his own (or at least 98% of it) under Victorian parliamentary inquiries, his own name but with a different title, complained of. which is why it might seem a bit and then submitted it to a journal under The Senate Committee recommended formal in its style. But I’d like you to his own name using yet another title. It “an independent consultant look at the bear with me because as crazy as it was about to be published until the matters raised and suggest regulatory might seem after nearly a quarter of a editor withdrew it. The referee of the changes to the education system so that century, these ideas which seem so submission alerted me. I was disin- these events cannot reoccur.” It never obvious are still being resisted—which clined to make the complaint; however happened. is why I think the existing schemes are after deliberating for more than a Three decisions, the decision of the failing all of us. month I made the complaint and was Vice-Chancellor, the decision of the joined by eight others. There is no Chief Justice and the decision not to 1. Understanding whistleblowing template for whistleblowing and it is appoint an independent consultant, Whistleblowing is blowing the whistle never easy. illustrated the Australian institutional in the public interest or, to say it The lawyer of the university wrote culture of the 1990s. It is the same another way, on behalf of the public that there was a prima facie case of culture today. As whistleblowers, we interest. It is often conveniently academic misconduct, but the Vice- are never as important as institutions. described as public interest whistle- Chancellor dismissed the complaint. As whistleblowers, our risks are never blowing or a public interest disclosure, The Vice-Chancellor proceeded to as important as the risks of institutions. but what you have to understand is that write to the seven of us (two col- As whistleblowers, our cases are al- there is no other sort of whistleblowing leagues had by then left the university) ways determined by those who have other than in the public interest. asking whether we had communicated never blown the whistle, and our rights This very simple concept is under- the allegations to persons who had no are an afterthought. The institutional pinned by understanding that legally, interest or duty in receiving them. We culture does not easily prescribe whis- the whistleblower is acting as a relator replied that we had not communicated tleblowers as members. on behalf of the public and, with two the allegations to persons who had no The problem is the problem of exceptions, is never the injured party. interest or duty in receiving them. unfairness when individuals are pitted The injured party is the immediate

The Whistle, #89, January 2017 3 department, the wider institution, norm or not. If it is the norm then Alternatively, all relevant employer agency or corporation, or the public at everyone down the line knows that bodies should be required to formally large however it is characterised on the they can pretty much do anything, so guarantee their investigative officers facts. long as they cover for executive and exercise professional independence in In law, the term given to a person senior management, knowing that if it carrying out their duties, as a part of who brings a claim on behalf of all goes belly up it will be their fault. their employment contract and condi- another party or interest is a relator, If legislators fall into the trap of tions. Penalties should apply where which term is used in false claims thinking that it is just a few bad apples, coercive pressure is brought to bear. actions brought by whistleblowers on not people like us, and so stop short of The consequence of doing nothing behalf of the state in the USA. In our ensuring that management actively and is more of the same. There might be system we are more familiar with the publicly holds itself to account by another bribery scandal, like the one function of a relator as it applies to, for putting the necessary constraints in involving senior executives from the example, the director of public prose- place, then bad behaviour will continue RBA subsidiaries NPA and Securency, cutions in bringing criminal prosecu- to flourish—because they are people which is still unfolding in our courts tions on our behalf. And increasingly like us! and costing us millions of dollars. Or we are seeing it played out in terms of there might be more allegations of a whistleblower going public in the 3. The method used to assess the cover-up like those currently swirling media. facts disclosed should not hinge on around the St Vincent’s Hospital exec- There are a few exceptions to the the whistleblower’s credibility. utives over a medical oncologist’s rule that whistleblowers do not have a The threshold issue to determining prescribing practices, which isn’t personal interest in bringing the claim: whether to investigate a PID almost likely to go away any time soon. (1) where the whistleblower is one of a invariably hinges on the credibility of class of persons who is also personally the whistleblower rather than whether 5. The protection of whistleblowers injured by the wrongdoing, as in the there is any credible evidence available can’t be left to investigators or case of the Myers cleaner who blew in a preliminary sense that is likely to executive and senior management. the whistle on systemic wage fraud; substantiate the alleged wrongdoing. The protection of whistleblowers is (2) where the whistleblower is also It’s a wrong practice, because even the central to ensuring the growth of an involved in the wrongdoing, for exam- most scurrilous individuals can be ethical and accountable culture and ple Kathy Jackson, former official of right on the money when it comes to should not be left in the hands of an the Health Services Union and (3) whether what they allege is right. external investigative body or agency where malice drives making a disclo- Making judgements based on the management. This is because of the sure. None of these exceptions negate whistleblower’s credibility works conflicts that inevitably arise between the disclosure being accepted, treated against existing legislative objectives what are always going to be competing and protected as a protected disclosure. and is heaven sent for the wrongdoer. interests. Public interest whistleblowing or Inevitably, it lays the ground for self- Whistleblowers should be part of public interest disclosures (hereafter serving and gossipy assumptions about the investigative process too, much PIDs) can and should be distinguished the whistleblower to kill off the PID like a fellow auditor might. It would from employment related grievances and crystallise into mobbing and even deliver better outcomes and progres- on the facts alleged by the disclosure worse forms of retaliation. sively build a culture of respect for and they need to be, so that they can be whistleblowers, which would go a long properly handled, investigated and 4. Investigative officers must be way toward protecting them. But it resolved and not wrongly treated as legally independent. won’t happen if we continue to ignore employment-related grievances by Investigative officers must be inde- the challenges that competing interests management with the potential to pendent legally and in real terms to impose. frustrate the process and harm the counter the coercive pressures brought Let me try to explain. If an external discloser. to bear by an executive and senior investigative body also has responsi- With one exception, employment- management keen to see the issue bility for whistleblower protection in related grievances should not be buried. Structural reform is required to circumstances where a whistleblower protected or treated as a PID. The ensure that investigators are able to is an entirely disinterested party, s/he exception is an employment-related resist coercive pressure in the work- can theoretically at least become a part grievance received from an employee place when deciding what can and of the investigative process. But it in his or her personal capacity, who should be investigated. won’t ever happen, because the inves- claims to have suffered injury or This is easily achieved by ensuring tigative body knows the whistleblower detriment as a consequence of having that all of the PIDs are investigated by can’t be part of the investigative team, made a PID. an independent external body like the a potential witness in proceedings and IBAC and Ombudsman, including possibly a victim needing to be pro- 2. Understanding how corruption PIDs I’d describe as “small beer,” tected all at the same time. becomes a top-down cultural norm which when resolved do so much more This dilemma is even more apparent Executive and senior management has to build a strongly ethical culture from if the whistleblower is also a person of the power and the capacity to make the the ground up than just flicking them interest in the investigation, for exam- exercise of corrupt self-interest the to the statistician for policy analysis. ple Kathy Jackson, the whistleblower

4 The Whistle, #89, January 2017 in the HSU scandal, or if s/he also seem like a step too far, but in fact it is 8. Legal protections available to seeks personal redress, for example the way overdue. We first proposed a whistleblowers must reflect the cleaner and whistleblower in the Myer PIDA almost 25 years ago! It was cost reality on the ground in the wage fraud scandal. In such cases, the effective then and an investment in a workplace as it unfolds. investigative body will inevitably, and future where ethical, open and ac- The current protections are mostly you might even say properly, put its countable organisations would become only relevant once you’ve been investigative needs first, which tends the norm. On any measure now, it’s sacked: they do not reflect or provide to reinforce a culture which treats a urgent. for what actually happens as it whistleblower like a low-life police happens. They do not keep whistle- informant—so protection doesn’t even 7. The management must publicly blowers safe and in their jobs. Reforms figure. engage with whistleblowers and not to force employers to choose investi- just hold others to account. gation over cover-up are long overdue. Legislative amendment can’t do this job alone. Managers and users alike 9. The wrongdoer should be the must be thoroughly educated to under- target. stand and be able to talk about the There needs to be fundamental reform concepts involved, so that they can to make the wrongdoer the target, not develop the necessary skills and, the whistleblower as is presently the ultimately, an insight into why openly case! Only this will deliver useful, supporting whistleblowers in their timely protections that keep whistle-

Kathy Jackson work is the only way to go if they are blowers safe and in their jobs. serious about wanting the organisation Employers should have to publicly If whistleblower protection is left in to be ethical and accountable. Other- support whistleblowers or face finan- the hands of executive and senior wise ignorance will continue to pro- cial penalties if they don’t. Investiga- agency management, you can add vide a place for a top-down culture of tors must be able to report inde- another dimension to the problem. Not cover-up and retaliation to flourish as pendently in real time on their only is the whistleblower potentially a the norm. The key to understanding progress, the outcome and their part of the internal investigative team, what an ethical and accountable or- recommendations. Those reports must a witness in proceedings and a victim ganisation might look like is to under- be publicly reviewed within the of a reprisal but also a threat to stand the difference between being organisation and openly linked to management self-interest. It’s not “held to account” and “making your- consequent changes in the workplace. made any easier for the whistleblower self accountable” and then to have Whistleblowers must be publicly when the in-house legal counsel, management make the necessary ad- recognised and thanked for their employed as the head of human justments in policy and process to service whether or not the wrongdoing resources, is coerced into holding model the latter. Because it is clear the is established. herself out to be professionally inde- current PID systems are designed and pendent of management, when in fact operate for management to hold others Postscript s/he is just another employee, like any to account and often for reasons that I will be expanding on these ideas other, with a particular skill set. This is are dubious at best. when I make a submission to another a system that was always going to fail The better approach is to understand federal whistleblowing inquiry this the whistleblower and it does just that. what is required to assess and investi- year. gate a PID properly and then do that The Coalition government has 6. Whistleblowing needs a defender openly and proactively and put it all agreed to this inquiry, as to get their or champion. out there on the public record as it plan to set up a registered organisa- The only way to ensure the system unfolds for all to see now and in the tions commission for unions through doesn’t fail is to set up a body that is future. This is making the entire the Senate. Submissions are to be in by not required to satisfy what are always organisation accountable in real time 17 February 2017. going to be competing purposes or when it matters. And executive and It invites further submissions on the interests, so that it can monitor and senior management must lead by existing public sector system and (by even intervene to protect a whistle- example, rather than just continue as agreement with Senators Xenophon blower, where an agency’s actions they have, to manage the PID process and Hinch) on whether existing pro- make it necessary so to do. I will call it as it applies to others. tections should be extended to cover a public interest disclosure agency or It is the way in which an organisa- private sector and NGO whistleblow- PIDA. tion publicly engages with its whistle- ers and, finally, whether a false claims It would publicly promote whistle- blowers in dealing with the wrongdo- act like that which operates across the blowing, protect whistleblowers, in- ing which sets the organisation apart as USA would be a good thing. If you’ve vestigate claims of reprisal, register ethical and accountable or not. any good ideas, let me know. I’ll keep and monitor the investigation of public you posted. interest disclosures and develop the capacity for long-term evidence-based Cynthia Kardell is president of Whistle- analysis and public review. It may blowers Australia.

