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

Whistle No. 81, January 2015

Newsletter of Whistleblowers Australia

Jean Lennane (with umbrella) at a rally, 2008

Vale Jean Lennane

Jean said for so long without the Jean Lennane attention that they are getting now. Jean believed that information has to be heard many, many times over before it is finally understood, and was prepared to keep saying it whether people liked it or not. Bravo Jean. I knew and worked with Jean closely since 1998. There are many people here who have known Jean for Callan Park Hospital a lot longer so I bow to greater knowledge, but I will talk about my She remembered the political history experience of Jean. of the electorate and knew that a safe Labor seat meant no change, so it was She was generous, hardworking, better to make the seat marginal, and persuasive, intransigent and fearless, this struck a chord with a lot of the old with no respect for authority, and this timers around the place. It was her idea was liberating for her colleagues who to make the Liberals care about the might have had some lingering respect. Politicians and bureaucrats, particu- seat by reminding them that all empty larly those with something to hide, nesters were fast moving to the big hated the way she would carpet them developments allowed by Labor and that Labor might live to regret it. with the hardest questions. She had a She was very effective in disrupting Jean Lennane, longtime Whistle- name and she used it for her best purposes rather than for herself, and the plans of bean counters who wanted blowers Australia president and to tick boxes, by refusing to accept everywhere she went she would re- national committee member, their terms and farce of consultation. spectfully respond to the needs of passed away in Canberra on 18 We had seen bad things happen to others less fortunate. She was very other campaigns when communities September 2014. proud of her sons and loved to show went along with the government A memorial service for Jean was photos of her grandchildren and I’m process. held in Sydney on 17 October. In glad she managed to spend time with this special section of The Whistle, them. In 1999 Jean ran for office and several of the talks at that service For a long time she would ring me achieved 9% of the vote with a single issue campaign, no mean feat in a state are reproduced, plus comments by early in the morning (my kids would election. Jonathan Phillips AM and scream “Jean’s on the phone”) and we would discuss strategy for the day. During the years she was constantly reflections by three members of accompanied by her beloved, benign She was very inclusive and this WBA who knew Jean for many companion glossy black coated Lucy, sometimes brought us to difference as years: Debbie Locke, Cynthia who would tirelessly present a handy she thought it was better to have person with a stick to throw. Jean and I Kardell and Brian Martin. someone inside the tent pissing out drove all over the place to meet people Following this is an extract from than outside pissing in. Her words. I and this was sometimes interrupted by one of Jean’s most widely read thought that they might just piss all publications. over the inside of the tent, and we were a bit of belly dancing with flowing both right. skirts and bells, which Jean assured me She had great respect for others’ was wonderful therapy for arthritis. Jean’s passions skills and she both acknowledged and Jean was an inspiration to all and without her fierce determination to Michele McKenzie exploited them. I think this was succeed it’s hard to imagine that our because she had great confidence in campaign would have achieved the I AM representing Leichhardt Council her own ability, so there was no success that it did. today and extend a warm welcome to pettiness or jealousy in her. Along with many others, I devel- everyone to this memorial for the late Callan Park and its continuing oped a strong affection for Jean and great Dr. Jean Lennane. connection to mental health care was will fondly remember her for the rest Recent media and ABC Mental Jean’s strong passion because she saw of my days. Health week would have made Jean it as an excellent place for recovery, Psychiatrist, mother of two, grand- very happy because she thought it was and scorned those who publicly said mother of five, companion to Lucy, better to normalise the mental health that sitting in a chair looking at a wall mental health advocate, community problems that people have all the time. while locked in the Missenden unit activist, whistleblower, belly dancer, It is vindicating to hear the current was more therapeutic than the green experts saying many of the things that meadows of Callan Park.

2 The Whistle, #81, January 2015 mentor and friend to many. Vale Dr Group and became its outspoken active in the No Aircraft Noise Jean Lennane. spokesperson. (This, I might add, was campaign) we would probably have a at a time when cockroach control was fourth runway by now and the a full-time occupation for most abolition of the night-time curfew. Jean’s Balmain Balmain residents.) By the early 1990s Jean’s dispute As the future of the Mort Bay land with the Department of Health had campaigns would be decided by the state Labor ended in her sacking but not in her Fergus Fricke government together with the Labor interest in Callan Park. She saw the controlled Leichhardt Council and need for action to preserve Callan WHEN I was asked to speak about influenced by the Balmain branch of Park’s mental health facilities, services Jean’s “campaigns” in Balmain at her the Labor Party. Jean tried to join the and grounds and ensure that the large Memorial Service I realised it was Balmain branch which, as part of its industrial sites were not over- impossible to cover every issue she socialist agenda, supported public developed. Jean and MBAG (which was involved in given the time avail- housing for the whole of the site. There morphed into Ballast Point Campaign able. In what follows there is a brief was certainly a need for this and it Committee) campaigned for the whole description of the Balmain Jean came would stem the outflow of working of the Caltex site at Ballast Point to be to and what are some of her lasting class residents from Balmain as well as turned into a park. After over a decade legacies. boost the number of Labor voters. of action during which time Jean In 1978 Balmain was still a pre- Jean’s application for party member- would vigorously pester politicians at dominantly industrial, working class ship was initially accepted and soon every opportunity that included suburb but rapid changes were occur- after rescinded. In the end the outcome “running” (not “standing”) as a candi- ring. Industries were closing down or for Mort Bay was a compromise and date in the Balmain (renamed Port moving out and the gentrification of half the Mort Bay site was set aside for Jackson) seat in the 1999 election and Balmain by a young socially conscious open space but not until after a bitterly attending the Friends of Callan Park university educated middle class was fought election in which Labor lost the (another of her creations) meetings at gaining pace. The huge Mort’s Dock Balmain seat for the first time in its 6:30pm on the first Monday of each and Engineering works that had 97-year history. month and afterwards attending the employed 1500 men had closed in Ballast Point Campaign Committee’s 1957 after over 100 years operating in meeting which started at 7:30pm on Balmain. Though there was some the same night. In February 2002 Bob resistance the Mort’s Dock site was Carr announced the Labor government replaced with the inappropriate ANL would compulsorily acquire Ballast Container Terminal in 1968. By 1978 Mort Bay Park Point for the park that was officially the ANL terminal was no longer viable opened in July 2009. and had stopped operating and other Jean didn’t have to wait long for other uses for the site were being investi- planning, environmental and open- gated. Also in 1978 the previously space issues to arise. For instance, in Right controlled Balmain Labor Party the 1980s and 90s Balmain was threat- Branch had been stacked and con- ened with several proposals for a trolled by the Left faction organized by second harbour crossing and more Peter Baldwin and Peter Crawford. believable threats such as a heliport The other important event that and the realistic redevelopment of the occurred in Balmain in 1978 was that other large Unilever, Ampol, Jean and her family took up residence Monsanto, Caltex and Balmain Power at 10 Wharf Road, Birchgrove. At Station sites. Smaller sites such as Jean’s back doorstep was the aban- “Clontarf” were not ignored by Jean Callan Park garden doned container terminal. While most either who, with others, was forcibly Balmain residents were glad to see the removed by police at a sit-in to stop While Jean had her wins she also had end of the container terminal and the the construction of units on a partial losses. The demutualisation of associated container trucks using the previously designated area of open the NRMA (National Road Motorists narrow streets they were concerned space. Association) proposed in 1994 was one about what might replace it. Jean saw Not all “causes” that Jean supported example. Jean, Ann Lampe, Anne would be considered successful by it as an opportunity to gain more open Keating and others fought the proposal some people but the mere fact that space for Balmain and the Leichhardt in the NRMA boardroom (Jean got municipality that had only 1.5 hectares there was strong opposition to inap- herself elected to the NRMA Board), of open space per 1000 residents propriate developments by the Balmain the courts and the media. In the end compared with an average of 45 community meant that such proposals Nick Whitlam and his cronies on the hectares per 1000 residents in other would not be as likely to occur in Board succeeded in duping enough Sydney municipalities. Although Jean future. Without people like Jean being NRMA members to vote for a had two young boys and a full-time job involved in opposing the third runway modified demutualisation that was she instigated the Mort Bay Action at Sydney Airport (Jean was very approved in 2000. While the insurance

The Whistle, #81, January 2015 3 arm of the NRMA was demutualised was the Director of Drug and Alcohol An individual has not started living and some backers benefited finan- Services at Rozelle Hospital. until he can rise above the narrow cially, the demutualisation of the Her “crime” was to publicly confines of his individualistic NRMA motoring arm did not go criticise cuts to mental health and drug concerns to the broader concerns of ahead. and alcohol services in the public all humanity. During all of this activity Jean still health system. Yet Jean was the Because she was such a caring doctor, had time to play tennis, do belly- delegate on site at the hospital so, in colleague, friend, leader and mother, dancing (not ballet), go to concerts and fact, she had every right to speak out Jean will be very sorely missed. But bring up two girls, Anna and Lucy. as she had done. greater than the sorrow of her passing Anna was not one of Jean’s successes is the hope that she spread during her as she was a delinquent who scared life, which lives on in the organisations neighbours, left home on a number of she participated in and founded, occasions and finally had to be found a including importantly ASMOF, and foster home. Lucy was a model child the many, many people she helped and substitute but was spoilt rotten by Jean. in her beloved family and friends! And in case you are wondering Anna was a German shepherd and Lucy was a Labrador-kelpie cross. What made Jean unusual, if not Thoughts from a unique, was her energy, vision, intelli- psychiatrist colleague gence, social conscience, her healthy Jonathan Phillips scepticism of the motives of those in Jean at Rozelle Hospital rally, 2008 power and her ability to stand up to I WAS deeply saddened to hear of the those in authority … and make them This must have been a very heavy death of my esteemed colleague Dr quake. I don’t think she ever gave blow indeed for someone who had Jean Lennane. “surrender” a thought. Balmain has a dedicated 14 years of her professional I knew Jean for many years. She lot to thank Jean for and her family life to the hospital, founding Friends of was a tough and able psychiatrist, she have a lot to be proud of. was there when people needed her, and Callan Park, fighting for the hospital to be retained within Callan Park grounds she fought a heroic fight for the public

and opposing the now common prac- good in many settings. Jean the unionist, tice of warehousing those suffering Jean has left a loyal group of friends and more from a mental illness in gaols. who are never going to forget the important part she played in their lives. Tony Sara Undaunted and undeterred, Jean I have no doubt that Jean’s legacy went on to help found the self-help will continue, and we are richer for it. FRIENDS, comrades, family members, organisation that is now known as The profession should never forget her. It is an honour to stand before you Whistleblowers Australia after she today and say a few words about the realised that she herself had been a Jonathan Phillips AM is an eminent indomitable, unstoppable and inspiring whistleblower and had suffered the Sydney psychiatrist, former president Dr Jean Lennane. I thank Jean’s son, consequences that so many whistle- of the Royal Australian and New James, and the family for allowing me blowers face, even today. Since its Zealand College of Psychiatrists, and to do so. inception, WBA has helped hundreds and hundreds of people who have friend to whistleblowers. My name is Tony Sara and I am the current President of the Australian spoken out, for the common good,

Salaried Medical Officers’ Federation against inequity and corruption. — more easily known as ASMOF And that brings me to share with Jean meets a NSW. Jean was a past-president and you what I most admired about Jean. Talented psychiatrist, celebrated police whistleblower vice-president of the Public Medical Debbie Locke Officers’ Association of New South author, dedicated unionist, campaigner against injustice and champion of the Wales which was the precursor to I MET Jean at the lowest point of my ASMOF NSW. rights of people suffering from mental illness, Jean had an indomitable spirit, life. I was in my late twenties, Jean was a fierce but fair-minded struggling with giving up an alcohol and dedicated unionist and doctor who an unwavering belief in herself and what is right and a genuine love and addiction and the death of both my fearlessly led industrial campaigns parents. I had been through the calling for better conditions and pay in concern for those less fortunate. These very special qualities allowed her to McKinnon unit at Rozelle Hospital and public hospitals, including for our was not impressed with the idea of nursing colleagues. Her passion for live a life that was full of passion and commitment, a life of half-full rather sitting in Alcoholics Anonymous human rights began in the mid-1980s Meetings a day at a time for the rest of at the NSW Labor Council. Sadly, it than half-empty glasses. And this reminds me of one of the famous my life. eventually led to her employment It was recommended to me to go see being terminated in 1990 when she quotes from Dr Martin Luther King, Jr: a really good psychiatrist named Jean