The Whistle, #89, January 2017 5 WBA conference

WBA’s annual conference and AGM Jodi McKay MP Strathfield, something she couldn’t were held at the Uniting Church have imagined years ago. She was Convention Centre, North Parramatta, Political donation previously member for Newcastle, a Sydney on 19–20 November 2016. whistleblower minister for the Hunter in the Labor WBA President Cynthia Kardell intro- government, responsible for land in the duced each of the speakers; her Cynthia’s introduction (based on region. Newcastle is the world’s remarks are reproduced here. For the information sourced from Wikipedia) largest coal export port; Jodi wanted other speakers, you can read Brian diversification of exports. Martin’s notes on the spoken presenta- Jodi McKay began her career as a Nathan Tinkler was a rich, powerful tions or edited versions of their journalist entering the private sector in and influential businessman in New- documents. corporate communications and mar- castle who wanted a particular piece of

keting. She also served on the Board of land, a container terminal. In the Hunter Medical Research Institute, months prior to the March 2011 elec- Conference The University of Newcastle, Research tion, Jodie felt isolated and didn’t quite Saturday 19 November Associates and Hunter Manufacturers’ understand what was happening. She 8:15 Registration (coffee & tea) Association prior to entering politics. knew the Labor Party was unpopular 9:00 Welcome: Cynthia Kardell Jodi is a member of the New South but she also knew she was popular in 9:15 Jodi McKay: political donations Wales Legislative Assembly, having the electorate. whistleblower represented Strathfield for the Aus- Tinkler offered to make donations 9:55 Karen Burgess, Aspect Autism tralian Labor Party since 2015. She to her campaign, in violation of laws. whistleblower previously represented Newcastle from She declined, and then various events 10:35 Morning tea 2007 until her defeat at the 2011 occurred. There was a leak. The Liber- 11:05 Jane Doe, government agency election. Between 2008 and 2011, Jodi als poured hundreds of thousands of whistleblower held a number of junior ministerial dollars into the election campaign. 11:45 Lyn Simpson, live exports responsibilities in the Rees and Scurrilous flyers were distributed. whistleblower Keneally governments, among them She lost the election by less than 12:25 Lunch Minister for the Hunter, Tourism, 2000 votes, moved to Sydney, re- 1:45 David Isaacs, Nauru detention Small Business, Science and Medical flected on what had happened, and centre whistleblower Research, Commerce, and Women. wrote a letter to ICAC about the 2:25 Alan Kessing, Customs Currently she is the Shadow Minister various events, saying she didn’t know whistleblower for Transport. whether they were connected, but it 3:05 Afternoon tea was her duty as a former minister to 3:35 Katrina McLean, community report them. housing whistleblower ICAC said it wouldn’t investigate 4.05 Robina Cosser, education and returned her documents which, in department whistleblower a catharsis, she shredded. She started 4.45 Brian Martin, Music for our ears applying for jobs but was repeatedly knocked back, presumably due to all AGM and talks the negative material on the Internet. Sunday 20 November Eventually she obtained a job with a 8:15 Registration (coffee & tea) non-profit organisation and got on with 9:00 AGM her life. 10:35 Morning tea But then she was contacted by 11:05 AGM, continued ICAC: apparently others, on the 12:25 Lunch Central Coast, had been approached 1:45 Gabor Szathmari, similarly to the way Jodi had been, CryptoAustralia showing a pattern of Liberal Party 3:05 Afternoon tea Jodi McKay donations. So Jodi was brought back to

3:35 David Vaile, UNSW Faculty of the issue. Jodi’s talk (notes by Brian) Law Testifying to ICAC, which means Jodi said she doesn’t see herself as a ______being watched by rows of lawyers, is whistleblower; it’s not a label with daunting. She was asked whether she which she is comfortable, because she knew about the role of Joe Tripodi, had a duty. However, she recognised Labor power broker. Tripodi, her own the relevance of the label when invited Labor colleague, had been involved in to speak at the WBA conference. the flyer used to undermine her, Her story took a long time to play funded by Tinkler. She suddenly un- out. She is now the local member for derstood how all the events of previous

6 The Whistle, #89, January 2017 years fitted together, and this under- Karen Burgess She made a complaint about the box standing triggered a rush of emotions. to the Victorian Advocacy League for She cried, which at ICAC is not cool. Autism Spectrum Individuals with Disability (VALID). Jodi’s testimony led to a huge (Aspect) whistlebower They referred the complaint to the media interest. She was asked whether Disability Services Commissioner in she’d ever go back to politics, and said Cynthia’s introduction (Information July 2015. no—not in Newcastle. from whistleblowingwomen.com/) “Staff were led to believe that it was In the run-up to the 2015 election, it an approved practice,” Aspect employ- turned out that the only seat for which Autism Spectrum Australia (Aspect) ees told the Disability Services Com- the Labor candidate hadn’t been de- runs a day care centre at Heatherton, missioner at a meeting in July 2015. cided was the one where she happened Melbourne. It has programs for 30 “Everyone at the site knew about the to live: Strathfield. She hadn’t been people a day, aged 16 to 50, most of box.” known previously, until the publicity whom cannot talk. Aspect sacked Karen on 15 July deriving from ICAC. 2015, listing serious grievances with The ICAC investigation was inter- her performance. It alleged that Ms rupted by Margaret Cunneen’s legal Burgess did not work within its poli- action and other matters. When a jour- cies, acted outside her authority and nalist contacted her about a leaked filed paperwork late. Treasury document, she asked why the She brought an unfair dismissal journalist didn’t enquire why the claim against Aspect. She alleged that document had been leaked. she was fired after speaking out about There were some good things the box and other client abuse. Aspect coming out of the ICAC investigation, claimed she had stolen company even though no one was charged with documents. In the course of the pro- an offence. In particular, there are now ceedings the parties settled for an stronger penalties for illegal donations. In 2014, staff at the Heatherton Aspect undisclosed sum without Ms Burgess However, the new statute of limitations centre in Victoria built a two-metre-tall being held to a gag clause. (10 years) was not retrospective, so it wooden box and fitted it with a metal VALID chief executive Kevin didn’t apply to her case. lock. Clients were going to be locked Stone slammed Aspect’s treatment of Andrew Clennell from the Daily inside the box. Clients had painted the Karen. He said she had been put under Telegraph seems to do everything outside of the box. Egg cartons were “enormous pressure, to the point of possible to bring her down. going to be fitted inside the box for intimidation.” “It seems beyond belief, The new ICAC legislation makes its sound-proofing. The box was going to and certainly beyond coincidence, that operations fairer. However, ICAC is be called a “de-sensitising box.” It was this former senior staff member re- unaccountable. Either witnesses are intended to be used as a calming ceived a letter of termination on July torn apart and named as corrupt, or device. 15, within hours of the Disability ser- torn apart but not named, and not vices Commissioner advising the exonerated. service of its involvement.” She thinks many other MPs would In September 2015 Aspect hired a have done what she did, so she doesn’t crisis public relations firm. After hiring feel like a whistleblower. the crisis public relations firm, Aspect said it was “impressed” with Ms In response to questions, Jodi said that Burgess’s decision to report the box. as an MP and a shadow minister, she Karen has assisted the Police in welcomes contacts with constituents their investigations and made submis- and members of the public with infor- sions to parliamentary inquiries into mation relevant to her portfolio. She disability services and whistleblower can make representations on behalf of protections. constituents, but needs to be careful. If Karen started work at the Heatherton she knows someone in advance, it’s Aspect day care centre in early 2015. Karen’s talk (adapted by Brian from easier to act on their behalf. She wel- She immediately ordered the disman- her slides and accompanying text) comes people providing information, tling of the box, but says the staff who I am going to talk today about my especially in relation to her portfolio, built it ignored her. “They laughed and experiences whistleblowing in the that she can use to develop an under- said the box was staying … they disability sector. standing of activities and take action. thought it was a good strategy,” she My whistleblowing story is not said. unique. I made a complaint, but the “It was just abhorrent,” Karen said. employer didn’t deal with it. It went “The box epitomises the type of prac- public. This made me a whistleblower. tices that were occurring at that site. The employer didn’t like this and so There was a complete disregard for the continued to threaten me. clients as human beings.”

The Whistle, #89, January 2017 7

The service at the Heatherton site is move them or hold them in pressure For me, the reality of whistleblowing designed to provide day activities to point positions. This was reported to included false claims of confidentiality adults and young people with autism DHHS and Aspect Management. No agreements, threats (including of and other disabilities. The clients at action was taken against staff who did costly litigation), harassment, stalking, this particular site have complex and this. The person who reported these false statements, allegations of crimi- challenging behaviours. My role as the events was later fired. nal conduct and false allegations of Service Leader was to oversee the Clients were locked in classrooms at police investigations into the alleged operations of this site. the site for hours. They were not criminal conduct. During my employment I made a provided with water or food while Thereafter I proceeded through all number of complaints regarding vari- locked in the classroom. Some clients sorts of agencies seeking redress, as ous concerns, specifically related to the had medication, and this was not shown in the diagram. number of restrictive practices that administered during these lockout were occurring on a regular basis and periods. Instead staff disposed of the were harming clients. My observations medication, so not to alert other included poor and illegal practices, services to the fact the medication was poor quality of client care and client not administered to the clients. abuse. The restrictive practices were These are just some of the problems not appropriately reported and would I observed. In summary, I discovered not even comply with the guidelines as that: approved by the Office of the Senior Practitioner (OSP) as defined under the • There was a history of abuse that requirements of the Disability Act had existed for over 15 years. 2006. • Abuse wasn’t the only criminal

activity occurring.

• People knew and accepted it. For more details, see my submission to • The people who knew were also the Family and Community Develop- the ones who were meant to offer ment Committee of the Victorian protection. Parliament: http://www.parliament.vic.gov.au/imag • The system I believed to be in es/stories/committees/fcdc/inquiries/58 place to protect people with a th/Autism/Submissions/S058_Karen_ disability did not work. Burgess.pdf • Staff were engaging in abusive practices and believed it was “evi- Confinement in the box was used as a dence-based practice.” Jane Doe form of punishment. Staff physically assaulted clients. This occurred regu- I was fired on 15 July 2015, less Government agency larly and was the common method for than an hour after an officer from the whistleblower pacifying clients. The language used Disability Services Commission had spoken to the Victorian manager of was “physical restraint” in describing Cynthia’s introduction (from staff-client interactions, but the re- Aspect. Rather than addressing com- plaints, the organisation made threats, bmartin.cc/dissent/documents/NPWS/) straints used were not approved, were not communicated or reported when terminated my employment, termi- The National Parks and Wildlife Ser- they were used and were not discussed nated other staff who continued to vice of New South Wales, Australia, is with significant others such as parents complain, and intimidated and threat- the subject of a detailed critical exami- and other professionals. ened me with legal action. In my expe- nation by “Jane Doe” titled “NPWS I observed staff gang up on the rience, Autism Spectrum Australia Management—A protected species!” clients to get them to comply with went to great lengths to ensure I didn’t She uses categories developed by the instructions. I observed staff standing speak out about what happened. Government Accountability Project to over clients in a threatening manner. If help make sense of her experiences. clients did not comply, the staff would The names used in the manuscript, force the clients to complete particular excepting the Minister for the Envi- demands. Staff would yell or physi- ronment and Director-General, are cally move clients to force them to pseudonyms in accordance with complete meaningless activities. For agency request. Jane’s article is pub- example, staff would force clients to lished on Brian Martin’s suppression- take medication by shoving the medi- of-dissent website under the category cation down client’s throats or by of “environment.” This brief extract holding them and forcing them to the provides the basic facts. ground. Staff would grab clients to

8 The Whistle, #89, January 2017

were downloaded from the NPWS tial report to one of the many Govern- server. ment reviews spawned by the earlier Eventually she was brought to a revelations of animal cruelty in Indo- very distressed state. Luckily, she was nesian abattoirs. When the Department able to obtain a job in state parliament. of Agriculture, Fisheries and Forestry She was able to contact Andrew wrongly made her report public she Stoner, who had received a complaint was exposed as a whistleblower. from another NPWS whistleblower. There has been significant media “The following is a summary of my Stoner made a private member’s coverage of Lynn’s story and the whistleblowing experience with the statement to state parliament. issues it raises, for example, the cover NPWS. It is a striking illustration of She took the statement to the media, of an issue of Maritime CEO. management abuse of unaccountable leading to coverage. One problem with power in the New South Wales gov- media coverage is that it happens and ernment, and of a weak and ineffective then is forgotten. So she prepared an union movement that appears power- account that was published on my less to stop the victimisation and website, which had many hits and led harassment of their members. In this to some contacts. She sent it to every instance I had little choice but to speak employee in NPWS. out about wrongdoing. I was being forced to sign off fraudulent petty cash dockets and purchase orders written by staff for dubious purchases. In addition annual entry permits (in excess of five hundred) to NSW National Parks went missing across the District I worked in. The whereabouts of these permits were never investigated by the agency. I did, however, notice permits missing from gate collectors’ reconciliation sheets. On one occasion I wrote to a collector about a permit not accounted for. NPWS management was made aware of this. They were also aware that It’s not easy to gain access to MPs, and Here is the text accompanying that collectors often did not arrive for duty likewise obtaining media coverage can issue. until sometime after they had signed be difficult. their arrival time on their timesheet. Today sees the launch of the latest She modelled her article on the Park entry fees, which were not in issue of Maritime CEO magazine, framework given in Tom Devine’s accordance with the fees set by the the title aimed at shipping’s top Minister, were on occasion charged to book The Whistleblower’s Survival echelon. Guide. visitors to the National Park. No audit Featured on the cover for the first Lessons: collect plenty of infor- mechanism to account for revenue for time in the magazine’s history is mation. Write your story, and send it to park entry fees existed when gate someone who is not a shipowner. Dr relevant people. But don’t give them collectors alternated between issuing Lynn Simpson is the Australian vet great wads of documents: you need to automatic ticket to manual tickets for who has done more than anyone in explain the key issues. history to shine a light on what park entry.” happens in the livestock trades—she

Jane’s talk (notes by Brian) has been delivering a brutal reality Lynn Simpson of what happens when animals Jane’s story involves all sorts of Live exports move from Australia to other parts problems in the NPWS, including of the world, something that has permits to parks that were not paid for, whistleblower shocked many. In our lead article and presumably given to friends or she discusses how she entered this sold on the black market. Some staff Cynthia’s introduction (Information niche sector, the things she has were not being paid their full entitle- from media stories and the October seen, and how to improve the ments, whereas others were not doing 2016 Whistle) sector. their jobs. Money went missing. Lynn Simpson worked as a freelance “I loved shipping for its sheer Jane reported the problems to scale and adventure,” Simpson tells management and then to various vet on the big freight ships that carry live animals to the Middle East for the Maritime CEO. “Tragically I was watchdog bodies, but none did any- quickly seeing the live export thing effective. Instead, she suffered religious festivals. Lynn was critical of the conditions on board and said so in trade’s similarities to the historical all sorts of reprisals. She was referred human slave trade. In the 19th to a psychiatrist. Her private emails 2013, when she submitted a confiden-

The Whistle, #89, January 2017 9

century, empires were built on the For three years she was on workers’ contacting her with more information, backs of slaves, kidnapped and sold compensation being paid a percentage which she can use in further articles. from their home countries. High of her previous wage. She finally She had her tax returns audited, mortality rates on voyages, and poor resigned. Her court case wasn’t going which seemed suspicious. After Lynn treatment in destination countries anywhere, so she decided to take her said the Australian Tax Office should once on sold. Replace human slaves story to the media. At this point she look her up on the web and listen to with live animals in your mind’s offered her lawyers the option of the 7.30 report about her case, the eye and, well, it’s the same leaving but they stuck with her. After Australian Taxation Office cleared her. scenario.” appearing on the 7.30 Report, she was She’s had support from many indi- On the future of this trade, Simp- contacted by all sorts of media. She viduals, including some inside the son predicts: “I personally think that ended up doing a series of articles for a system. public pressure for increased wel- maritime magazine, Splash 24/7, one fare will mean live export of mass per week since June. So although the numbers of livestock from first industry and government have dumped David Isaacs world countries will meet an end in her, she survives and continues to the not too distant future. The meat bring issues to wider attention. Nauru Detention Centre trade will increase and countries whistleblower will get their protein requirements. Some trade may move to countries Cynthia’s introduction (based on

that work at more challenging media stories: Kate Aubusson, Sydney standards and the delivered product She has also been writing on animal Morning Herald, 14 August 2015; may be questionable.” welfare issues. One of the issues is that ABC radio, 19 June 2015, presenter live export animals are often medi- Joanne Shoebridge) Note: Lynn is a committee member of cated before and during the voyage. David is a senior staff specialist at the Whistleblowers Australia and a contact Because the time between treatment Department of Infectious Diseases and for whistleblowers in the animal and slaughter is variable, slaughter Microbiology and the Clinical Profes- welfare area. often occurs before drug residues sub- sor in Paediatric Infectious Diseases, side. This raises public health concerns University of Sydney at the children’s Lynn’s talk (notes by Brian) such as the residues themselves and the hospital at Westmead. He also runs a Lynn spoke at last year’s conference. increase in microbial resistance. clinic for refugees in Sydney’s west. Lynn had made 57 voyages for live She’s been subject to all sorts of He was invited by the government to exports, as a veterinarian. She made a threats, via social media. Apparently a work in the offshore detention centre confidential report about conditions of lot of people think she should be shot in Nauru, so now David has another the animals. It was posted on a gov- in the head. If someone hammers her, hat, he is the Nauru Detention Centre ernment website, and she was then a she gets back to them and tries to whistleblower and it is in that capacity target for reprisals, and lost her job. engage. If they continue three times, that he is speaking today. This year, she provided an update she assumes they are stooges and on her experiences. She has an ongo- doesn’t deal with them any more. ing legal action, but lots of other things She’s also being asked about mental have been happening. health issues, and writing about them, She was subject to identity theft, because of her own experience with with someone impersonating her and PTSD. She was stressed for years sending defamatory emails. She was through her voyages, and that was trying to send email to various agen- before all the publicity and its associ- cies and politicians, but they came ated stresses. She’s talked to lots of back as not sent. She investigated and others with PTSD, especially military found that the emails had been scram- personnel, and thinks that all of them bled: her computer had been hacked. are decent people. For Lynn, antide- So she printed out the text and posted pressants do not work, so she’s had to it to the relevant recipients. find her own path to mental health; her welfare advocacy provides a type of therapy, and her psychologist thinks this is the way to go.

She’s being asked about protecting David Isaacs Australia’s brand for meat exports (which are about eight times as great There are plenty of articles about his as the live export industry). having spoken out about his experi- She has pressed on with media, ences on Nauru in the media. Two

addressing the critics and exposing the short excerpts provide an insight into attackers, and has developed a huge what he reported, how he saw it and online presence. This leads to people