4 The Whistle, #81, January 2015 Lennane who understood alkies. As I I remember many times in the early Jean and lived in Balmain I only had to walk hours of the morning having to get out around the corner to her office. At my of bed and yell down to members to Whistleblowers Australia first appointment I was telling her all move away from my front door step as Cynthia Kardell about my crappy life and why anyone they were keeping me awake, still would drink if they had my sad chatting, enthusiastic to know they IN March 1994 I went looking for childhood. In passing I slipped in that I were not alone, that there were others Whistleblowers Australia (WBA) and was a Detective Senior Constable who out there too who were honest and along the way I was told to ring a Dr had spoken out about police corruption being persecuted. To have the support Jean Lennane. When I did Jean was and that there were a number of of fellow travellers is so good for the busy, brief and to the point. I was to interesting characters, cops and rob- soul. get myself along to one of the caring- bers who were wishing me dead in a I managed to stay sober all these and-sharing meetings in Balmain on a very serious way. Jean looked at me years and raise three children. One Tuesday night and get some help. “Do with her mouth open and said, “Oh who was born at 26 weeks after I had I need to contact any …?” “No, just go you’re a police whistleblower”. This been cross-examined in the witness in, say hello” and Jean was gone. was the second time I had heard this box for six days at the NSW Police I learnt later that was Jean’s way, phrase. The first time was by the Royal Commission in 1996. Hayes has but at the time, she did have bigger Assistant Commissioner who spat the severe disabilities due to the trauma of fish to fry. Calls were coming in thick words at me. his early birth. He is a constant and fast from police whistleblowers reminder to the whole family of my who would later give evidence before whistleblowing days. I was so proud the Wood Royal Commission between that Hayes came with me to Jean’s 1995 and 1997 about instances of memorial service in his new suit. He bribery, money laundering, drug traf- was very well behaved, except for ficking, fabrication of evidence, when he tried to put his head on a destruction of evidence, fraud and lady’s lap for a little sleep. Yep, he serious assaults. Jean didn’t mince keeps me young. Still doing the words and had a talent for pithy sound Wiggles. I have a different life than I bites and she was in demand, explain- thought, but it is true and honest. I ing how whistleblowers were central to have no regrets. stopping the systemic corruption in the I have met some amazing, strong NSW Police once and for all. Eventu- people over the last twenty-odd years. ally the drip feed of good inside Cynthia had the baton handed to her information to the press and the and she is another strong woman who Commission’s investigators from Jean, does Jean’s memory proud. Imagine if John Hatton (independent member of I had never met Jean? Would I be alive state parliament), and whistleblower now? Would I have had a family and and WBA member Debbie Locke eventually put paid to Police Commis- survived my whistleblowing experi- Debbie Locke ence? Probably not. How lucky I was sioner Tony Lauer’s assessment that to have been in Balmain at the right corruption in the New South Wales Jean taught me with kindness and time. All the stars lined up. I blew the Police was not systemic or entrenched, patience that I had not done a bad thing whistle and survived at a time when with the result that WBA developed a and that the negative and sometimes others around me did not. public persona as a force for good in frightening reaction I was getting was Would I do it again? I thought not. public life. the normal run of the mill treatment of Yet recently I saw an injustice and I In the same period young male whistleblowers. Talk about shooting know now I am of the personality that juveniles found their way to Jean’s the messenger. if I see the wrong thing, I cannot be a door, with complaints that the police I was to go on and have many inter- sheep and walk on by. Jean taught me were ignoring their claims of sexual esting years with Jean on my journey to be proud of who I am and not to be abuse. They were rent boys or prosti- through life. We danced with the New afraid. Shake their cage and make the tutes who were working the wall in South Wales Police through a police bastards answer for what they have Darlinghurst. They claimed senior royal commission. We were on an done. Rest in Peace Jean. You did so police, politicians and even members advisory council to them for a while. I much good for so many of us. What a of the judiciary were part of a had some interesting times in relation wonderful woman. paedophile ring that rented the boys to the coroner’s inquest into the death out to groups for others to abuse. Jean of Gary Lee Rogers of which we were and her colleagues worked tirelessly to made party to. I even travelled down to bring their claims about the police and meet Tony Grosser in South Australia others before the Commission. The who she was very fond of. media coverage meant that other Whistleblowers Australia meetings young children, who had been abused started in my lounge room in Balmain. by their fathers, uncles, brothers and

The Whistle, #81, January 2015 5 priests, dredged up the courage to Parliament. In her speech Franca QC, ICAC Commissioner, refused to come forward with similar complaints thanked Jean and, among others, investigate her claims. Undaunted, about police inaction. In 1995 the fellow WBA members Chris Dale, Sue Lesley went to Tony Harris, NSW Government widened the terms of Dale, Lesley Pinson, Karlene Jones, Auditor General. Tony Harris agreed reference to include child abuse. Jim Regan, Louise Roy and Alastair with Lesley, finding the SRA was These were tumultuous times, not Gaisford. She said “these people have seriously corrupt. In his defence Barry seen in Australia since the Fitzgerald worked tirelessly in the past couple of O’Keefe famously told journalists he’d Inquiry in Queensland in the late months. They organised vigils outside always known State Rail was corrupt. eighties and I think it is fair to say that Parliament House on 14, 15 and 16 Jean thought he was corrupt and Jean, like Debbie, rose to the chal- August and organised a rally in the publicly said as much, adding he was lenge, carving out a place in public life Domain on Saturday, 6 September.” not a patch on his predecessor Ian for the WBA we know today. All hell did break loose and Franca did Temby QC. Tony Harris referred their But back to the “rent boys.” Jean, lose her job, but eventually the state findings to Barry O’Keefe for ICAC to representing WBA, and another health government had to act and set up its deal with it. Unsurprisingly Barry professional formed what became first child protection unit, headed up O’Keefe referred them back to the known as the Australian Child Protec- by UK recruit Bob Woodhouse. SRA. The SRA did nothing. tion Alliance or ACPA. It’s not well known, because the Eventually the Government did the ACPA put together a strategy and press didn’t give it much space, but a thing that governments do. It down- quickly swung into action. WBA’s significant number of the complaints graded the findings to a systemic Lesley Pinson and Jim Regan solicited tabled in Parliament led to criminal failure, punished no one and broke the media opportunities for Jean and convictions. By this time paedophilia organisation up into four separate others turned their minds to how best had come out of the shadows and was entities. I call this a recurring system to publicise the issue. By this time being talked about openly and in failure of government. Jean had accumulated a number of public like it had never been before. boxes brimming with written com- And children, even rent boys, were plaints from children, including rent being listened to even as the adults boys documenting the failure of the grappled with their embarrassment, police to investigate their claims of sex knowing that increasingly there’d be abuse. Some of those complaints no place to hide. concerned paedophiles working as In about 1995, in the lead-up to the politicians and judges. ACPA lobbied hearings in the Wood Royal Commis- all quarters and found a friend and sion, the NSW Police set up the supporter in Franca Arena, NSW Internal Witness Support Unit for the Labor Upper House MP. support of police whistleblowers and an oversight committee known as the Internal Witness Advisory Committee (IWAC), chaired by the Police Commissioner or Deputy and com- prising representatives from WBA, NSW Ombudsman, Independent Commission Against Corruption

(ICAC), St James Ethics Centre and Barry O’Keefe the NSW Police Professional Stan- dards Unit. Jean, together with a police When Jean first stood down as the whistleblower (usually Debbie Locke), president in January 1996 whistle- represented us until about 1997 when I blowing was, on her assessment, started going to the meetings with firmly on the political and legal Jean. We’d worn out our welcome by agenda. This was largely because 2005. The committee was on hold for many people had come to realise that most of 2006 and shut down in the Wood Royal Commission, ICAC September 2007. failures under commissioner Barry Throughout that time, Jean was our O’Keefe QC (see below) and the public face when some issue grabbed reforms to deal with paedophilia would the news. I’ll mention just a few. not have come about without the In 1994 Lesley Pinson worked as an whistleblowers and those who banded Franca Arena auditor at the NSW State Rail Author- together with Jean under the banner of ity (SRA). She discovered evidence of Whistleblowers Australia to push the It’s fair to say that Franca put the cat safety failures, fraud, and sexual and issues to their conclusion. Essentially among the pigeons in 1997 (and her racial harassment. Management didn’t Jean grasped the moment and ran with job on the line), when she tabled the want to know: it tried to shut her up it to our benefit as a group and a boxes of complaints in the NSW and later sacked her. Barry O’Keefe society.

6 The Whistle, #81, January 2015 And we liked to think that our Jean labelled the doctors “hired guns” peared as an expert witness for him in efforts led to Barry O’Keefe being and publicly went into bat for those his case. I realised Jean was still tying replaced by Irene Moss in 1999 with a who she thought had been done over up those loose ends, not wanting to mandate to change its relation to by their employer’s consultant. Jean leave things undone. whistleblowers. Certainly her tenure wrote extensively about the prevalence At Jean’s memorial service her son began with a refreshingly different of hired guns in whistleblower cases talked about how his mother always approach. Jean and I had semi-regular and even today, as the evidence taught them that letting off some hot meetings with Irene Moss in her early continues to grow researchers and air was not enough. She said if you years, until ICAC reverted to form and students rely on her papers. thought something was wrong and we walked out of a meeting with her We decided to tackle head-on Dr needed changing then you got in and deputy, never to truck with the devil Delia Gapper, the Government did it. Well Jean did that in spades in again. Medical Officer and Chief Executive every part of her life. She knew when In the meeting Kieran Pehm admit- of HealthQuest, the source of most of the time was ripe for change and didn’t ted ICAC had decided to investigate the offending forensic medical reports. sit around waiting to be asked. The the Thredbo disaster whistleblower We rallied outside her offices and Mort Bay foreshore is open to all. John Kite in retaliation after his asked her to speak at a conference we Ballast Point, formerly a refinery, is a allegations that there were rats in held at Parliament House in 1997. To beautiful park used by locals and ICAC’s ranks went to air on Channel her credit Gapper came along, but she tourists alike. Rozelle Hospital and its 9’s program Current Affair. The al- walked out mid speech in high park remain in public hands, because leged “rat” was Gail Furness QC, dudgeon after an impromptu Chaser- of the work of “Friends of Rozelle”, an previously in-house counsel for like spoof at her expense. We followed organisation that she initiated. WBA Thredbo Council when John Kite first up with more noisy rallies the follow- continues to help hundreds of whistle- blew the whistle on council inaction ing year, again attended by TV crews. blowers. She never stopped organising prior to the landslide. Kite claimed she Delia could be seen watching from a and getting others on board and getting had poisoned the Council and, later, window. Famously, on one occasion it done. She inspired us. She gave us ICAC against him. ICAC ran its Gapper ducked for cover behind a good advice and leadership. We are a inquiry into John Kite very publicly bench at the reception, when we went part of her legacy and the future. indeed and later prosecuted Kite for in to ask if we could meet her. But in allegedly lying to ICAC. Fortunately the end we did persuade Government Kite was acquitted by a jury, but he that something had to be done. Jean Jean and had to wait until June 2000, for the and I attended a meeting with Health Coroner Derrick Hand to find that Department officials to offer our whistleblower support inaction by the authorities over many advice, but sadly, it turned out to be Brian Martin years was, as John had claimed, one of more of the same. Healthquest was the major contributors to the Thredbo closed, its services were outsourced to IN the early 1990s, I was contacted by disaster in July 1997, which claimed so a panel chosen by the general John McNicol, who had set up a group many lives. Remember Stuart Diver. manager’s office and hired guns called Whistleblowers Anonymous, continue to earn good money. So we based in Canberra. At the time, I had had to take a different tack by telling been studying suppression of dissent whistleblowers how to outwit employ- for over a decade, and hence had a ers and hired guns alike. This, like great interest in whistleblowing. It was Jean’s papers, has proved to be the through Whistleblowers Anonymous more enduring reform. that I first made contact with Jean Looking back, Jean was trying to Lennane, a psychiatrist who in 1990 usher in new blood into WBA from had lost her job in the New South late 1995 before she stood down from Wales health system after she spoke the presidency, but it would be the end about the consequences of funding cuts Subsequently WBA took a different of 2006 after a further four years as to mental health services. She opposed route. We encouraged whistleblowers president that she would be allowed to closing institutions for people with not to go to ICAC at all unless there let us go. At that time Jean told me her mental illnesses when government was hard evidence of bribes being mother had died with dementia and she policies were inadequate to support paid, of cash being handed over in thought it would be her lot too. I them, with many of them ending up brown paper bags, or sex in return for agreed to help put a succession plan in homeless or in prison. development consent (remember place, but it wasn’t until the end of In March 1993, there was a two-day Wollongong Council) or political 2009 at our conference that I realised conference in Canberra, at the National abuse of office and corruption. And that the Jean of old was not with us Library. The first day was organised they were to be prepared to be treated any more. She’d been very keen to go by Isla MacGregor, Shirley Phillips like a lowlife police informant. to the Adelaide conference, because and me; we had set up Dissent In those years whistleblowers were she wanted to visit Tony Grosser at Network Australia to provide support also coming forward, saying their Yatala Prison. Jean had supported for dissenters. The second day was on doctors were selling them out for a fee. Tony throughout his ordeal and ap- whistleblowing. Prior to the confer-