10 The Whistle, #89, January 2017 what the consequences for speaking “It’s the sort of thing you might Mark’s story, but then they read his out might be. have expected in a very right wing, diary and were intensely interested. On 14 August 2015 Kate Aubus- almost fascist country, certainly not Mark decided to write a book. Ini- son’s article for the Sydney Morning our so-called democratic country. tially he tried to interest publishers in Herald began: “So now it says that if I see a his diaries, but there was little interest. child that’s in danger or that’s He then obtained an agent, who “It’s child abuse”: Australian seriously ill because of the condi- encouraged Mark to write a book doctor brought to tears by tions there and their mental health is separately from his diary. Mark re- treatment of Nauru detainees really bad, even if I come back to sponded to suggestions, and now has AN AUSTRALIAN doctor has been Australia and talk about it to the two books published. brought to tears by the abuse and media, even put it on Facebook, I trauma he witnessed in Nauru’s could face two years in prison. immigration detention centre. That’s appalling.” Paediatrician Dr David Isaacs is one of several doctors, workers and David’s talk (notes by Brian)

guards turned whistleblowers ex- Nauru is a tiny island near Fiji with a posing what they say is a culture of population of only 10,000. cover up, rape, self harm and abuse on Nauru, in defiance of laws that could land them in prison. “I saw a six-year-old girl who tried to hang herself with a fence tie and had marks around her neck. I’ve never seen a child self-harm of that age before,” Dr Isaacs told ABC’s 7.30. “After five days, I went home and had nightmares. I didn’t expect that. “I didn’t expect to be so, um, traumatised by these people’s trauma. These are people, ordinary people and we’re treating them location of Nauru with, um—sorry, we’re treating David is a paediatrician. He trained in them with incredible cruelty,” he Nauru hosts a detention centre holding England, then worked at Westmead said, clearly shaken and upset. people who had tried to seek asylum in Hospital for 26 years. He started “It’s child abuse. Putting children Australia. They are held in a prison- looking after refugees and their infec- in detention is child abuse. So, our like environment with no prospect of tious diseases, for example malaria. Government is abusing children in release. A new clinical leader at the hospital, our name,” he said. In 2014, David’s son Mark was 23 Alanna Maycock, was intensely sup- and applied for a job with the Salva- portive of children seeking asylum. And on ABC radio on 19 June 2015, tion Army at the detention centre in In December 2014, David received presenter Joanne Shoebridge opened Nauru, was immediately accepted. He an invitation to work at Nauru, from a by saying he’s was untrained and not prepared for private company (IHMS) that has a contract for caring for people in deten- a highly regarded paediatrician but witnessing people in distress, self- tion in Australia and overseas. He had the suffering he saw on Nauru left harming and having breakdowns. to sign a contract that said he couldn’t him with nightmares. But as of next Many of the workers began having be critical of the government or the month Professor David Isaacs could PTSD after a matter of weeks. company. He asked for Alanna to ac- face two years jail if he speaks out David saw Mark on his periodic company him. about it. returns to Australia and saw Mark

In May the Border Force Act trying to deal with the experience. quietly passed both houses of Mark wrote a diary. parliament and became law. Now Detention centre staff were under teachers, doctors and security staff strict conditions not to say anything; if could be subject to two years jail if they commented on Facebook, they they speak publicly about what they would receive a warning and, the next witnessed. time, sacked. Many workers at Nauru, Manus “It’s all very vague it’s all very secretive, it’s frightening I think,” Island and Christmas Island experience Alanna Maycock Professor David Isaacs said. vicarious trauma. Some of Mark’s friends weren’t really interested in

The Whistle, #89, January 2017 11

They were in Nauru for just five days What’s happening at Nauru and the public service.” “They used him in and saw 30 patients. He had never seen Manus Islands is torture, and in many 2007 as a poster boy for their election anything like the despair. ways it’s as bad as Guantanamo and campaign, and in 2012 they treat him David offered to the people that he Abu Ghraib. The people at Nauru and like a piece of garbage,” Senator would be their voice. He and Alanna Manus Island were seeking asylum, Xenophon said. had nightmares for days after return- and had no idea of when they could be The article records that Labor’s ing, so what would it be like for those released. Jason Clare MP said “the involvement detained? David and Alanna decided of Mr Albanese’s office, if proved, they would speak out. David had little would not have established Mr to lose, but Alanna had two young Allan Kessing Kessing’s innocence,” because he did children. not reveal the link with Mr Albanese at Julian Burnside offered to defend Customs whistleblower his trial and Mr Clare had been advised David and Alanna, at no cost, and that “as a matter of public policy, it is offered great reassurance. Cynthia’s introduction (Information not appropriate for the royal preroga- David didn’t set out to be a whistle- sourced from media: Chris Merritt, The tive of mercy to be exercised to pardon blower; it just happened. He has great Australian, 9 November 2012) a person who seeks to raise a doubt admiration for whistleblowers. There about his or her conviction by raising are many cases in which whistleblow- matters that were deliberately not ers pay the penalty for doing the right raised, and tested, by them at trial.” thing. Whistleblowers can feel some And that Mr Kessing’s assertion that pride about it. he was innocent of the charge of which David was really speaking out be- he had been convicted meant “the cause of the secrecy used to hide the claim that the leaking of the reports torture. was in the public interest is irrelevant Both major Australian political to a consideration of your moral or parties have supported detention poli- technical innocence of the offence.” cies, introduced by the Labor Party in Another twist in the tale is that 1992, and have used tough policies to Allan Kessing Jason Clare MP had been advised “that win votes. Now they are ashamed by there was no internal (Australian what’s happening and want to hide Allan was a customs officer in 2005 Customs Service) investigation into information from the population. when a damning report about airport the alleged leak of information to security was leaked to the media. Op- journalists prior to the referral of the position MP Anthony Albanese pushed matter to the AFP by way of the letter the national security concerns based on dated June 1, 2005.” “Accordingly, the confidential insider information from defence were not denied access to Allan Kessing for all it was worth. The information which may have been Howard Coalition Government was gathered by an ACS investigation forced to invest millions in an upgrade, because there had not been an investi- but later fingered Alan for the leak and gation,” Mr Clare wrote. prosecuted him for a breach of the But the June 1 letter from Customs Crimes Act. He was convicted in May was not provided to Mr Kessing’s 2007 on circumstantial evidence and defence lawyers. Its existence was not almost reduced to penury. Allan denies known until it was provided to Mr leaking anything to anyone, other than Kessing after the trial by a source to (then) Labor Opposition MP inside the AFP. The letter refers to The Anthony Albanese. Australian’s article of May 31 about Just as the Barry O’Farrell Coalition the airport security reports and then government in NSW later shunned refers to “subsequent inquiries by (and prosecuted) whistleblower Gillian Customs.” Sneddon who had exposed her boss, The letter, signed by Customs inter- Labor MP Milton Orkopoulos, as a nal affairs manager Geoff Lanham, paedophile, so Labor shunned Kessing outlines the results of those inquiries in 2012, when it refused to grant Allan and concludes by saying “it would Kessing a pardon. appear from the circumstances that at On 9 November 2012 Chris Merritt, least two Customs officers who had Initially David went to Nauru to legal affairs editor for The Australian knowledge of the two reports in help children and see what was hap- reported Allan Kessing’s chief sup- question had unlawfully provided pening, stimulated by knowing of porter, independent senator Nick Xen- information” to The Australian’s re- Mark’s experience. He did not antici- ophon, had said “the decision revealed porters Martin Chulov and Jonathan pate being a whistleblower. Labor had double standards when it Porter. came to protecting whistleblowers in

12 The Whistle, #89, January 2017

Allan’s talk tion member of parliament with the Most of the workers were afraid. Allan provided a wide-ranging account housing portfolio, who agreed to raise If she had it to go through it again, of issues relating to whistleblowing the matter at a Senate Estimates she would, but in a smarter way. and security. For a taste of Allan’s Committee. Today, Katrina told about lessons perspective, see the report on his talk The board of the community hous- for the long term. at the 2015 conference in the January ing provider interrogated all staff at 1. You are not alone. 2016 issue of The Whistle. head office and warned that if any staff 2. Don’t take it personally. member had any contact with Katrina 3. Know when to walk away. that they would be dismissed, so the 4. Keep tabs on yourself. Katrina McLean area manager and accountant decided 5. Get extra help. that they could not provide her with 6. Give it time. Non-Government the documents she needed—with a nil 7. Let go of the outcome. Organisation outcome, the result. 8. Make a decision to move on. whistleblower 9. Help others. Note: Katrina is a committee member 10. There is a life after whistleblowing

of Whistleblowers Australia and a for you—if you let it. Cynthia’s introduction contact for the ACT whistleblowers. Katrina thought for a long time that In 2006 Katrina worked as a program she would never be promoted, because manager for a residential youth drug the CEO of the new NGO she now and alcohol facility. The director of the works for had absorbed the usual service at the time had paid her negative image of whistleblowing. But husband’s company and a number of things may have changed. You can still her friends pre-paid contracts and hold on to your integrity and still some of those friends did not provide continue with the next stage of your any service. Katrina raised it with the life and not be consumed by being a COO at the time who threatened her whistleblower. Katrina has been with legal action. She was able to promoted at this new NGO in spite of obtain copies of the relevant docu- the CEO having seen her on the 7.30 mentation and approached the funding Report in the segment “After the body. whistle stops.” Net result: the director resigned and Afterwards, Katrina emphasised to the organisation lost two services Katrina McLean me an important lesson from her elsewhere in the state. Katrina was experience: you can have a prosperous protected under ACT Whistleblowers Katrina’s talk (notes by Brian) life after making the decision to blow legislation for taking copies of the “10 things I’ve learned about life after the whistle. Some whistleblowers are relevant documentation. whistleblowing or you don’t have to broken by their ordeal, but it doesn’t In 2009 Katrina worked as a client be a bunny in the headlights …” have to be this way. service officer for a community hous- She said she’d gone through the She provided a quote from David ing provider. The administrative exec- usual round of problems, with threats, Foster Wallace, a US novelist: utive gave her son a contract for lack of support and everyone thinking $200K to upgrade the capital proper- she was the mad person. In her first True heroism is minutes, hours, ties in her portfolio. Her son was a whistleblowing case, the wrongdoer weeks, year upon year of the quiet, chef with no previous experience in was sanctioned. precise, judicious exercise of project management. When Katrina Then another matter arose. She was probity and care—with no one there raised the need for contracts to go out told that a chef, not a contractor, had to see or cheer. This is the world. to tender, the administrative executive been awarded a tender that hadn’t been stated this was not required for non- advertised. There were lots of dodgy government organisations (NGOs)— things going on. She had a politician which Katrina knew to be incorrect. lined up, and media. The chair of the Subsequently the administration board scheduled a meeting with staff executive contacted Katrina to say that and told them all that if they had any- the chairman of the board also had a thing to do with Katrina they would be conflict of interest because he owned a dismissed. So two others got cold feet bank franchise in the area of the office and didn’t provide the documents they headquarters and had made a loan with had promised. interest to the community housing The rest of the workforce was told provider in a bid for the then Rudd that Katrina was mentally ill. She was government’s stimulus housing fund- told of plans to manufacture emails to ing. The area manager and accountant discredit her. The whole approach is to agreed to provide her with the docu- portray the whistleblower as being the ments. Katrina approached an opposi- problem.

The Whistle, #89, January 2017 13

Robina Cosser Note: Robina is the junior vice presi- Queensland education dent of Whistleblowers Australia and whistleblower its schools contact. Robina is also the creator and editor of the websites “The teachers are blowing their whistles” (theteachersareblowingtheirwhistles.com/) and “Whistleblowing women” (whistleblowingwomen.com/).

Robina’s talk When you ask a whistleblower if they would do it again, they pretty well always seem to say, “Yes, I would

Robina Cosser have to.” Why? Cynthia’s introduction Why do some people feel compelled Robina has published a brief account to become whistleblowers, while other I realise now that it was all a bit colo- of her story on her website “Whistle- people feel no such compulsion to nial. We 15% girls were being trained blowing Women” as follows: disclose corruption? to go out around the world and teach I remember a comment made by a our 15% values to the colonials. The In 2000 the Grade 7 students at man who had spent his childhood as a colonials were supposed to stay where Lynch-Mob State College were student at a lovely, sheltered Steiner they were, in their own countries, but roaming about the school, disrupt- school. Then he had gone out into the to adopt our 15% value-system. ing the other classes. world and he discovered that every- (In my work with teacher whistle- I discussed the situation with the body was horrible to each other. He blowers, I have noticed that many of acting principal, Mrs GR. She believed that his Steiner school had them are also migrants from England, advised me to discuss the situation significantly disadvantaged him in life. Scotland, Canada, America and New at a staff meeting. She put it at the I now wonder if my own childhood Zealand—the “old colonial” coun- top of the agenda for the next world may have been similarly limited. tries.) meeting. But at the staff meeting I grew up in a small town in When we were 18, we 15% girls all she spoke before me, talking at England, during the bleak post-war left our small town to go to colleges length about “a person” who was years. My father told me that he had and universities all over England. humiliating students. fought for a better world. He taught me During my final year at teacher’s The next day a friend warned me to “tell the truth and shame the devil”, college a union representative came to that “the person” was me. “a man is as good as his word” and talk to us about “professional ethics.” My friend told me that Mrs GR that “a man’s word is his bond.” When He warned us to “never put yourself in was telling teachers that I had told a I was a child I could never imagine a a position where you might be giving child to put their nose to the wall, grown man telling a lie, or laughing evidence against another teacher in and that if “it” continued, I was with pride because he had told an court.” I took the union representa- going to be put on Diminished elaborate lie. Men just did not do that tive’s “professional ethic” very seri- Workplace Performance (DWP). sort of thing. ously. At that time I did not see the I rang Mrs GR and she confirmed During the 1950’s I went to a prep conflict between the union representa- that I was the person she had been school where the other students were tive’s “professional ethic” and my talking about to the teachers. nice kids from nice families. There father’s “tell the truth and shame the I was deeply shocked by Mrs were no behaviour problems at my devil” moral value. It was many years GR’s behaviour. I became very ill. school. In the 1960s I attended a selec- before I realised that the union repre- My doctor gave me a week off work tive girls’ high school, only mixing sentative was actually telling us to turn and during that week (and) I sought with 15% of the population. The other a blind eye to child abuse. advice on how to deal with Mrs 85% of local children went to another During the next twenty years I GR’s behaviour. school in another area and we 15% worked as a teacher in England and girls had no contact with them at all. New South Wales. I was never aware Robina’s experience degenerated into Every day we 15% girls sang that we of any ethical issues. Many of the the sorry, unforgivable tale that whis- were going to “fight the good fight Greek and Italian teachers I worked tleblowers everywhere can relate to with all our might.” We girls were not with in Sydney came from small and, eventually, it led to her having to being brought up to be passive, or to communities like my own and held give up on a thirty-year unblemished “go with the flow.” similar small-town values. career as a primary, secondary, Art, Then in 1987 I came to work in Special Needs, ESL, Indonesian and Queensland and I found myself in a Advisory Teacher in England, NSW very different environment. and Queensland.

14 The Whistle, #89, January 2017

schools. The funds had been banked by A whistleblower’s workmates may my second school and I could not get be sympathetic—but they “have mort- the second school office staff to pay gages to pay” and are easily frightened the bills. A lot of my time and energy into silence with threats and mysteries. was being drained away dealing with My fellow teachers bravely “told the phone calls from teachers’ aides who truth and shamed the devil” at first. had not been paid. Then my first They requested a formal meeting with school office staff asked me if they the senior officer and told her that she could bring a JP to my home one was making a mistake, there was no A Queensland schoolhouse evening to take a statement from me problem with my teaching. But she that they had paid my second school told them that there were “secret other It was immediately obvious to me that office some money and the second reasons” why it had to be done, and many of the teachers I was meeting school office would not give them a she told them repeatedly that they were afraid. They would urge me to receipt. would get into “very serious trouble” if “Go with the flow, go with the flow, I suggested to a senior officer at my they discussed the situation with me. don’t rock the boat!” But if you have second school that there was potential no experience of corruption it is im- for “something really bad to happen” possible to imagine how all-pervading in the school office because the office and overwhelming it can be. I could staff seemed to have such difficulty not understand why the teachers were dealing with money. so afraid. So, when I noticed problems I went to the District Office and in schools, I continued to raise profes- asked for a transfer away from this sional issues and to engage in profes- second school because of this and sional discussion. I thought, as so other problems that were making it many whistleblowers do, that I was difficult for me to do my job just doing my job properly. properly—but I could not get a trans- A mortgage to pay In late 1999 a child told me that his fer. Queensland teachers can be male teacher often hit him. The rest of trapped in a poor working environment So my fellow teachers then became the class sat and looked at me in for years. The principal knew I wanted afraid to be seen talking to me. silence, so it appeared to be true. I told a transfer and twice spoke to me very I made a grievance about the senior the principal what the child had told charmingly, assuring me that he would officer’s abuse of the MUP process to me. The principal told me that the deal with some of the problems at the “pay me back” for raising my concerns male teacher had a long history of school. about the numbers of children missing warnings for this sort of abuse. But he One year later—towards the end of from the Grade 7 classrooms. made no written record of this male 2000—I spoke to a senior officer at The union advised me that the teacher’s abuse of the child. this second school about the number of departmental grievance process did not A few weeks later, during an in- Year 7 children who were roaming work. They advised me that they had service on the department’s policies on about the school, disrupting the other never known any grievance made by a child abuse, the principal asked us to classes. There would sometimes only Queensland teacher to be upheld. They discuss what we would do if a student be 6 or 11 children in the Grade 7 advised me to “accept the things that told us that they were being abused by classrooms when I arrived for my cannot change, because teachers who another teacher. An Aboriginal specialist lesson—the other students fight it have breakdowns.” teacher’s aide turned to me and were roaming about the school, dis- But I did not believe that the system sneered very loudly, “Well, we all rupting the other classes. In addition to could possibly be so corrupt. I thought know what you would do, Robina!” the disruption, I felt that this was a that if I just explained what was going I was dumbfounded. The in-service very risky situation—children could be on … and so I began my 16-year was on child abuse and I was getting abusing each other in the toilets, whistleblowing journey through vari- the message that we should report having accidents, being attacked by ous Queensland public service depart- child abuse—but every other person in strangers, anything could be going on ments, trying to find one Queensland the room seemed to be getting the and nobody would know. The princi- public servant who had the integrity to message that we should not report pal told me that several other teachers “know about” and to deal with the child abuse. And why would this had raised this issue with him. abuse of the MUP and grievance pro- Aboriginal woman, whom I had One term passed and the Grade 7 cesses to drive Queensland teachers always liked, speak to me in such a children continued to roam the school, into ill health and out of work. nasty manner? I felt very confused. so I discussed the situation with an- First my grievance was sent back to What was really wanted of Queensland other senior officer at the school. This the school to be investigated by one of teachers? What was the right thing to seemed to be the final straw. She told the two officers involved. I was do? me that I was going to be put on required to meet with the two officers I was working at two schools at this Managing Unsatisfactory Performance at the school, so that one of the officers time. I had been given a grant to (MUP). could read his “grievance investigation organise an Indonesian Day for three The “payback” had begun. report.” During this meeting I was

The Whistle, #89, January 2017 15 threatened five separate times that and emails seem to have been simply your lips sealed to be a “life skill.” “action would be taken against me” if I deleted. When I made FOI applications They have no reverence for telling the continued with my grievance. to find out what was happening to my truth at any cost. “You have to calcu- At one point one of these senior emails, a new decision was made that late the risks,” one French father officers made a new allegation con- they should be stored on a depart- explains. “If the advantage is not to do cerning me. I said “But that isn’t true mental computer without being read. anything, (my son) should do nothing. is it? It did not happen.” The officer These Queensland public servants, I want my son to analyse things.” replied “There is no such thing as many of them qualified solicitors and (Pamela Druckerman, Bringing Up truth, Robina. There is just your per- barristers, did not feel any obligation Bébé, Penguin, 2014, pp. 251–252) ception!” and both senior officers to “tell the truth and shame the devil.” roared with laughter. Quite the contrary, the public servants I was dumbfounded again. It was seemed to have developed a very obvious to me that these senior officers simple process that enabled them to were totally confident that they were entirely disregard the truth. The public going to “get away with it.” servants called this process “natural I made a disclosure to the Director- justice.” General of Education and the Minister of Education concerning the abuse of the MUP and grievance processes to drive Queensland teachers into ill health and out of work. I also made a disclosure to Peter Beattie, then Labor premier of Queensland, about certain political conflicts of interest that seemed to be affecting the investigation into my So a whistleblower will find them- grievance. selves surrounded (a) by fellow work- My disclosure was sent back down ers who have been threatened and to a senior officer in the District Office mystified into silence and (b) by public who had been advising the senior servants who have been trained to officers at my school how to put me on disregard the truth. MUP. This District officer wrote a But how do the rest of the commu- briefing for the Minister in which she nity regard whistleblowers? And when I was travelling back from did not mention (a) her own conflict of I realise now that, in addition to the Dubai earlier this year, as we came interest in the situation or (b) the public servants and my workmates, into land at Melbourne, before the serious conflict of interest on political there are other groups in our commu- “seatbelts” sign had been switched off, grounds. She advised the Minister (and nity who hold values very different two large African men stood up at the the Premier, and the Director-General) from those of a 15% whistlebower. back of the plane and walked right to that my disclosure had been found to The response of the Aboriginal the front of the plane. The much be unsubstantiated and to declare my teachers’ aide to my own disclosure smaller male flight attendant signalled disclosure “finalised” and not to re- (and what I have read about the values to them to sit down, but they ignored spond to any more of my letters or of Aboriginal communities) suggests him and remained standing at the front emails. to me that Aboriginal Australians do of the plane. I found their behaviour So Peter Beattie (with his big, not approve of people who blow the really shocking. But then I realised that swirly signature) and the senior public whistle on wrongdoing, particularly on these men had not learned to value servants all signed an agreement that child abuse. “having good manners”, following nobody would respond to my letters My Asian friends do not seem to instructions or “doing the right thing.” and emails. share my own attitude to facts. And Their life experience had taught them A few days later a number of docu- they seem to be more used to living that people who follow the rules will ments were released to me under with corruption. die. Increasing numbers of the people Freedom of Information. I immediately And some young Australians seem in our community will have had this realised that many of my departmental to take a pride in telling whopping sort of life experience. And they will records had been significantly falsi- great “barrow boy” lies. have large families. And they will fied. I emailed the department to But I was quite shocked recently to teach their children the “life skills” that advise them that my official records realise that the French (such a sophisti- they have learned, just as my own had been falsified. I asked “Who cated society—and just over the water father taught me his own “life skills.” should I report this to?” Nobody from England!) also view whistle- So many of these (very different) “life replied—because every public servant blowers very negatively, apparently skills” seem to have been developed in Queensland had been instructed not because of all the informing on neigh- during wars. to respond to my emails. bors that went on during World War II. So what to make of all of this? From that point onwards my letters The French consider learning to keep Many members of WBA are older