The Whistle, #81, January 2015 7 ence, there was a board meeting of briefed me comprehensively. We had At that time, there were several Whistleblowers Anonymous. I remem- lengthy discussions about the national challenging issues within the organisa- ber the introductions, during which network, priorities for the organisation, tion. There was a bitter split within the each individual told a bit about and internal conflicts. She kept a high Victorian branch, and some of those on themselves — and sometimes quite a profile as vice president. each side contacted the national lot. The stories were amazing in Jean was a delegate from Whistle- committee seeking support. Further- revealing a pattern of reprisals and the blowers Australia on a state police more, there were some personality failure of formal processes and watch- integrity group called the Internal clashes and disputes involving national dog agencies. Witness Advisory Committee, set up committee members. In dealing with Jean was at this board meeting, but in 1995, the same year that the royal these problems, Jean was the ideal she did not say a whole lot about her commission into the NSW Police level-headed adviser. We had many own case. Unlike some others who commenced. The committee included phone calls in those years, and a fair obsessed about their treatment for representatives from the St James bit of our time was spent discussing years, often with good reason, Jean Ethics Centre, the Independent individuals within WBA and their was more interested in getting on with Commission Against Corruption, the demands and difficulties. Jean was her life, including by helping others. Internal Witness Support Unit (IWSU), instrumental in helping WBA survive Later in 1993 the group’s name was the Police Professional Standards Unit through those turbulent years in the changed to Whistleblowers Australia — and two from Whistleblowers late 1990s. She would often use her — the idea was that whistleblowers Australia. The official purpose of the insights into people’s psychology to should not have to remain anonymous, committee was to support police suggest ways of dealing with conflicts. given suitable protections. (Further- whistleblowers. Accompanying Jean more, just as members of Alcoholics from Whistleblowers Australia on the Anonymous try to stop drinking, the committee was Debbie Locke — a name Whistleblowers Anonymous police whistleblower herself — and might have suggested members were later Cynthia Kardell, currently trying to give up whistleblowing!) Jean president of Whistleblowers Australia. became the president and set about Jean had an original idea for sorting out the group. research. It involved collecting data about three distinct groups of police: (1) whistleblowers registered with the IWSU; (2) police, matched for age, sex and rank, not involved with whistle- blowing (the controls); and (3) whis- tleblowees, namely police named by whistleblowers as involved in wrong- Whistleblowers can have conflicts too. Meeting of anonymous whistleblowers doing. By plotting the career trajectories of Meanwhile, she had her own issues One of the problems was with the each of these groups, it would be to pursue. As well as her special group’s founder, John McNicol. He possible to assess how healthy the interest in police whistleblowing — of liked to big-note himself and was police force was, in relation to corrup- special relevance in 1995–1997 during prone to spending money unnecessar- tion. If whistleblowers fell behind the the NSW Police Royal Commission — ily. Jean had put in some of her money controls in career progression, while she was active on the issue of paedo- to support the group, but was offended the whistleblowees thrived, the organi- philia; there were allegations of cover- when McNicol wasted it. She de- sation was unhealthy. If whistleblow- ups in high places. Jean kept busy manded the money back, and before ers thrived, it would be a sign of writing letters to various official long McNicol left the group. He health. Research along these lines was bodies, obtaining media coverage and apparently had a history of pulling out actually carried out by independent keeping tabs on whistleblowers across of groups he had set up. researchers managed by the IWSU and the country. Furthermore, Jean gener- Jean became one of my most trusted — as expected — the NSW Police did ously offered her home as the venue advisers concerning whistleblowing not show many signs of health. Senior for several meetings of the national matters. She had a great knowledge of police did not like the results. committee, and on more than one whistleblower cases across the During my time as president of occasion offered a bed to those coming country, was highly sceptical about Whistleblowers Australia, 1996–1999, from a distance. She also generously official channels — going so far as to Jean was a highly supportive vice supported WBA financially, always in say that you can rely on them not president. As president, I soon discov- a quiet way, so few knew about it. working — and provided valuable ered that when people have a problem, At the end of 1999, I stepped down comments on some of my writings. they prefer to go straight to the person as president due to other commitments, In the latter half of 1995, Jean at the top, so I started hearing from far and Jean again took over as president. wanted to stand down from being more whistleblowers than before and For whatever reason — no doubt president of Whistleblowers Australia, learned a lot as a result. Jean’s leadership played an important and recruited me to the position. She part — the following years were

8 The Whistle, #81, January 2015 steadier for WBA, with a strong viability threatened by damage suits, nary action, often on “unrelated” national committee and fewer con- and skyrocketing premiums for doctors matters, up to and including dismissal. flicts. One bonus was that Jean and I (costs which will be passed on to (The employer’s ability to take action didn’t need to consult so frequently; consumers) on allegedly unrelated matters is a she was carrying the main burden. • reputation of and public trust in major barrier to effective whistle- It was a great loss when Jean devel- the medical profession eroded; cuts in blower protection legislation.) In the oped dementia and, from about 2007, health staffing, services, and benefits WBA study, 20% were dismissed and could no longer participate in WBA. I, now correspondingly easier for the 14% were demoted; 14% were trans- like many others, will continue to miss government to impose ferred (to another town, not just within her. the department); 43% were pressured A survey was carried out in 1993 to resign; and 9% had their position under the auspices of Whistleblowers abolished. What happens to Australia (WBA) of 35 subjects who There is often some kind of legal had blown the whistle on corruption action, for example defamation suits, whistleblowers, and why and/or danger to the public, in a period or use of the Official Secrets Act, if it Jean Lennane of less than two years to over twenty applies. The main legal action in years ago. They came from a range of Australia seems to be threatened This is an extract from a paper occupations: banking/finance, health, defamation action — this occurred in published in Klaas Woldring (editor), law enforcement, local government, 20% of cases. Business Ethics in Australia and New transport, teaching and miscellaneous While the person remains in the job, Zealand: Essays and Cases (Mel- public service, state and federal. Their informal tactics are used almost bourne: Thomas Nelson, 1996), pp. estimate of the cost of the corruption to invariably. In the WBA study, these 51–63, based on a research paper the taxpayer was thousands of dollars included: presented to the Whistleblowers Con- (14%), hundreds of thousands (17%), • isolation — from the usual chan- ference, Canberra, 27–28 March 1993. 1–30 million (26%), and hundreds of nels of information and consultation It was reprinted by the journal Social millions (9%) — the banking/finance (49%); or maybe physical (23%), for Medicine in 2012 as a classic paper in cases. example being put in a room with a the field. Read the full article at desk and chair, no telephone, and not http://www.bmartin.cc/dissent/docume allowed to leave it without permission nts/Lennane_what2.pdf (or in one case, in a separate building with no one else in it) Major problems have occurred and • removal of normal work (43%) continue to occur for us in society • abuse and denigration, formal and because of our failure to deal appropri- informal, usually by supervisors, who ately with the principled organisa- may also encourage other employees tional dissenter, who is usually to give the whistleblower a hard time blowing the whistle on what we may (43%) call the unprincipled organisational • minute scrutiny of timesheets and deviant. An outstanding example of work records, inspections, adverse this in NSW was the failure of the reports sought from previous employer medical profession, the coronial (34%) system, the College of Psychiatrists, • demanding or impossible orders and the NSW Health Department to (26%) deal with the late Dr Harry Bailey Danger to the public included • referral for psychiatric assess- [who used a dangerous treatment, disease/contamination, unsafe hospital ment/treatment (37%, plus an attempt called deep sleep therapy, on patients equipment, unsafe aircraft, unsafe to do so in another 9%) at Chelmsford Hospital in Sydney]. railways, licensing of incompetent • repeated threats of disciplinary People who tried to blow the whistle drivers, child sexual abuse, arson/ action (20%) on what was happening at Chelmsford sabotage and unsafe working condi- Other items reported in the WBA were ignored and/or victimised, while tions. Other items also classified under survey, less frequently, were other his activities continued unchanged for danger to the public were wrongful types of harassment, assignment of some twenty years. Costs of this eviction from homes, insider trading, menial duties, denial of benefits, denial failure were: and immigration rackets. of access to site, removal of files, • 26 deaths, and a number of people The organisation’s response to the death threats, fines, internal inquiries, with permanent brain and other whistleblower is very powerful and falsification of records, and unrelated damage follows a recognisable pattern. It is charges. • Chelmsford Royal Commission, at crushing in its intensity, as the This victimisation usually continues a cost of $13 million (money not there- organisation can use as many staff as it until the whistleblower is dismissed, fore available for useful services), and takes, for as long as it takes, to wear resigns or retires early. At the time of very damaging publicity the lone whistleblower down. There is the WBA survey, only 10% of those • medical indemnity insurance almost always some kind of discipli- who had been working for the organi-