16 The Whistle, #89, January 2017 people. Are we dying out? Are we the So what can an investigative jour- victims of a very unfortunate, clunky Gabor’s talk (notes by Brian) nalist do, in light of metadata retention 15% upbringing, trapped in the values Gabor asked everyone with a and hacking? Besides encryption, it is of another time and another place? smartphone to put up their hands. For important to write and communicate in Will we become the dinosaurs of our those with hands up, 21 agencies will a secure environment, hide the meta- age? Will people brush over our stories be able to use metadata to determine data, compartmentalise your work, and in The Whistle in years to come and that you were attending the WBA solve the first-contact problem. So use say to each other, “Ah yes, the whis- AGM. the Tails or Whonix operating system tleblowers, now weren’t they a curious Investigative journalists reveal (for anonymity) and the Qubes OS (for group of people?” many things and are vital to an open security). Journalists should combine society. They rely on information both worlds with the Qubes OS and sources. Some obstacles they face Whonix. To hide metadata, use Gabor Szathmari include opaque government systems Ricochet IM for chat and OnionShare and sources being afraid to speak out. for file exchange. “Help! Some journalists are imprisoned for Compartmentalisation of work lim- I am an investigative doing their jobs. its the damage from being hacked. journalist in 2017” There are abuses. The Australian This involves using separate laptops Federal Police admitted seeking access for research and communication, one

to a Guardian reporter’s metadata email mailbox and USB drive per Cynthia’s introduction (Information without a warrant. The Intercept re- source. A unique password on any sourced from websites for Gabor, the vealed that secret rules make it pretty website is also a good idea so that if CryptoParty and EFA) easy for the FBI to spy on journalists. one password is illicitly obtained, it

There is a long history of intercep- can’t be able to be used to break into Gabor is an information security free- tion of messages, including through your other accounts on LinkedIn, lancer in his professional life. He is the the UK postal service in the 1700s Google, Facebook, etc. founder of “Privacy for Journalists” (“Black Chambers”), telegraph in the (https://privacyforjournalists.org.au), a mid 1800s, on to today’s electronic website helping journalists protect data surveillance of text messages, their information sources. In his free phone calls, emails and much else. time, he is busy with organising the What to do? One option is encryp- monthly CryptoParty privacy work- tion of sensitive data (documents, text shops in Sydney. Gabor is a passionate messages, voice calls, etc.) in transit privacy, open government and free and at rest. There are all sorts of speech advocate. programs available for encrypting data Gabor is also the president of Cryp- in transit. When texting someone or toAUSTRALIA, whose vision is a making a call, use Signal. For en- society where everyone in Australia crypting emails, use PGP. For video has the necessary skills to defend their calls, use Wire. For encrypting data at privacy. Its mission is to inform and The first-contact problem is this: as rest, you can use BitLocker (for educate ordinary citizens and profes- soon as a whistleblower or indeed Windows), FileVault (for Mac) and sionals on privacy and information anyone makes electronic contact with a LUKS (for Linux). However, these security. journalist, their identity may be com- programs are far from enough as they Gabor is representing CryptoAUS- promised via metadata, namely a miss two important things: metadata TRALIA today and his talk focuses on record of the electronic connection retention and state-sponsored hacking. only one of his passions, “Privacy for between the devices used by the Metadata of phone and internet Journalists.” whistleblower and the journalist. This activity is kept for two years in problem can be addressed by using Australia, and can be used to map anonymous uploading systems such as social connections. SecureDrop and GlobalLeaks. Government hacking, on the other Journalists should leave their hand, is concerned with hacking into phones at home, because the phones the phones and laptops of ordinary are spying machines. The safest tool of citizens. For example, the Tailored all is pen and paper, which can hardly Access Operations (TAO) intelligence- be hacked. gathering unit in the United States sets In summary, surveillance is now up backdoors on routers and laptops very sophisticated. A journalist can be purchased online. Alternatively, phish- linked to an informant via metadata ing and other exploitation techniques and data mining technologies, and are used against the targets, as revealed phones and laptops are vulnerable to by Edward Snowden in 2013 (see hacking. To resist, use encryption, a “FOXACID”). secure operating system, pen and Gabor Szathmari paper, hide metadata, compartmental-

The Whistle, #89, January 2017 17 ise, leave your smartphone at home that he is not an expert in any of the plexity, it is often better to use simple and solve the first-contact problem. areas covered, but he does have a methods. The knowledge needed for Gabor’s slides are available on his background in IT, law, privacy, IT high tech analysis is too scarce. A blog at https://blog.gaborszathmari. security and risk management. He whistleblower should consider their me/2016/11/21/help-i-am-an- draws on public sources and common tolerance or appetite for risk. The investigative-journalist-in-2017/ sense. He doesn’t feel well informed implication is not to try to be clever enough to use highly technical means. but rather stick with familiar tech- He prefers to keep it simple. niques. Another implication is not to David Vaile try to be brave unless you really want to be: don’t reveal your identity unless Communications risk you need to—making the information management for public may be enough, and reduces whistleblowers risk. Assume the unexpected and unintended will happen.

A large proportion of US Cynthia’s introduction (Information mathematicians is employed by the from the UNSW website) National Security Agency to break In 2002, David became executive encryption or to develop encryption director of the Cyberspace Law and with backdoors. In Russia, the collapse Policy Centre, and in 2013 co- of the Soviet economy led to many convenor of the new Cyberspace Law skilled IT people being available for and Policy Community. He has hire. coordinated Centre support for Whistleblowers should think of David Vaile research projects such unlocking their aims. A key decision is whether intellectual property, interpreting to be identified. There’s no need unless The legal environment for whistle- privacy principles and regulating you want to be, or if being public blowing is not favourable. Internation- online investing, including input into makes you safer, because of the risk of ally, the Obama administration has public policy processes; presents for serious reprisals. Going public some- used the Espionage Act against whis- the community at conferences and times can make the information more tleblowers more than any previous fora; and runs intern programs. credible. Staying sane is another aim. administration. In Australia, there is no His background in law, information Whistleblowers need to decide who legal right to privacy or free speech. technology (IT) and communications they want to deal with: politicians, Both the Labor Party and the Liberal includes work in areas such electronic journalists and activist groups are Party supported the data retention act health records software, appellate legal possibilities. The recipient’s interests in the Senate, while all other parties research, data protection, public and motives need to be probed, and (from Greens to Palmer) opposed it. interest and test case litigation, co- their capacity to protect you. Meanwhile, there is a proliferation of founding the virtual community for What channel should be used? Pen cybercrimes that could be investigated NGO lawyers and advocates, online and paper may be safer than digital or prosecuted, but seldom are. Some professional education and governance communications, which are risky be- jurisdictions—Victoria, ACT—recog- of IT risks. More recently David’s cause of metadata retention, digital nise a right to anonymity, but this interest in online regulation has device location (via GPS, WiFi and wouldn’t mean much if criminal sanc- resulted in collaboration with NSW phone tower triangulation) and so tions were involved. Privacy Commissioner’s Office, forth. There are so many opportunities The IT security environment for Judicial College of Victoria, and the for identifying digital devices that it whistleblowers is not favourable. In- Licensing Executives Society of might be better to use the post. It’s truders can get in despite the best Australia, as well as a range of safer to use ordinary paper, toner and protection; even security agencies are consumer and non-government bodies. printer; use a post box out of the area, vulnerable. There are massive breaches His research interests include e- and not list a return address. Ensure of security. In the US, cyberspace is security and IT risk management, that the documents, the stationery or being militarised: in the face of secu- personal safety online, digital content anything else do not reveal your rity intrusions, the response is to be regulation, privacy and data protection, identity. counterattack rather than better secu- communications confidentiality and Which are the greatest threats to rity. The Internet has become a personal information security, your privacy: governments (being machine to collection of evidence. It is jurisdictional issues, copyright and over-zealous), business (being over- impossible to prevent intrusions or digital IP, e-health records and user- optimistic), criminals (hacking)—or exfiltrations. (Exfiltration is collecting centred design. your friends (Facebook or otherwise)? data and taking it elsewhere.)

The risk environment for whistle- David’s talk (notes by Brian) blowers is challenging. Because no How should whistleblowers manage method is perfect, then in a situation of the risk that their communications will great uncertainty, ambiguity and com- be compromised? David emphasised

18 The Whistle, #89, January 2017

WBA AGM

Whistleblowers Australia Vice President: Brian Martin Cynthia singled out our former junior Annual General Meeting Junior Vice President: Michael Cole vice president and schools contact, 20th November 2016 Treasurer: Feliks Perera Robina Cosser, who has officially North Parramatta, Sydney NSW Secretary: Jeannie Berger moved to the position of an ordinary

National Director: Margaret Love committee member today, saying 1. Meeting opened at 9.15am

Meeting opened by Cynthia Kardell, 5(3) Ordinary committee members (6 I have always admired the creative President. Minutes taken by Jeannie positions) and productive energy of teachers Berger. Because there were no other nominees, and Robina is no exception. Since the following were declared elected. I’ve known her she has always 2. Attendees: Cynthia Kardell, Jeannie looked to see what can be done to Berger, Brian Martin, Feliks Perera, Robina Cosser further the aims of WBA and she’s Robina Cosser, Geoff Turner, Katrina Stacey Higgins just pulled up her sleeves and got it McLean, Michael Cole, Lesley Killen, Toni Hoffman done, but always with an eye to Graham Schorer, Alan Smith, Trent Katrina McLean creating something that will have a Liang, Ken Smith, Gerry Dempsey, Lynn Simpson lasting effect—like her websites, Karen Burgess, Ross Sullivan, Tim Geoff Turner which I’m sure will endure and Morrison, Nikhil Shah, Steven Hall, even grow. And while by her own Lucie Litchfield. President Cynthia Kardell thanked all account it has taken 16 years for her of the committee for its good work, to be able to shrug off her regrets 3. Apologies: Lynn Simpson, Jane and provided two examples of how about the Queensland Education Cole, Margaret Banas, Margaret Love, WBA has both maintained and ex- Department’s failures, let it be said Stacey Higgins, Toni Hoffman, Harry tended our capacity in the last year. that it has never stopped her from Albani, Rhonda Aubert, Ken Carroll, Toni Hoffman continues to field helping others to realise their aims. I Carol Devine, Con Dassos, Adam health-related inquiries many years understand Robina’s reasons for Hadad, Debbie Locke, Tom Lonsdale, after blowing the whistle in the Jayant wanting to scale back her commit- Greg McMahon, Stephen McNally, Patel or “Doctor Death” scandal at the ments to WBA and I’m thankful for Gail Mesinga, Dennis Morgan, Karl Bundaberg Hospital. Stacey Higgins her friendship and hard work, but Pelowski, John Stace, Bob Steele, Rob continues to manage our Facebook I’m sad, because I’ll miss her. I Tierney, Jim Page. page, but she is now also receiving wish you well, Robbie. I know we inquiries about freedom of information all do. 4. Previous Minutes, AGM 2015 laws after giving a talk at last year’s Cynthia Kardell referred to copies of conference. 6. Public Officer the draft minutes, published in the Margaret Banas has agreed to remain January 2016 edition of The Whistle. the public officer. Cynthia asked the Cynthia invited a motion that the meeting to acknowledge and thank minutes be accepted as a true and Margaret for her continuing support accurate record of the 2015 AGM. and good work. Proposed: Feliks Perera Seconded: Lesley Killen 6(1) Cynthia Kardell invited a motion Passed that the AGM nominates and author- ises Margaret Banas, the public officer 4(1). Business arising (nil) to complete and sign the required submission of Form 12A to the 5. Election of office bearers Department of Fair Trading on behalf of the organisation, together with the 5(1) Position of president lodgement fee, as provided by the Cynthia Kardell, nominee for position Treasurer. of national president, stood down for Proposed: Feliks Perera Brian Martin to act as chair. Because Seconded: Lesley Killen there were no other nominees, Cynthia Passed was declared elected. 7. Treasurer’s Report: Feliks Perera 5(2) Other office bearer positions (Cynthia resumed the chair.) 7(1) Feliks tabled a financial statement The following, being the only nomi- Cynthia Kardell for 12-month period ending 30 June nees, were declared elected.

The Whistle, #89, January 2017 19 2016. A motion was put forward to accept the financial statement. ANNUAL ACCOUNTS TO YEAR I’ve done the usual interviews, mostly Moved: Lesley Killen ENDING 30 JUNE 2016 with the new online media outlets or Seconded: Michael Cole radio but inevitably a ten-minute inter- Passed INCOME view still becomes a one-liner. SUBSCRIPTIONS $3200.00 This year the media has been spoilt Feliks’ report DONATIONS $1090.00 for choice what with big business fraud Once again, it is my pleasure to present INTEREST ON FIXED being exposed in the four big banks, to you the accounts for the financial DEPOSIT $202.46 IOOF, 7-Eleven and more recently th year ending to 30 June 2016. BANK DEPOSIT $0.93 Appco and Caltex among others. And During this financial year, our TOTAL INCOME $4493.39 internationally in the wake of the expenditure exceeded the income by Panama Papers, Swiss Leaks and Lux- $2040.84 EXPENDITURE Leaks it seems whistleblowers are This is due to the increased costs of WHISTLE PRODUCTION $2,803.91 leaking like sieves, which is wonderful printing and postage of The Whistle, SUBSIDY FOR CONFERENCE $1,967.90 to see, because protection is still and the subsidy for the very successful RETURN TO BRANCHES $250.00 largely hard to come by unless you’re November 2015 Conference. ANNUAL RETURN FEE $53.00 anonymous or willing to swap coun- The membership has benefitted PAY PAL COSTS $3.90 tries like Ed Snowden and Julian much from these expenditures. Our TOTAL EXPENSES $6534.23 Assange. investment with the National Australia I wrote to the NSW DPP to ask Bank has also delivered smaller EXCESS OF EXPENDITURE OVER whether the disastrous decision in the dividends owing to the current low INCOME -($2040.84) Murray Kear case could be appealed, bank interest rate. The total donations ------with no answer. You’ll recall the NSW for the year amounted to $1090.00 and ICAC found SES Commissioner I gratefully acknowledge the generos- BALANCE SHEET, 30 JUNE 2016 Murray Kear had corruptly sacked ity of our members. ACCUMULATED FUND BROUGHT whistleblower Tara McCarthy and it FORWARD FROM 2015 $23161.16 seemed a trial would probably follow. LESS EXPENDITURE OVER INCOME But it wasn’t to be. On my analysis of -($2040.84) the decision, the judge didn’t under- TOTAL $21120.32 stand the evidence, because Tara didn’t have any problems with the wrongdoer FIXED DEPOSIT WITH or her boss before she blew the whis- NATIONAL BANK, $13470.70 tle. And afterwards, her boss took BALANCE OF CURRENT every opportunity to exploit her cir- ACCOUNT $7049.62 cumstances to his advantage: it was a DEPOSIT FOR 2016 deliberate beat-up. CONFERENCE $600.00 I followed up with a letter to NSW Attorney-General Gabrielle Upton TOTAL $21120.32 with the same result. Fortunately Greens MLC David Shoebridge raised 8. Other Reports the Kear decision in the ICAC inquiry about the quality of the evidence it 8.(1) Cynthia Kardell, President passed on to the DPP and it seems the DPP just didn’t do a good job. It didn’t The past year has been a little less busy have its heart in it and, as it happens, than the previous year although the this is Tara’s opinion. We’ll never shift to a 50/50 split between public know. All we can do is look to the and private whistleblowers has re- future, so David Shoebridge MLC has For WBA, the money keeps flowing. mained constant. University students offered to look at trying to amend the

are still wanting help with their as- act to make a future conviction more Our membership has been steady signments and people still see us as a certain in similar circumstances. during this financial year, and any source of good information. At least Ziggy Switkowski, CEO of efforts to bring in more new members NBN Co, replied to my letter even if it are always welcome. was to a question I didn’t ask. I wrote I want to record my sincere thanks regarding his complaint to the Aus- to the members of the National Com- tralian Federal Police about the leak to mittee for their cooperation and confi- the media about blow-outs and the dence in me. I also want to record my poor business decisions Malcolm thanks to the members for their con- Turnbull made when he was the stant support and cooperation in our minister. I wanted to know whether the struggle to take care of whistleblowers. Don’t despair: Cynthia can help. AFP was wrongly doing his bidding

20 The Whistle, #89, January 2017 when it agreed that his employee could to know and allow the CCC to prose- change Commission (SEC) legislation photograph documents during the AFP cute a whistleblower if an allegation to our purpose. raid on Labor senator Stephen becomes public ahead of a finding. If we do see a false claims act legis- Conroy’s office and copy them to the This would be a backward step, like lated in this country I suspect the NBN Co executives. The documents the NSW government’s legislative public profile of a whistleblower will are now the subject of a claim for change this week to stop the ICAC get a bit of a lift, from grudging to well parliamentary privilege, which a from conducting public inquiries or and truly deserving respect. It can only Senate committee will decide. To date making public findings of corrupt help even if it’s long overdue. the whistleblower hasn’t been identi- conduct unless a majority of three Finally, I want to thank all of you fied and I hope it stays that way. commissioners agrees. The last is a who gave a whistleblower a hand up Fingers crossed Labor got it right this part of a so-called restructure that will during the year when they needed it time. require the present commissioner, most and for staying on message, Megan Latham, to re-apply for her job because it is clear we’re on the right two years out from the end of her term. side of history! This came about because the ICAC planned to make public findings that the 11 Liberal MPs who took illegal donations prior to the 2011 election were corrupt and because of the media frenzy around allegations that public prosecutor Margaret Cunneen SC had allegedly advised her son’s girlfriend to feign chest pain to avoid the ambulance driver taking a blood sample after a traffic accident. The I made submissions to the Federal and ambo rushed her off to hospital. The Victorian parliamentary reviews of the blood test, which was done at the relevant whistleblower protection acts hospital, was negative. The ICAC 8.(2) Jeannie Berger, Secretary (although it is fairer to describe them interviewed Cunneen in camera before Memberships are steady. This year we as “protection from whistleblowers” deciding to have a public inquiry. have 135 members. Cynthia continues acts for all the good they do to protect Cunneen cried foul and took ICAC to to send out The Whistle to a larger whistleblowers or get the wrongdoing court and won. The Government group of people other than financial investigated). The submissions are changed the law to accommodate the members. All up approximately 200 available on the parliamentary web- court’s decision, namely to ensure that Whistles get sent out. The primary goal sites. the DPP’s prosecution of Labor MP is to spread the word. Eddie Obeid went ahead and that the ICAC could not make a public finding 8.(3) Geoff Turner, Communications of corruption about the 11 Liberal I continue to maintain and update the MPs. WBA website. Our email system has The question is, should the public not changed. Emails sent to our main know that an investigation by the CCC contact address go to Cynthia and my- is underway and when should it be self. As reported last year, we had an public? I argue that secrecy only ever issue with a fraudulent website using serves powerful self interests: a copy Whistleblowers Australia’s name. We of my submission is available on the are happy to announce it has now CCC’s website. vanished. I also made a submission to the I’ve kept in contact with the federal Queensland review of the Crime and Attorney-General’s department since 8.(4) Brian Martin, International Corruption Commission (CCC) policy the Gillard government decided to liaison and editor of The Whistle. that allows an allegation of corrupt investigate the possibility of a US-style I periodically keep in touch with conduct to be made public ahead of a false claims act and it seems the Labor whistleblowers and whistleblower or- decision to investigate. It was and cross bench push for a banking ganisations in other countries, for prompted by its finding that allegations and financial services royal commis- example with Guido Strack from made public in the lead-up to a state sion has given it unexpected legs. Only Whistleblowing Network Germany. election that (then) premier Campbell recently, Jordan Thomas, a lawyer The Whistle continues to be Newman may have failed to disclose from the US who works in the area, published four times a year. Members certain financial and non-financial spoke on the topic at a media confer- are encouraged to submit a story. interests while he was the Lord Mayor ence, met up with Fairfax executives Don’t be shy! There are usually four of Brisbane were untrue. If there is a and later with a group of government, sections to The Whistle: page 1, arti- change, it will put the possible loss of opposition and cross bench members cles/reviews, media watch and last reputation ahead of the public’s right to discuss adapting its Securities Ex- page. In January there’s also a report