The Whistle, #81, January 2015 9 sation they blew the whistle on were pervasiveness of corruption in top reduction of 75% or more of their still working in the same position. A management at the present time. It income, and 49% estimated their common outcome was to resign or would be interesting to test it in a personal financial loss (including legal retire because of ill health related to country where high-level corruption is and medical costs, loss of income, the victimisation (29%), At the time of not endemic — always supposing such superannuation etc.) in the $100,000 to the study, only 29% were working full- a place exists!). $1 million range. At the time of the time for any employer, 29% were The organisational response to study, their physical and mental health unemployed, 6% were working part- whistleblowing is not new. The tradi- was now poor, and their careers in time, 11% had retired and 6% were on tional treatment of mutineers has ruins. the invalid pension. always been similarly very savage, as a Their families suffered with them: challenge to authority that can never be thirty whistleblowers had a total of The organisational response allowed, whatever the provocation. seventy-seven children between them. The organisational response is orches- Heretics received similar treatment in Of those, sixty (78%) were said to trated as well as powerful. In most the days when the established church have been adversely affected — by cases it is also very fast. All the had more authority than it does now; divorce and forced separations; pov- subjects in the WBA survey had the political dissenter under a totali- erty and financial stress; disrupted started by making a complaint inter- tarian regime is now treated in similar education; anxiety; insecurity; stress; nally, through what they believed were fashion — in the former Soviet Union, anger and loss of faith. In one case the the proper channels. In three cases this included the systematic misuse of family was unable to go out because of (9%), the complaint did not go further psychiatry (very reminiscent of the the risk (father having a contract on his than that. In thirty-two cases (91%), misuse which Australian whistleblow- life and being under police protection); after the internal complaint failed, the ers experienced), where dissent from other cases involved a death-threat subjects complained to some outside government policy was the sole and letter addressed to a six-year-old by body, for example local parliamentar- sufficient symptom of a disease not name; pets killed as reinforcement to a ian, union, ombudsman. They went recognised in other countries — death threat; and public attacks on the public, to the media, only after that too “creeping schizophrenia”. On a smaller parent’s image. failed. Only 49% had ever been to the scale, but reflecting essentially the media. But in 83% of cases, the same process, the incest victim chal- Whistleblowers and workmates victimisation occurred immediately the lenges the system of family authority, One of the most distressing experi- first internal complaint was made. In and unless specifically supported, is ences for most whistleblowers is the some cases it had started before, for likely to experience the same destruc- lack of support, and sometimes active example when the whistleblower had tive response. victimisation, from workmates. Par- refused a bribe. This is in sharp The aims of the organisation’s ticularly distressing are acts of betrayal contrast to the usual view of whistle- response are: by people who previously were close blowers — that they are publicity- (1) to isolate the whistleblower by to them. seeking ratbags who rush off to wash removal from the accepted “in-group” dirty linen in the media on very slight (one of us) to “out-group” status, by provocation. representing the whistleblower as: The organisation’s response may • incompetent involve the whistleblower’s trade • disloyal union if other members on that site are • a ratbag actively involved in the original • mentally unbalanced/ill malpractice or in persecution of the (2) to frighten others who might whistleblower; or the hierarchy of the otherwise support the whistleblower union may have connections with (3) to avoid examining or remedying There is usually some support, but this management who are corrupt, or have the issue the whistleblower is com- is often covert. It is not uncommon for an interest in keeping the matter quiet. plaining about workmates to express support and In the WBA survey, while 6% of This had largely been achieved in approval if they are alone and subjects found their union “helpful,” the cases in the WBA survey. The unobserved, for example if they meet 17% found them “harmful,” and 23% wrongdoing continued unchanged or the whistleblower in a lift, but to walk “neither helpful nor harmful” or increased in 71% of cases; the wrong- past without acknowledgement if they “useless.” doers were promoted (26%) or had meet in an open corridor. In the WBA I believe that such a response nothing happen to them (60%); minor survey, open or even secret support indicates the activity the whistleblower disciplinary action against wrongdoers from most or some workmates is complaining of is endemic/accepted occurred in 14%, but there was only occurred in less than half the cases; within the organisation. I am gradually one case of any disciplinary action from few or none in over half. becoming convinced that the occur- against a wrongdoer without others Ostracism, active victimisation and rence of a powerful response means involved in the same activity being betrayal occurred to some degree in that corruption includes top manage- promoted. In contrast, the whistle- about three-quarters. Overall, it seems ment. (This apparent correlation may blowers were left to struggle with most workmates play it safe. in fact simply be a reflection of the massive financial loss — 40% had a

10 The Whistle, #81, January 2015 Corruption of protection agencies before they start. The most reliable weeks or months. It won’t be. The A very important issue is the corrupt- support will come from outside the legal system, and statutory authorities, ing process that is likely — possibly organisation — support from within is work on a time scale where three inevitably — to affect investigators likely to crumble once a typical months to answer a letter is reasonable, and whistleblower protection agencies. employer reaction starts. A body such and indeed rather fast. It is exceedingly It is almost universal experience that as Whistleblowers Australia is useful, difficult, even when both sides want a bodies which have been set up to not only for general support and matter settled, to achieve it expedi- redress injustice of this kind gradually advice, but also in some cases to take tiously. When one side does not want become part of the authority system whistleblowers’ information to the it settled, or indeed to get into open themselves, hence useless to the whis- media or outside agencies, rather than court, and that side has the power and tleblower. Most royal commissions them having to take the risk of doing it money, it can be drawn out almost turn into whitewashes. Sometimes they themselves. There are at least two indefinitely, for as long as necessary to were set up to do just this, but often important psychological considerations exhaust the whistleblower’s emotional were not; they become corrupted by in having the matter raised externally and financial resources. The industrial close contact over a long period with to start with: first, that since one issue court system is less unwieldy, and is the culture in question. is the indignity of having imperfec- therefore the best option for whistle- Apart from the seductiveness and tions in the organisation pointed out by blowers, as long as they can get contagiousness of corruption, there is a “traitor” within it, particularly since support from their union. also the practical issue of career and that person is usually in a relatively personal advancement within the larger lowly position, it may in fact be easier Advice to management bureaucracy of which the protection for management to approach the matter The basic question that has to be agency is necessarily a part. A protec- realistically if the person who first decided by management is one of tion officer who makes life too raises it is an outsider; second, that ethics, and if top management is not difficult for other bureaucrats is even if it is fairly obvious who the corrupt, that question is relatively unlikely to achieve advancement in informant is (as it often will be, no simple. any other department, and prospects matter what precautions are taken), the for promotion if confined to their own appearance of an outsider right from agency will be very limited. the start removes the perception of the whistleblower as a lone eccentric who Advice to whistleblowers will be easily disposed of by a con- So what should potential whistleblow- certed attack. The more and sooner the ers do, given the power, inflexibility very unequal power relationships can and irrationality of the system they be seen to be altered in the whistle- face? Advice from whistleblowers in blowers’ favour, the less unfair their the WBA survey (apart from 20% treatment is likely to be. saying “don’t”) was along the lines of A very important piece of advice for being prepared. Have everything whistleblowers, which they ignore at Corruption is like white-ant infestation documented, with tapes and videotapes their peril, is never to use an official, — silent and unnoticed until part of the if possible; learn the legal aspects internal “anti-corruption” body for structure collapses; but once it is found before you start; trust very few people, anything but the most trivial matter, somewhere in a building, it must be particularly politicians; try to remain and preferably not to risk using it even assumed to be everywhere until proved anonymous; get outside help; don’t then. Internal anti-corruption bodies otherwise. Bosses who refuse to expose yourself to the employer, but often seem to aim to trap and weed out recognise this must, I believe, be go straight to an outside agency. Other actual and potential whistleblowers assumed to be part of the problem, that things that became clear from the rather than do anything except produce is actively involved. They may in fact survey were that the outside agency glossy brochures on weeding out the simply be naive, but more often, I would be unlikely to help, and might corruption itself. believe, they are corrupt. even be harmful; and while I would Another important piece of advice is But in the end, it comes back to hesitate to advise people definitely at that at all stages whistleblowers and ethics — in management and in the this stage on the basis of one relatively their supporters have to be prepared for general workforce; an acceptance that small survey, it may well be that in the long haul. It was clear from the corruption, financial or otherwise, is fact the best thing to do is what survey that the damage done to the damaging both to the organisation and whistleblowers are so often unjustly whistleblower, and particularly to the to the whole community; and that accused of doing — go straight to the family, increases as time goes on. The whistleblowers represent an important media, without trying the potentially children said not to have been and valuable resource in helping to extremely risky course of making the damaged were all from cases that had keep standards the way we would like first complaint through the proper been going less than four years. Even them to be. channels. It is very important for four years, of course, seems an whistleblowers, when considering incredible length of time to whistle- making a complaint, internal or exter- blowers in the early stages — they nal, to line up support for themselves assume it should be resolved in a few

The Whistle, #81, January 2015 11

Articles

Kill the messenger … Dark Alliance for the San Jose pendent investigations by the Los Mercury News in 1996. The truth Angeles Times and Chicago Tribune, but not the message Webb was pursuing was the involve- and by the CIA’s own Inspector- Kim Sawyer ment of the CIA in shipments of General. But those verifications did not cocaine into the United States by US- save his career or his life; he never When a whistleblower watches a film backed Contras, the rebels who were worked in mainstream journalism about whistleblowing, there is reso- opposing the Ortega government in again and he committed suicide in nance. I remember when I first Nicaragua during the 1980s. At its 2004. In 1999, Webb published a book watched Silkwood years before blow- core, Webb was alleging that drug based on the three articles of Dark ing the whistle, I identified with the sales financed the Contras, and the Alliance. However, Kill the Messenger risk of nuclear power the film exposed, Reagan administration was the implicit appears to be his main legacy. Based but not with Karen Silkwood. But collaborator. Webb was an old-style on a book of the same name by when I watched Silkwood last year, I investigative journalist who began journalist Nick Schou, Kill the Mes- identified with Karen Silkwood. If investigating corruption in Cleveland senger shows the inversion of whistle- nothing else, blowing the whistle in the 1980s. The Contras story fell blowing better than most other films. establishes a bond with all other whis- into his lap via a Grand Jury transcript, At times it was wrenching to watch, as tleblowers, a bond underwritten by a and from there it was a process of Webb is sucked into the vortex of script that is nearly always the same. discovery. Webb interviewed drug whistleblowing. Kill the Messenger is the latest dealers, lawyers and bankers in Los Whistleblowers can gain many in- whistleblowing film in a genre that has Angeles, Managua and Washington; he sights from this film, but three are included The Insider, Khodorkovsky, joined the dots that should have been notable. First, Kill the Messenger Veronica Guerin, The Whistleblower, joined, the dots that others were provides an insight into the journalist Petition, and Erin Brokovich. This unwilling to join. And he paid a very as a whistleblower, and not just as a genre has quite a pedigree, and quite a high price. conduit. The journalist as a whistle- diversity of context; but the theme is When the story first broke, Webb blower is subject to the same targeting the same. Like all whistleblowing was the journalistic hero, nominated as their sources. Secondly, Kill the films, Kill the Messenger is the story for the Bay Area journalist of the year, Messenger illustrates media competi- of the pursuit of truth of a singular a remake of Woodward and Bernstein. tion at its worst. The media industry individual against a network of wrong- But Webb did not have the network of trades off competition with ethics, just doing. And, as in most other whistle- Woodward and Bernstein. He came as other industries do. For newspapers blowing films, the whistleblower pays from a small newspaper in a small city, of repute like the Washington Post and the price. a lone reporter with limited resources, New York Times, their ethics went with only the qualified support of missing in this film. The implication is editors who were unqualified for the clear. When a whistleblower ap- task. And he was up against the CIA. proaches a journalist, rival newspapers When the corrupt network targeted are competitors, not just for the jour- Webb, he experienced the inversion all nalist but also for the whistleblower. whistleblowers experience. His career Whistleblowers usually ignore this inverted from journalistic hero to the competitive risk. Thirdly, Kill the journalist without a portfolio. Col- Messenger highlights the risk of an leagues and editors became bystanders; unaccountable national security liberal newspapers like the Washington agency. It is an apt warning. Recent Post and New York Times, which legislation in the Federal parliament to should have supported him, joined the extend the powers of our national scapegoating; he was after all a com- security agencies is of concern. It is petitor. He was smeared, his family life not in the interest of national security dissolved, and he was harassed. What to render our national security agencies happened to Gary Webb was textbook unaccountable. Gary Webb proved that retaliation against a whistleblower, and point. it was effective. The film shows the dissolution of Webb’s life, the disso- Kim Sawyer is a long-time whistle- lution all whistleblowers relate to. It blower advocate and an honorary shows, better than most whistleblow- fellow at the University of Melbourne.

ing films, the role of the bystander. The messenger in Kill the Messenger is Those who should have been more a Californian journalist, Gary Webb, loyal were disloyal. who wrote a series of articles entitled Webb’s assertions appear to have been subsequently verified by inde-

12 The Whistle, #81, January 2015

Leaking: will deny authorship of documents, say their words were taken out of context, practicalities and politics say the policy wasn’t actually imple- mented, or that they were joking. 1 Brian Martin Another advantage in waiting is that you are less likely to be suspected of WHEN you want to reveal information being a potential whistleblower. in the public interest, consider leaking. If you decide to serve the public To be effective, you need to be very interest by collecting information and careful and to understand both practi- making it available to outsiders, you cal and political aspects. need to approach this task with great

______care. You are undertaking a vital The focus here is on leaking in the activity, but it is likely that opponents public interest. It can be a powerful Whistleblowing is speaking out in the will try to discredit or even destroy way to challenge damaging and dan- public interest, for example about you. So you need to learn how to be gerous activities carried out in secret. corruption, abuse or hazards to the effective. There are three main reasons why it public. Most whistleblowers reveal can be worthwhile for whistleblowers their identity, and many suffer repri- Whistleblower protection to remain anonymous. First, reprisals sals. Therefore, in many situations it is In Australia, there are various laws are less likely: if authorities do not more effective to remain anonymous intended to protect whistleblowers know your identity, they can’t take and leak. This can be called anony- when they make “public interest action against you. Many whistleblow- mous whistleblowing or public interest disclosures.” In some cases, giving 2 ers who reveal their identity are met leaking. information to journalists or activists is with petty harassment, ostracism, There is a serious double standard legally protected. However, in prac- assignment to trivial duties, assign- in leaking. Many politicians and top tice, employers often treat whistle- ment to onerous duties, hostile bureaucrats leak information to the blowing as illegitimate, even when it is rumours (for example of poor per- media, often for personal gain or to entirely lawful. formance, crimes, mental disorder or sound out policies. Such leaks are Legal protection is not a guarantee sexual activities), forced transfers, seldom investigated and never prose- against reprisals. Furthermore, em- 3 reprimands, referral to psychiatrists, cuted even when they are illegal. ployers are almost never held to demotions, dismissal and blacklisting. However, when lower-level workers account for taking reprisals against After reprisals begin, life becomes leak, this is commonly portrayed as a whistleblowers, even when they are very difficult. Many whistleblowers serious transgression and sometimes supposed to be protected legally. The suffer in their careers, their finances, investigations are undertaken to iden- lesson here is not to rely on whistle- their health and their relationships. tify the leaker. One of the main pur- blower laws: they may give only an Therefore, it is better to avoid reprisals poses of such investigations is to deter illusion of protection.4 This is why if at all possible. other workers from becoming leakers. remaining anonymous is often a better Second, remaining anonymous It may be the only reason. option. means you can stay on the job and

continue to collect information and 1 Vice president, Whistleblowers Australia; leak. As soon as you are identified, Professor of Social Sciences, University of your access to sensitive information Wollongong. Email: [email protected], will be blocked. Furthermore, efforts web: http://www.bmartin.cc/. will be made to hide or destroy For useful comments, I thank AJ Brown, information about wrongdoing. Kathy Flynn, Simon Frew, Brendan Jones, Third, by remaining anonymous, Cynthia Kardell, Ted Mitew, Ben Morris attention is more likely to be on the and others who prefer to remain issues revealed than on the person anonymous. making the claims. Employers prefer 2 This article draws on ideas in Brian to turn the spotlight on whistleblowers, Martin, Whistleblowing: A Practical Guide including their personalities and al- (Sparsnäs, Sweden: Irene Publishing, leged flaws, as a means of distracting 2013), chapter 8. Available at attention from wrongdoing. http://www.bmartin.cc/pubs/13wb.html Even if you decide to reveal your 3 David E. Pozen, “The leaky Leviathan: identity, it is often worthwhile waiting why the government condemns and for months or even years while you condones unlawful disclosures of collect plenty of information. As a rule information,” Harvard Law Review, vol. of thumb, you need ten times as much An illusion of protection 127, 2013, pp. 512–635, describes the US information as you think you do. This federal government’s tolerance of leaking is because wrongdoers will try to 4 Brian Martin, “Illusions of whistleblower by high-level officials, especially in the discredit you and the information in area of national security. protection,” UTS Law Review, No. 5, 2003, every way possible. For example, they pp. 119–130.

The Whistle, #81, January 2015 13

Even though many employers do challenging anti-terrorism laws far The most effective challenges to everything they can to discredit and exceed the penalties for speaking out such governments involve a wide undermine whistleblowers, there is about crimes by the pharmaceutical range of non-standard methods of considerable support in the wider industry. action, such as rallies, strikes, boycotts community for speaking out in the When penalties for dissent are and occupations. Campaigns relying public interest. By acting responsibly excessive, it is all the more important on such methods are more effective — for example, limiting damage to to reveal problems, and to do so with than armed struggle.7 There are several third parties — whistleblowers can the greatest care. To be effective in features of such campaigns worth maximise their credibility with co- exposing problems, it is worthwhile noting. workers and wider audiences. It is learning from dissenters and opposi- valuable to remember that whistle- tion movements in repressive regimes. blowing is about serving the public interest, not personal agendas. If you The Australian national-security are doing this, you deserve support and connection admiration. When your employer initi- In 2014, the Australian government ates reprisals, it is valuable to remem- passed draconian anti-terrorism laws ber that you are doing the right thing. with extreme penalties for whistle- blowers and journalists — up to ten Problems and penalties years in prison — who reveal informa- In every part of society, there are tion on certain national security Protesters in Peru, 2011 problems that need to be addressed. matters. Whether these laws will actu- They include business swindles, ally be used remains to be seen, but Widespread participation in actions is hazardous chemicals, abuse of people they are obviously intended to deter important. Mass rallies are one with disabilities, paedophilia in the public interest leaking and reporting. example. However, when joining a churches (and elsewhere), harm to They will also enable abuses to be rally is too risky, there are other prisoners, tax rip-offs, nepotism, unfair committed with impunity and hence options. In Turkey in 1997, at the tax laws, environmental damage, and a make exposure even more important. initiative of the Citizens Initiative for host of others. All deserve attention Whistleblowers in other fields Constant Light, at a particular time in and action. seldom face such extreme penalties, the evening people turned off their Perpetrators usually prefer to oper- but speaking out still can be risky. lights as a symbol of resistance. In ate in secret. Whistleblowers, whether There is much to learn from the Poland under military rule, the they are open or anonymous, can play challenges facing dissidents in high- government’s official news was broad- an important role in exposing the security areas. cast at 7pm. To express their opposi- problems. Sometimes, disclosures tion in a safe way, many citizens went cause wrongdoers to halt their Learning from challenges to for a walk at this time, some with their activities. repressive regimes televisions in prams. The more repres- The risks from speaking out are Many governments in the world are sive the regime, the more important it much greater in some areas than highly repressive. They do not allow is to find methods of opposition that others. Probably the most risky areas dissent, and may harass, arrest or even involve only a small risk, so many are organised crime, the military, the kill opponents. Despite the dangers, people can join. police and national security. The courageous citizens take action in It is also important that many problems are not necessarily more support of political freedom. It is different sectors of the population serious, but the power of the wrongdo- possible to learn from these challenges participate. If the opposition is based ers to impose reprisals is much greater. to repressive regimes.6 on a single group, such as students or National security is an exceptional Repressive regimes often provide workers, it cannot easily build into a case, because governments have enor- some official means for citizens to mass movement. Involving different mous power and can use it to abuse express discontent. It is possible to groups also brings in more ideas about human rights and avoid accountability. write to the government, though this resistance, making the movement more Anti-terrorism laws give governments seldom has any effect. Often there are flexible and creative. power against dissent that is far elections, but these are rigged. Often Campaigns against repression need beyond what is warranted by the most of the mass media are controlled to be resilient: they need to be able to dangers involved. For example, some by the government, or limited in what survive government attacks. One im- pharmaceutical drugs, with known they can say. Information about alter- plication is not to depend too much on dangers, cause tens of thousands of natives is restricted. Trying to change leaders, who can be discredited, ar- deaths, far more than the death toll the system by lobbying or voting is rested or even killed. A decentralised, from terrorism.5 Yet the penalties for fruitless. network-based system for decision-

5 Peter C. Gøtzsche, Deadly Medicines and 7 Erica Chenoweth and Maria J. Stephan, Organised Crime: How Big Pharma Has 6 See “Resisting repression: resources for Why Civil Resistance Works: The Strategic Corrupted Healthcare (London: Radcliffe, defending Australian freedoms,” Logic of Nonviolent Conflict (New York: 2013). www.bmartin.cc/dissent/documents/rr/. Columbia University Press, 2011).

14 The Whistle, #81, January 2015 making and action is better for movements are often not allowed. and leaking it anonymously. So being survival. Large organisations, with Basically, a large bureaucratic organi- public might be better. investments in facilities, staff positions sation is similar to an authoritarian • If you are the only person with and official credibility, have more to state.9 This helps explain why whistle- certain information, you probably lose and can more easily be harassed. blowing is so risky. A whistleblower is won’t be able to remain anonymous: Alliances are crucially important. similar to a lone political dissident in a you will be identified immediately. So Governments often use divide-and-rule repressive regime, which is why whis- it might be better to gather more techniques. They demonise certain tleblowers can learn from techniques information before leaking, or first sectors of the population, such as trade for political dissent. obtain a new job. unionists, religious minorities or stu- Imagine standing alone against a • To be an effective leaker, you dents, sometimes labelling them ter- dictator — it’s brave, but seldom a need to be an actor: you need to rorists or subversives, and attack them good strategic move. It’s usually more behave like you do normally. If there is directly or via proxies. Other sectors of effective to be part of a movement for a witch-hunt for the leaker, you need to the population, rather than support the change. When you have allies, you are pretend that you are not the leaker, and targeted group, instead look to the safer and there’s a better prospect of to tell lies if necessary. If you’re not government for protection, thereby success. There is strength in numbers, able or comfortable doing this, leaking cementing its power. and also many more skills, resources may not be for you. To be really effec- In this context, whistleblowers can and contacts. tive, you may need to join the search play a valuable role. Those who are If there is an organised opposition for the leaker and even contribute ideas inside the government apparatus, for movement within your workplace, this to how to track down the leaker. example in the police, military or is a good place to seek allies. If not, • Sometimes leaking may put you security services, can provide infor- then look outside the organisation, for and others close to you in serious mation to opposition groups. Useful example to action groups on the envi- danger. In such situations, you need to sorts of information include evidence ronment, health, honest government, balance benefits and costs, and con- of government abuses, plans and human rights, social justice or what- sider different strategies. methods. For example, when opposi- ever is most relevant. Strangely enough, when the danger tion groups know about government If you are on the inside, with infor- is high, it may be safer to reveal your plans to infiltrate and discredit them, mation, and others are on the outside, identity, because more people will they can better prepare their actions with resources and capacity to take know you have spoken out and will be and systems. action, you can contribute most by aware if anything is done to you. For linking up with those on the outside. example, sometimes witnesses to Dissent is risky By remaining anonymous, you can crimes by criminal syndicates are put In a repressive regime, speaking out provide information on an ongoing in supposedly safe locations under can be very risky, potentially leading basis. police protection. But if the criminals to arrest and imprisonment or worse. have infiltrated the police, then your In less repressive places, there is life can be in danger and no one will greater tolerance for free speech and know. If you are a public face, you political protest. Yet speaking out can might actually be safer. still be risky. The greatest danger is from employers. Who can receive leaks Large organisations, such as gov- There are several potential recipients: ernment departments, corporations and journalists, activists, WikiLeaks and churches, are usually structured on the similar services, and the public principles of hierarchy and division of directly. labour, in a form that sociologists call Journalists can use your informa- bureaucracy. The military is a classic tion to write stories and publicise bureaucracy, with a rigid line of problems. You can remain completely command. In a bureaucracy, workers anonymous by sending material by are interchangeable cogs. email or post, or you can talk via a safe Large organisations like this are phone, or you can agree to meet. How 8 When leaking is not a good idea undemocratic. There is little or no free Leaking is only possible and suitable much personal contact you make with speech. Leaders are not accountable in certain circumstances. the journalist depends on several through elections, and opposition • If you’ve already spoken out, and factors, including how much you trust especially if you’ve already suffered the journalist, how risky it is for you to have your identity known to anyone, 8 reprisals, you have limited opportuni- Bruce Barry, Speechless: The Erosion of and how much you want to build a Free Expression in the American ties for obtaining inside information relationship for ongoing leaks. Workplace (San Francisco: Berrett- Koehler, 2007); David W. Ewing, Freedom The best sort of journalist to contact Inside the Organization: Bringing Civil 9 Deena Weinstein, Bureaucratic is one who has a good reputation and a Liberties to the Workplace (New York: Opposition: Challenging Abuses at the track record of exposing problems. It is Dutton 1977). Workplace (New York: Pergamon, 1979) important to remember that journalists