The Whistle, #89, January 2017 21 on the conference and the draft AGM mine this if it is not onside. They proved, fencing was improved and the minutes. will kill any reform they see as teachers were given personal duress against their interests,” Beattie said. alarms, we are told. A new Aurukun 8.(5) Robina Cosser, Schools contact teacher housing precinct will be built, After sixteen years, I think I am This supported the idea that I discussed we are told. Let us hope that these are moving towards the end of my whis- at the conference last year: the senior more than bland reassurances. tleblowing journey. public service is our problem. The There have now been at least When I first blew the whistle I was senior public service in Australia is 663,000 views of my web sites for sure there would be somebody in the failing whistleblowers. It is failing the teachers. Sometimes people spend Queensland public service who was Australian people. hours reading what I have written. not corrupt, and if I could only find I spoke last year about the poor Even when I am relaxing overseas, my that person, my problem would be quality of people who are being website continues to expose the sys- resolved. But I never did manage to promoted to the senior ranks of the temic problems 24/7. find that person. Australian public service. It is not After sixteen years, I can honestly acceptable that, in Australia, a person say that I feel I have made my point. I with a long prison record, a prison might not have brought about a great record that would bar them from ever deal of change, but I have “fought the becoming a classroom teacher, is able good fight.” to spring rapidly through the ranks of Now I am going to hand over to a the public service and to become a new WBA Junior Vice President who director-general of education. has my full confidence and support. These dubiously-promoted senior I would like to thank Cynthia most public servants are then able to give sincerely for her listening ear, her each other references, interview and understanding and her very valuable promote each other. advice, and Brian for his insight—such The types of people being promoted valuable insight—into whistleblowing, are very charming, and, I would over so many years. I will miss you strongly suspect, already fully aware of both greatly. the wrongdoing that we whistleblowers I will miss all of the friends that I are struggling so hard to disclose. have met each year at the conferences. An honest member of the But, as I have discussed earlier at You have been a huge support to me. Queensland public service the conference, Australian public ser- My good wishes go with you on

vice policies and processes seem to your own whistleblowing journey. So, for me, the most interesting devel- have been “set up” (over many, many opment the past year was this quote years) to prevent these senior public from Direct Interference by Chris servants from ever officially “know- Mitchell, former editor of the Courier- ing” anything or ever needing to actu- Mail, in The Australian on 20 August ally do anything about wrongdoing 2016. except to be very charming and to

produce bland reassurances. Back up 18 years and (Noel) Teacher housing, for example, has Pearson was a columnist for me at always put Queensland teachers Brisbane’s The Courier-Mail. He working in remote communities at risk did not know the then Premier, of harm. Peter Beattie, and wanted to talk to In September 2008 Labor Member the Labor leader about his ideas on for Cook Jason O’Brien said, “Quite welfare reform. frankly, some of the housing teachers I introduced them. We listened to are expected to live in is in such poor Pearson for more than an hour. condition you nearly want to cry.” A whistleblowing journey can Beattie was mesmerised. take you to exceptional places. But teachers working at Aurukun His first response was that he continued to live in insecure accom- wanted to help. His second shows a 8.(7) Agenda items and motions modation till 2016. It was only after wisdom that probably explains the (previously notified) the situation had developed into a cri- success of his long term as premier. None put forward. sis, and the Aurukun teachers had to be Beattie wanted Pearson to repeat evacuated to Cairns for their safety— everything he had just said for the 8.(7i) AGM 2017 in Sydney and after the teacher housing problems director-general of health right 8.(7ii) Priorities in 2017: none dis- had became very public—that an effort away. cussed. was made to improve the safety and “Because, mate, no matter how security of Aurukun teacher housing. much I or the media support you, it 9. AGM closed 12:50PM Electronic security systems were is the bureaucracy that will under- installed, security lighting was im-

22 The Whistle, #89, January 2017 Media watch

Risk but no reward for that has been obvious for years,” he whistleblower, think again. says. “I just hope [Malcolm] Turnbull The now former executive not only Australian whistleblowers acts on it.” lost their job but was subjected to Nick McKenzie and Richard Baker For anyone who doubts the potential serious threats that may have been Sydney Morning Herald repercussions of speaking out in an linked to figures in the country in 30 December 2016, pp. 6–7 organisation, consider the story of which BHP Billiton was doing another well-known Australian whis- business. (There is no suggestion BHP A FEW WEEKS AGO, Brian Hood, the tleblower, former Football Federation Billiton was involved or knew of these whistleblower who exposed an alleged Australia corporate affairs manager threats.) Sources aware of the case say national bribery scandal linked to the Bonita Mersiades . the insider had to go on the run. The Reserve Bank, put his Melbourne She blew the whistle on the FFA’s whistleblower’s career was ruined. house on the market. use of dubious and overpaid overseas It is unlikely Australia will follow Hood is an intense, quietly spoken consultants as it sought in 2010 to win the US path in handsomely rewarding ex-VFL umpire and former executive. the backing of shonky, powerful FIFA corporate and tax whistleblowers. Now—thanks to his speaking out—he officials for the right to host the World Given the comparable legal system and is unemployed. Cup. culture, it is far more likely Australia He is still waiting to testify in the Like Hood, Mersiades lost her job. will follow the British lead. The UK Australian-first case he helped launch She was interviewed about Australia’s system involves no payments to —a prosecution of two companies and consultants and FIFA’s modus op- whistleblowers, but has far greater their former executives for bribing erandi by law enforcement officials in requirements for companies to encour- foreign officials. Australia and overseas, and contrib- age and protect them. uted to significant change. But beyond The Commonwealth legal take on fulfilling a civic duty, the personal rewarding whistleblowers is summed rewards for having the courage to up neatly by the head of Britain’s Seri- speak out have been few, while the ous Fraud Office, David Green, QC. detrimental emotional and career im- “In this country and most of the pacts have been immense. Commonwealth, it is citizens’ duty [to “What followed in the days and blow the whistle],” he says. “To in- weeks after I was sacked was an insti- centivise it seems slightly distasteful.” tutional and systemic discrediting of In contrast, Mary Jo White, the out- Brian Hood me,” Mersiades wrote of her ex- going chairwoman of the powerful US While he has been waiting, he has been perience. Securities Exchange Commission doing the maths. Hence his decision to “There is not a lot you can do about (which paid the BHP insider), has sell his home. Hood has had more than being trashed, unless you have enough described the advent of the US whis- 30 interviews with prospective em- wealth and emotional energy to take on tleblower reward and protection pro- ployers, but has failed to resurrect his everyone legally. You just have to let it gram in 2011 as a “game changer.” career. His professional life nosedived wash over you. You spend a bit of time While the number of US whistle- after he was pushed out of his role as licking your wounds. You go over blowers who have shared $111 million the chief financial officer at the RBA- conversations in your head. What if I in rewards is still small—just 34—a owned Note Printing Australia as a had said this? What if I had done top US justice department official says result of speaking out internally about that?” the regime “scares the shit out of com- the alleged corruption. Hood’s and Mersiades’ whistle- panies” that may otherwise want to Hood is the embodiment of ASIC blowing stories—and the dozens like keep their soiled whites in-house. chief Greg Medcraft’s warning that them that have been the lifeblood our It’s a sentiment O’Dwyer should career oblivion often follows corporate our work as reporters over 15 years— keep in mind, especially given there whistleblowing. contrast dramatically with the case of a appears no end in sight in Australia to Hood views with scepticism last BHP Billiton insider whose story Fair- corporate offshore payment scandals week’s announcement by Financial fax Media revealed earlier this year. (including the recent expose of Rio Services Minister Kelly O’Dwyer that The US government paid this per- Tinto’s multimillion-dollar payment to the government is seeking public sub- son $5 million for sharing with it a mate of Guinea’s President to help missions about improving Australia’s information that allowed authorities to secure mining rights), financial ser- corporate and tax-cheat whistleblower extract a $25 million settlement (but no vices misconduct and pressure to crack regime, including the possibility of admission of liability) from the mining down on tax cheats. paying rewards and the toughening of giant, following a probe into a gifts Even if very few bounties are ever penalties for companies that persecute and hospitality program targeting for- paid, the fact they are available should whistleblowers. eign officials in countries where BHP drive Australian companies to do more “Change is desperately needed, but Billiton was doing business. If you to encourage and protect whistleblow- think this was easy money for the ing staff.

The Whistle, #89, January 2017 23

Whistleblowers Australia contacts Editor’s comment

Postal address PO Box U129, Wollongong NSW 2500 Besides the front and back pages, The Whistle usually has Website http://www.whistleblowers.org.au/ two main sections: articles and media watch. The articles Members of the national committee section includes contributions specially for The Whistle, and http://www.bmartin.cc/dissent/contacts/au_wba/committee.html can include personal stories, poems, reviews and com- mentary of all sorts. If you want to see your name in print, then write something. (You can also submit items and request use of a pseudonym.) I am most interested in items that help readers better understand situations and that give guidance about what to do. A personal story can be effective, especially if it includes an assessment of what worked or helped and what did not. The media watch section can include anything published elsewhere, for example newspaper articles and passages from books. A huge amount is being published about whis- Not a WBA contact tleblowing, so it’s a matter of selecting items that will interest readers. Typically I like to include some Australian New South Wales contact Cynthia Kardell, stories and some from other countries, to give a broad phone 02 9484 6895, [email protected] perspective. I appreciate all those who send me copies of Wollongong contact Brian Martin, phone 02 4221 3763. articles or URLs. Website http://www.bmartin.cc/dissent/ This issue is different because it includes reports from the annual conference and the draft minutes of the AGM. Queensland contact Feliks Perera, phone 07 5448 8218, Then there are graphics. I welcome suggestions for pic- [email protected] tures and cartoons. You can also produce your own! Tasmania Whistleblowers Tasmania contact, Isla MacGregor, phone 03 6239 1054, [email protected]

Schools and teachers contact Robina Cosser, [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 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]

24 The Whistle, #89, January 2017