The Whistle, #81, January 2015 15 and their editors seek stories they to activists is information about the on journalists or activists as intermedi- judge newsworthy, for example in- impact of their campaigns. aries. volving conflict, personalities, local What sort of activist group? It relevance and current events. If your depends on where you work. There are material is too old, too technical, too groups concerned about education, complicated or too risky — risky human rights, environment, labour, because it might open the news outlet peace, welfare and a host of other to legal or government reprisals — issues. However, sometimes there’s no then there may be no story, or only an suitable group. inadequate one. Look at what other Activists are less likely to be famil- stories have been run to see whether iar with using leaked information. your material fits the usual mould. They may not have good systems to An inexperienced or careless jour- protect your identity. Proceed cau- nalist may compromise your identity. tiously. It’s probably better to ap- Many journalists are seriously over- proach an individual with a lot of loaded and therefore may not have the experience, and someone with a repu- time to give your story the attention, tation for maintaining confidentiality. Choose recipients of your leaks very care and security precautions it de- Remember that most people like to carefully. You may need to take as serves. gossip. Knowing about a leaker may much care in selecting and cultivating If you have an ongoing relationship be a secret that is too hard for some to journalists or activists as you do with a journalist, you should arrange keep to themselves. If in doubt, don’t gathering material to give to them. codes and communication systems in reveal your identity. You can be an Edward Snowden gathered a vast case of danger, for example to cancel effective leaker by sending messages quantity of data about the US National meetings at short notice or even to shut from an anonymous email account or Security Agency’s spying operations, down contact altogether. Multiple putting documents in a mailbox. but that was the easy part. He carefully methods of contact, for example email Remember also that activists may selected the journalist he wanted to accounts in different names, can be be suspicious of you. They may worry receive the documents and then spent useful. that you are a government agent trying months trying to interest him in the Journalists should copy printed to mislead or entrap them. So proceed story. His efforts paid off in the documents received and destroy origi- gradually, and provide information to biggest stories imaginable. The lesson nals, and similarly transform electronic establish your credibility. Or try one of is to be selective in choosing recipients and to be patient and persistent in files to eliminate identifying informa- the other options. 10 tion, for example by putting them into Leaking sites are a good option if building a relationship with them. plain text. Journalists should not keep you have important documents. A files on site that can be obtained well-designed leaking site, like Remaining anonymous through a search warrant. WikiLeaks, provides strong protection Leaking may seem dangerous because In Australia, anti-terrorism laws that your identity will not be revealed. we read about leakers who were ex- may deter journalists from covering Not all sites do this, so check out the posed, most famously Daniel Ellsberg some national security stories. One site carefully. Another well established and Chelsea Manning. Most leakers, alternative: go to international media. leaking site, predating WikiLeaks, is however, remain anonymous as long as they want to — so we never hear about Or go to activists, use leaking sites or Cryptome. 11 publish the material yourself. Leaking sites may or may not give them. your material wider visibility. Too often, material just sits on the site and 10 Brian Martin, “Learning from Snowden,” no one notices. So you may need to http://comments.bmartin.cc/2014/06/26/lea rning-from-snowden/. For informative contact journalists or activists to let them know about the documents. accounts of Snowden’s experience, see Glenn Greenwald, No Place to Hide: Direct publication: you can post Edward Snowden, the NSA and the material online. You can set up a Surveillance State (London: Hamish website, a Facebook page or a blog, or Hamilton 2014); Michael Gurnow, The you can put documents on a site like Edward Snowden Affair: Exposing the Scribd. Then you can notify journalists Politics and Media Behind the NSA Activists can use your information or activists or go directly to your target Scandal (Indianapolis: Blue River Press, in several ways. By providing insights audience. For example, if you have 2014); Luke Harding, The Snowden Files: into how your organisation works, they email addresses, you can send mes- The Inside Story of the World’s Most can better plan their campaigns. For sages to members of an organisation. Wanted Man (London: Guardian Books 2014). example, if they know there are differ- The advantage of posting material — ences of opinion, or discontent, in your documents or written commentary or 11 On leaking, see The Art of Anonymous organisation, activists may be able to both — is that you control exactly Activism: Serving the Public While propose options or design protests what you want to say, without relying Surviving Public Service (Washington, DC: more effectively. Especially important Project on Government Oversight; Government Accountability Project; Public

16 The Whistle, #81, January 2015

Remaining anonymous is possible, during this time, as it can compromise photocopier, or make multiple copies but it takes care, especially if you work your anonymity. using several different photocopiers. in a sensitive area where security is If you plan to send files, avoid Even more devious is a process taken seriously. Because each situation standard word-processing software; sometimes used for highly sensitive is different, there are no general rules use secure open-source software in- documents. Each recipient’s copy has a about how cautious you need to be. stead, or put text into the body of slight difference in the text — for What is important is to think through emails. If you want to be ultra- example, an insignificant word is how others might track you down. cautious, hand-write your message and replaced by a synonym — so that if the Imagine that your boss, a workmate or key it in at a public computer. Avoid document is leaked, the leaker can be an outside investigator were given the locations where your presence can be identified. This level of monitoring is task of finding the leaker. What would recorded on closed-circuit TV moni- unusual. they do? Or imagine that you were toring and avoid carparks where your Usually you will not have to deal assigned the task of finding a leaker. car’s licence number might be re- with sophisticated defences against How would you proceed? By thinking corded. If you’re not sure about the leaking. At some national security through steps likely to be taken, you location of security cameras, you can offices, security is so lax that it’s have a better chance of avoiding traps. reduce risk by wearing sunglasses and possible to obtain paper or digital files Suppose the investigator goes into a hat — as long as this doesn’t make with ease.13 your computer and checks all your you more conspicuous. If you’re files and goes into your email account having an ongoing conversation with a and checks all your messages. That journalist, use a different public means you shouldn’t leave any trace of computer each time. your activity on your computer or Suppose you’ve made a major leak email. So pay cash to buy a cheap and there’s a massive hunt for the computer, for example a tablet or leaker. The police go into your house netbook. Make sure it is not connected and take all your electronic devices — to the web, disable GPS and do all phones and computers. By this time your writing on it. you should have deleted all incrimi- nating files from your computer, using Very few police dogs are trained to a secure-delete function so even an detect USB drives. expert cannot recover files. Even better, after deleting the files, you A more common problem you will dispose of the separate computer face is avoiding making simple entirely. Your regular home computer mistakes. Many leakers are caught should never contain material relevant because they leave pages in the to your leaking. photocopier or leave their computer Suppose the investigator obtains monitors open to confidential docu- telephone company records and looks ments, or send emails from their work

Buy a cheap tablet. for a record of a call to a journalist or computer. If you avoid simple mis- other recipient. You need a phone takes, you are pretty likely to be safe. Go to a public computer (in a library or connection that can’t be linked to you. The same principle applies to online cafe) far from your home, taking along So use public phones or arrange to use precautions: use methods with which a USB from your separate computer, a secure open-source messaging you are familiar and comfortable, and send emails from a new email system — not Skype — from a public because you are less likely to make account. Or use free wifi in a busy computer (voice or text message only). mistakes. If you’ve never used encryp- place.12 Avoid using social media Even safer is to avoid calls altogether, tion, VPN or open source software, instead sending quick emails so your don’t start just before you begin time online is limited. leaking. Instead, learn how to use these If you want to copy documents, you techniques well in advance, or just use Employees for Environmental need to be careful. Some photocopiers something you’ve used before. Meet- Responsibility, 2002), especially pp. 7–16; Kathryn Flynn, “The practice and politics can be set up so that every copy has an ing a contact face-to-face, away from of leaking,” Social Alternatives, vol. 30, identifying mark. So use a public electronic devices, remains a depend- no. 1, 2011, pp. 24–28; Nicky Hager and able way of avoiding surveillance; Bob Burton, Secrets and Lies: The arranging such meetings is the hard For keeping Internet activity anonymous, Anatomy of an Anti-environmental PR you can use Tor part. Campaign (Craig Potton, 1999), pp. 240– (https://www.torproject.org/) and use an Often it is better to leak information 247. All available at anonymous email site such as hushmail bit by bit, over a period of time, rather http://www.bmartin.cc/dissent/documents/rr/. (https://www.hushmail.com/), not 12 For even greater security, use a live including any personal information. Spies USB-only operating system such as Tails can use network analysis to track the 13 For a revealing account, see Sibel (https://tails.boum.org/) and, for continuous source of ongoing communication, so be Edmonds, Classified Woman: The Sibel posting, a VPN that doesn’t collect data careful about this approach for more than Edmonds Story. A Memoir (Alexandria, logs. occasional use. Virginia: Sibel Edmonds, 2012).

The Whistle, #81, January 2015 17 than in one giant batch. When journal- ful. Sometimes workers suspected of publicity and public support.15 Don’t ists or other recipients write stories, the being leakers are sent material or given rely on protection from whistleblower publicity may encourage others to tasks as a means of trapping them, or laws. They seldom work and often confirm information or leak new sending them a warning. serve to reduce exposure of problems. material, so the area of suspicion is Many Australian public servants are diffused and investigators are con- If you are discovered afraid of speaking out because of the fused. Furthermore, a drip-by-drip If your identity as the leaker becomes harsh laws against unauthorised disclo- leaking strategy can lead to greater known, you are likely to be subject to sures, but these laws are hardly ever publicity, as stories continue to appear. reprisals. If you are in a dangerous used. They serve mostly to scare Snowden’s revelations had a greater area, such as organised crime, police or workers into silence. You may be safer impact because they were gradually military, you might be at risk of than you realise. revealed over weeks and months. assault, frame-ups and imprisonment. Another way you can be identified If you expect reprisals to be severe, Conclusion is through your words and behaviour. it is often better to get out and go Secrecy is justified as protecting the Ask an honest friend how good you are public. Accept that your career is over, public, but often it serves to protect at keeping confidences. Chelsea leave the job (and avoid immediate powerful groups from scrutiny, and Manning, who obtained and leaked one reprisals), let everyone know you are a sometimes is a cover for crimes and of the biggest collections of documents whistleblower and seek public visi- abuse. In such circumstances, exposure in history, may never have been caught bility. is a public service. except for talking about it. The lesson Andrew Wilkie worked for the If you’re going to expose problems, is to never tell anyone that you are the Office of National Assessments. In leaking can be the best option, espe- leaker — except maybe years or March 2003, he publicly questioned cially when you can remain in the job decades later when there is no risk. the Australian government’s rationale and continue to leak. To leak effec- After you have leaked, you need to for joining the invasion of Iraq. Wilkie tively, you need to be cautious and pretend that you are not the leaker. didn’t bother complaining to his bosses patient, perhaps waiting months or You need to behave just as you would or making an official disclosure. even years after collecting information. if you hadn’t been the leaker. This is a Instead, he went straight to the media You need to choose your recipients form of acting. Contrary to popular with his message, resigning from his very carefully. You need to continue in opinion, research shows that most job. Wilkie was courageous in speak- your job just as you would if you were people can lie convincingly and that ing out, sacrificing his career. He had not the leaker. You need a plan to few people can detect lies, so you can maximum impact and avoided reprisals minimise potential damage to the probably do it well, especially if you inside ONA. He could have been recipient of your disclosures in case of believe in what you are doing.14 It is charged with a crime and gone to discovery. If you are discovered, you legitimate to lie in a good cause, for prison. Because he became well known need to be prepared to resign and go example in occupied Europe during — and gained many supporters — the public. World War II when Nazis came to government decided not to prosecute As a leaker through all this, you will people’s houses asking whether there him. obtain no recognition — no praise were any Jews inside. from bosses or co-workers, and no personal publicity. You need to be satisfied in your mind that you are doing the right thing. Sometimes that is the greatest reward.

Postscript This is a work in progress, and is likely to become out of date in light of technological developments. If you Pinocchio hides his revealing nose have comments on how to improve this document, please let me know (see Think through in advance how you footnote 1). You are welcome to would behave if you were told that circulate it, especially to potential someone else had leaked information leakers. A separate pdf is available at from your section. (Maybe they did!) www.bmartin.cc/dissent/documents/rr/ Then be prepared to act in the same Andrew Wilkie in the section on leaking. way if you are the leaker. If you are convincing, you might even be put in The lesson from Wilkie’s experience is charge of finding the leaker! Be care- that to have maximum impact and 15 reduce reprisals, resign and seek Brian Martin, “Bucking the system: Andrew Wilkie and the difficult task of the 14 Paul Ekman, Telling Lies: Clues to whistleblower,” Overland, No. 180, Spring Deceit in the Marketplace, Politics, and 2005, pp. 45–48, Marriage (New York: Norton, 2009). www.bmartin.cc/pubs/05overland.html.

18 The Whistle, #81, January 2015 WBA conference

WBA’s annual conference was held at David’s here today to talk about his Following lots of publicity, eventually the Uniting Centre, North Parramatta, current campaigns to improve the the government did reinstate her, but Sydney on 22 November 2014. protections for whistleblowers in under conditions making her tenure Cynthia Kardell introduced each of the NSW. Notably, he has been working precarious. speakers; her remarks are reproduced on some legislation related to the case David has proposed a bill in the here. In addition, she was a speaker of Tara McCarthy who was sacked NSW Parliament to expressly allow herself. For the other speakers, you can after whistleblowing at the State whistleblowers to be able to return to read Brian Martin’s notes on the Emergency Service (SES) and only their jobs. spoken presentations. grudgingly reinstated despite being Now for some police-related mat- utterly vindicated by the State’s ters. Between 1998 and about 2002, corruption watchdog. I understand the there were several secret police Current campaigns to proposed legislation would create a investigations in the state involving specific power for the reinstatement or three agencies: the Police Integrity improve protections reemployment of people who have Commission, the Crime Commission David Shoebridge been dismissed for making public and the Professionals Standards interest disclosures. Branch of the Police. These agencies took out warrants to carry out covert Brian’s notes on David’s talk surveillance on hundreds of individu- One of David’s primary portfolios, als. The rationale was to detect corrupt justice, brings him in contact with police, but for many of those targeted many whistleblowers, through emails, — which included police, journalists phone calls and letters. There’s so and lawyers — no evidence was much coming into his office that he provided to justify surveillance. A and his staff have to prioritise how to single affidavit sometimes covered respond, sometimes with a letter, hundreds of individuals. Judges from sometimes with a referral to a govern- the Supreme Court approved these ment agency. But in all too many warrants without serious scrutiny, cases, after making a referral to an excluding only names like Donald agency, nothing happens. Duck. One of the cases that came to his The result was that one group of office involved Tara McCarthy, of the police was using surveillance powers NSW State Emergency Service (SES). to collect information about other Most of those involved with the SES police, some of whom were competi- are volunteers. Running the show are tors in career terms. Just being subject some well-paid staff, an old-fashioned of a secret warrant could be a black boys’ club. Tara, appointed to the staff mark against an officer. The result was David Shoebridge and looking into financial matters, that those in the top ranks of the NSW

discovered all sorts of lurks, such as Police had either issued secret warrants Cynthia’s introduction staff receiving free service. She or been subject to them — a recipe for David is a Greens member in the NSW reported the matters to her boss, and suspicion and dysfunction. Parliament, serving in the State’s ended up losing her job. Then came an investigation into Upper House since September 2010. The Independent Commission what had gone wrong with the exces- He is the Greens NSW spokesperson Against Corruption (ICAC) investi- sive secret warrants. The NSW Crime for forestry, industrial relations, gated and vindicated Tara. But this Commission told investigators that if planning and heritage, firearms, justice took a long time, and meanwhile she they asked one more question, the and local government. David was an sued the state government. She was investigators would be criminally elected Greens Councillor on Wool- offered a settlement, with the usual charged for breaching privacy provi- lahra Council between 2004 and 2012 gagging clause. David sees this over sions. The resulting report was kept where he served a term as Deputy and over: whistleblowers are offered secret. Neither major political party Mayor. settlements with gagging clauses, in would tackle the breaches of the law. Before entering Parliament, David which the alternative of continuing David received considerable mate- worked as a lawyer for 13 years, the their legal cases would probably lead rial about what had happened. He went majority of this time as a barrister. In to a lower payout, and a risk of failure. to the Ombudsman, because other that time he acted for a broad range of Tara wanted, most of all, to get her police oversight agencies were impli- people and organisations with a focus job back. Yet the Public Service cated. The Ombudsman said he was on employment, discrimination, in- Commission said that because of some not the right person to receive the dustrial and tort law. obscure administrative technicality, material. Tara could not return to her job.

The Whistle, #81, January 2015 19 The state government shut down pean countries. David replied that it Peter is here today to update us on any parliamentary discussion. But then might be a good idea, but pushing for the events this year and what he thinks the government announced that the it is far beyond the resources of his will come out of the PIC inquiry. Ombudsman’s powers were being in- office. He has to focus on achievable creased to be able to run a secret outcomes, but would welcome a wider investigation into the police, with movement in favour of an inquisitorial severe penalties for anyone who system. speaks out about the matters. It seems that whistleblowers, revealing crimes to journalists, are becoming the targets Reflections on of the Ombudsman’s inquiry. Meanwhile, in parliament, David police whistleblowing and others came under ferocious attack Peter Fox for initiating an inquiry into the Ombudman’s investigation. There is Cynthia’s introduction no evidence that any of the judges who I’m sure Peter doesn’t need an intro- approved sweeping warrants have been duction. He was a speaker at our called in for questioning. conference here last year. What’s the solution? David says Peter was formerly a detective although there is a need for warrants inspector in the NSW Police. He came for secret investigations, there needs to to prominence when he blew the whistle on the NSW Police at a public be someone in the court to check the Peter Fox meeting, when he revealed the police validity of the applications: a public Photo: Jonathan Carroll interest monitor. had been refusing to investigate the sex David gave a story about people abuse allegations that were coming Brian’s notes on Peter’s talk who contact him about problems in the forward about priests in the Catholic As Peter heard David Shoebridge police. They go to ICAC and are told Church in the Hunter region. speaking, he said he could only nod in to go elsewhere. They go to the His allegations are generally ac- agreement about the infighting within Ombudsman and are told they should cepted as having been the catalyst for the higher ranks of NSW Police. He complain to the police first. So they two commissions of inquiry set up noted that boys’ clubs exist every- complain to the police about problems within days of the public meeting and where, certainly including the police. in the police. This leads them to the his subsequent interview on ABC TV Very early on, Peter realised that the Police Integrity Commission, which program Lateline. Cunneen Inquiry was not going to be says it lacks the resources to in- The first, the NSW Cunneen in- supportive of his position. [See articles vestigate. quiry, was limited by its terms of ref- in the July 2014 issue of The Whistle.] David said there is nothing to gain erence to investigating his allegations The inquiry focused on attacking Peter for him politically in taking up the about police refusing to investigate and appeared to minimise or ignore cause of police whistleblowers, be- claims that two priests from the Hunter police failure. He could have jumped cause he is regularly at loggerheads Region had sexually abused children in up and down about how unbalanced with the police over matters such as their care. It has since reported on its the inquiry report was, but he knew police dogs used to detect drugs. He findings, finding that Peter was an that wrongdoers regularly did this, so supports police whistleblowers be- unreliable witness and the NSW Police he said nothing — and is very glad he cause he believes in the cause. There Force is blameless. did. are advantages in a parliamentary The federal commission of inquiry, On one occasion after the Cunneen inquiry that cannot be attained in other which is still running is inquiring into Inquiry, an older woman, who he forums. the more general question of institu- didn’t know, put her hand on his tionalised cover-ups of the sexual shoulder and said “You’ve done the abuse of children. It has heard right thing. Good on you and don’t let damning evidence about many of our the bastards get to you.” Peter said this most respected public institutions like reassured him that many members of the Catholic and Anglican churches, the public had understood what was Scouts Australia and the YMCA. going on. Since then the NSW inquiry re- Peter has just retired after 37 years ported its findings, the Police Integrity in the police force. At his retirement Commission (PIC) has inquired into an function, there were many police, allegation that the Catholic Church and serving and former, and they were In the question time after David’s talk, police had had an operational agree- quite supportive. Many said to him that a couple of questioners recommended ment or MOU that left the question as they never could have done what he changing Australia’s legal system from to how to proceed with claims of sex did, namely speak out. He said that an adversarial to an inquisitorial abuse by priests in the hands of the most members of the police force are system, such as exists in some Euro- Church. ethical; the problems involve a rela-

20 The Whistle, #81, January 2015 tively small number he referred to as became the first female deputy parking and travel caused what ICAC an old boys’ club or faction. commissioner in the SES’s 60-year termed “disquiet” in the SES ranks. For Peter, the issues in his case history. Tara was employed to review She found that her fellow deputy were not about him or his career, but SES contracts and deliver budget commissioner, Steve Pearce had used about those who were sexually abused savings. his corporate credit card to pay for as children. One of these individuals, On 28 May this year Tara achieved roof-racks “to carry surfboards” on his because of his intellectual disability, another first, when ICAC found that SES vehicle and later to pay for expressed his appreciation for Peter SES “Commissioner Murray Kear electric brakes to be installed “for the not through words but instead by engaged in corrupt conduct through towing of his camper trailer.” gathering stones, putting them into the failing to properly investigate allega- Tara also found that her boss, shape of a heart, with flowers inter- tions against Deputy Commissioner Commissioner Kear, had signed off on spersed around one stone with the Steven Pearce, and by dismissing the two purchases on the basis the words “thank you,” and sent a photo to Deputy Commissioner Tara McCarthy money was repaid 15 months and two Peter, who was greatly moved. from her employment with the (SES) years respectively after the events. The volume of the complaints that substantially in reprisal for her making After she received further credit come to watchdog bodies is so large allegations against Mr Pearce.” card statements, she engaged public that it is impossible for them to address Can I just say I was flabbergasted to service auditor IAB to do a “desktop them all. An independent agency is a hear the news. The Protected Disclo- audit,” which uncovered potential good idea, but unless the resources sures Act 1994, now the Public Interest irregularities totalling more than allocated are huge, they cannot do Disclosures Act 1994, came into effect $11,000. everything expected of them. In the on 1 March 1994. In anticipation I had Tara also raised concerns about Ombudsman’s office, the response to lined up an appointment with ICAC on Steve Pearce approving $60,000 worth complaints can depend on which staff the same day. I spent hours there, of overtime for one colleague, the member deals with it. Some staff have taking them through my well tabulated private use of a company car by been in the job too long and lost disclosure. another, and entering into two consul- energy; others have been in the job In the ensuing months I tried to get tancy agreements worth hundreds of very long and are too close to the ICAC to use its act to help me to avoid thousands of dollars. police, which can limit their independ- being sacked. It did nothing of course, The ICAC inquiry heard that Steve ence. Meanwhile, the Police Integrity but because of my experience I’ve Pearce had “provided badging and Commission has such limited taken a particular interest in its logos” so the contracts would look like resources that it has to limit its investi- handling of whistleblower complaints. SES documents. The contracts were gations to only a fraction of matters Frankly I didn’t think I’d ever see the later terminated. that are brought to it. In the royal day when ICAC would understand the Michael Fordham SC, counsel as- commission, there also have to be role it had been given under the act to sisting ICAC, wryly summed up the decisions about what to focus on, protect whistleblowers. allegations saying “The 1902 short because the volume of material re- Mind, it has taken 20 years but it’s story about a cursed talisman that ceived is so large. better late than never. grants wishes, The Monkey's Paw, written by W.W. Jacobs, opens with the line: ‘Be careful what you wish for, Tara McCarthy you may receive it’.” As he said, Commissioner Kear and the SES is back on the job! needed an efficient, process-driven Cynthia Kardell person to guide the SES and improve its governance and “that is exactly In preparing for this talk today I drew what it got” in Tara McCarthy. on information from the reports by Sydney Morning Herald journalist Michaela Whitbourn and the media release put out by the Independent Commission Against Corruption (ICAC) on 28 May 2014. Tara would be telling you her story today, but for the fact that her erst- while employer made it very clear that she had to have their approval upfront, Tara McCarthy which I think says the SES manage- ment has some way to go before it Tara was employed to review pro- reconciles its actions with the outcome. curement contracts and deliver budget The NSW State Emergency Service savings so Tara’s moves to ensure (SES) has some 10,000 volunteers and appropriate governance relating to 300 paid staff. In November 2012 Tara overtime, use of motor vehicles,

The Whistle, #81, January 2015 21 But as Fordham went on to explain and that the government says it is SES executive Mr Cappie-Wood “[h]aving got governance and account- powerless to do so.” explained while it was his “firm view” ability it began to interfere with what I’ll just go through some of the that Ms McCarthy’s “well-being and seems to have been regarded as an rather predictable things that were said safety” would be at risk if she returned appropriate status quo,” because Tara’s and done by the players at the time. to the SES he and Mr Head from the boss had “allowed the importance of It’s a story that we can all relate to. Justice Department remained in “active … mateship to permeate the manner in Public Service Association general discussions” with Ms McCarthy about which he administered a significant secretary Anne Gardiner said “I can’t her future. public entity”… [because her boss and believe that they can’t just reappoint And finally Public Service Commis- Steve Pearce] “had known each other her, given that ICAC found the origi- sioner Graham Head was finalising since at least 2006 and the two men nal sacking was a corrupt sacking.” advice for the government’s consid- and their families holiday together.” Well spotted Anne, I’m thinking! eration “on mechanisms that would In its report ICAC found that enable reinstatement,” including where Commissioner Kear faced the potential a person was sacked as a reprisal for for criminal charges, for sacking Tara whistleblowing. as a reprisal for investigating her Ms Gardiner from the PSA cut to fellow deputy Steve Pearce. It recom- the chase. She thought the Minister mended the Director of Public should intervene and exercise his Prosecutions (DPP) consider bringing power to appoint Ms McCarthy as criminal charges against him under the commissioner or acting commissioner Public Interest Disclosures Act 1994. of the SES. That would be a significant first if it Greens MP David Shoebridge said gets up. it wasn’t good enough: unless Ms The evidence before the inquiry was McCarthy was reinstated “after being that Tara had saved the SES “signifi- entirely vindicated by an ICAC cant amounts of money” during her hearing … it [will] show the state’s tenure and that despite the fact that whistleblower protection laws are there were “never any competence or worthless.” “There needs to be a performance issues” arising out of her change in focus in the state’s laws, that employment, she was not given a makes reinstatement the primary chance to comment before she was remedy for any whistleblower whose sacked in May 2013. And indeed claims are validated in either ICAC or Fordham SC told the inquiry “[it] is civil proceedings.” telling that a cab had already been Anne Gardiner This is probably just a taste of what arranged to take Ms McCarthy home.” went on for five months! It’s wonderful stuff. Fordham SC Emergency Services Minister Stuart Of course the alleged wrongdoer, told the inquiry “Commissioner Kear Ayres explained he was unable to give deputy commissioner Pearce, remained openly stated that one or both of his Tara back her job because it was a on leave with full pay. deputies had to go. He chose Tara matter for the head of the Justice Then on 24 October 2014 the McCarthy.” Department, Andrew Cappie-Wood, Sydney Morning Herald reported Tara Other evidence indicates Commis- and Public Service Commissioner will return to her former position next sioner Kear had made false statements Graeme Head. week, albeit only on a six-month to ICAC investigators and failed to Tara had been negotiating with the contract. And “Mr Pearce, who was “identify, acknowledge or appropri- SES executive “for three months and it also deputy commissioner, will return ately manage the clear conflict of felt as if she was on a merry-go-round, from leave on full pay on the same interest that arose out of his relation- going nowhere … with no decisions day.” ship” with deputy commissioner made and no offer of reinstatement.” Tara revealed it had been “a long, Pearce. “Her sacking was devastating enough, difficult process but I’m absolutely Commissioner Kear subsequently but now the failure of the government thrilled to be returning and getting resigned rather than face internal to provide her with the protections they back to work” and that “it was a sanctions. I don’t know whether the promise to whistleblowers was ‘soul- privilege to be the first female deputy DPP has decided whether or not to lay destroying’.” commissioner and I’m very excited charges. I hope he does. Now steady up Tara, I muttered. It’s about being able to take up that role The SES must have ducked for only been twenty years. again.” cover, hoping it would all go away, Tara even told them she would Public Service Association general because on 29 August the Herald consider a permanent position of secretary Anne Gardiner welcomed the reported “Tara McCarthy is still equivalent rank and responsibility. But decision although she’d “expected waiting to get her job back. Still wait- their only offer was for a temporary Tara would have been reinstated ing to be reinstated in what Tara and more junior role at another earlier.” described as the ‘job of her dreams’ — organisation. Emergency Services Minister Stuart Stick that up your jumper! Ayres, who it appears may have been

22 The Whistle, #81, January 2015 pushed to intervene, defended his part fearful about returning to work — the SES one day in the not too distant saying he was always unable to give perhaps fearful her colleagues might future. Ms McCarthy her job back because it want to pay her back. Tara didn’t need was always a matter for his department it: she said something like ICAC had heads, Mr Cappie-Wood and Mr Head. done its job and now it was time to get Commonwealth Bank Mr Cappie-Wood explained that on with work. Her boss was non- although he was concerned that Ms plussed as far as I can work out and cover-up and McCarthy's “wellbeing and safety” after about half an hour of trying to comeuppance would be at risk if she returned to the spark an argument gave her the rest of Jeff Morris SES, he and Mr Head had made the the day off. decision to offer Ms McCarthy a six- Day two Tara met a clearly nervous Cynthia’s introduction month contract, because “senior ex- Steven Pearce, who I understand ICAC Jeff has a degree in economics and ecutive roles in NSW government had decided was clearly incompetent, law. He is a Certified Financial agencies can only be offered on a but not necessarily corrupt. Tara was Planner. He has had nearly 30 years temporary basis for a maximum of six cordial, businesslike and got the experience working in financial Serv- months without external advertising feeling Pearce had been expecting a ice including as a taxation manager at and merit selection processes.” punishing rant. They must have put a NatWest Bank and Deloitte and This was a real “Tony Abbott” day aside just in case they needed to Touche Chartered Accountants, a moment. You know, when you’re mediate between the two. I can only financial consultant with the actuarial listening to him explain something and assume they were hoping Tara would firm Towers Perrin and a Vice Presi- you feel like you’re in a parallel lose her temper and they’d have to dent of investment bank Bankers Trust universe? “reluctantly” let her go, saying they Australia. And Tara McCarthy and fellow couldn’t guarantee her safety or some In 2008 he joined Commonwealth deputy commissioner Steve Pearce will such nonsense. Tara was reasonable- Bank Financial Planning and rapidly both have to compete for the role of ness itself and got the rest of the day became concerned about the severe deputy commissioner in about Febru- off instead. losses and emotional distress being ary when the organisation is restruc- Over the rest of the week Tara got suffered by many elderly and vulner- tured so that there is only one deputy to meet her staff, who were welcom- able clients due to the poor advice they commissioner position. ing, even admiring, so much so that received. He became a whistleblower A re-structure, I fumed! How her boss had what seems like a change to the corporate regulator ASIC — predictable is that? of tune, telling her that her return had Australian Securities and Investment Asked why Mr Pearce was returning given them (the SES) a chance to get Commission — in relation to financial to his position, Mr Cappie Wood things on a proper footing. planner Don Nguyen and Common- explained “The ICAC and the Public Tara returned to full time work the wealth Financial Planning. Service Commissioner have carried out following week and as far as I’m Jeff will tell about how Don thorough and fair investigations into aware is still thrilled to be back. Nguyen was subsequently banned from these allegations and no findings of Since then the SES has decided to practising as a financial planner for 7 corrupt conduct were made against Mr bring forward the recruitment of a years and seven other “rogue” planners Pearce.” replacement deputy commissioner, were also banned. Commonwealth That’s all good, then. perhaps so as to allow the incoming Financial Planning had a two-year The acting SES commissioner, Jim commissioner to take part. This all enforceable undertaking imposed on it, Smith, told staff on Friday before Ms seems so ordinary, but you have to had to spend $25 million to bring its McCarthy's return. And just in case remember that Tara didn’t get her old business up to scratch and to date has you’re thinking that things were on the job back. She got a contract for six paid out over $50 million in compen- up and up: a spokesman for the SES months. Tara should have got her old sation to the victims of its poor advice. told the Herald “Tara McCarthy is job back. ICAC found the decision to If you’re an ABC TV Four Corners certainly going to be a valued member sack her was corrupt, which means the fan you will have seen Jeff Morris and of the staff here at the SES upon her decision is void ab initio at law and in some of the victims of Commonwealth return, just as much as Steve Pearce effect, never happened. So is this just Bank Financial Planning in the docu- is.” another way of the SES boys giving mentary entitled “Banking Bad” by More like sticking the boot in, I the finger to ICAC, of letting everyone Adele Ferguson and Deb Masters that thought? know that you can’t embarrass them aired on the ABC on 5 May 2014. I made contact with Tara mid and expect to get away with it? In June 2013 Jeff Morris blew the September before she went back to I like to think that the incoming whistle again, this time apparently on work on 27 October. I was not Commissioner will see in Tara the one the bungling incompetence of ASIC. It surprised to hear she spent the first person he or she can rely on, because was a catalyst for a Senate inquiry into week back taking part in a formal she has certainly showed her ability to ASIC that delivered its findings in week-long process to allow her to be act without fear or favour in putting May this year. Jeff will no doubt reintroduced back into the SES. the SES first. I take my hat off to Tara explain why he thought their findings Tara’s boss Jim Smith offered her and I look forward to her heading up would make a difference to the way counselling in case she was worried or ordinary Australians are provided with

The Whistle, #81, January 2015 23 financial advice. For the full unadul- job and cover up what had happened, Blowing the whistle is not enough, terated story about blowing the whistle so Nguyen was brought back to clean because the regulator receiving your on our biggest bank and why some red up the act. disclosures is part of the problem. That tape may be essential, please welcome Jeff and two colleagues — called was the case with ASIC. The Senate Jeff Morris. the ferrets — went to a trade journal, inquiry attracted a huge number of hoping the resulting story would force submissions about financial miscon- ASIC to act — but ASIC didn’t. Up to duct. Despite the overwhelming then the ferrets had remained anony- amount of evidence, no one at ASIC mous, while the bank management has lost their job. The bank lost all its tried to discover who had done the credibility with the Senate. The inquiry leaking. The ferrets wanted to stay recommended a royal commission into employed so they could continue the banking industry. gathering information to provide to Jeff’s next turning moment was the ASIC. experience of vindication, when the Bank management called for em- bank was forced to provide a proper ployees to come forward with any compensation scheme. evidence of fraud. Jeff did. The current stage involves continu- The publicity led management to let ing the struggle in the face of the new Nguyen go, though giving him the compensation scheme, administered by opportunity to resign and claim an the same bank unit. The true cost of a income benefit of $70,000 per year proper scheme would be about a from the CBA Group. billion dollars. Finally, Jeff and his group physi- ASIC has set up a whistleblowing cally went to ASIC on 24 February unit, but it’s not useful as long as the Jeff Morris 2010 and put documents on the table. incompetent ASIC commissioners and ASIC gave the bank a couple of weeks staff — and the ones who tried to Brian’s notes on Jeff’s talk to provide files; it provided just 78. mislead the Senate — remain in place. Jeff’s whistleblowing saga started after Later an additional 139 files were The entire financial services sector he talked to two elderly people in his provided. It took until nearly the end of needs to be reformed. There is still office one day. They were physically the year for the bank to prepare a half- more to come concerning the Com- breaking down from the stress of hearted compensation scheme. monwealth Bank, and other banks too. losing $500,000 they had saved for The bank originally paid one Public concerns have broadened, for their retirement. They didn’t under- woman $5000, then upped it to example now including the qualifica- stand what had happened, even though $30,000. She eventually received tions of financial planners and their financial planners are supposed to $600,000. Some clients were told they training. explain things. weren’t entitled to anything. Jeff has been in the industry for The main problem with most finan- It was very stressful for the ferrets. decades, and learned about all the cial planning is too much gearing. This One of them resigned because of this shady operations going on. He refused occurs because planners are given and shortly after died in his sleep, aged to join any of the scams. His one regret bonuses based on how much money 35. Then another ferret couldn’t take it is that he didn’t try to do anything they shift. any longer and resigned. This left Jeff earlier. Jeff wrote a professional report alone on the job. Jeff says you can’t get anything about what had happened to the Jeff contacted various politicians, done on your own. His best allies have clients, pointing to the inappropriate most of whom were pretty good. been the media and parliament. Adele behaviour of another financial planner, Several wrote letters to ASIC, leading Ferguson’s stories and the Senate Don Nguyen. He learned that there nowhere. Jeff made the crucial step of inquiry were needed to tackle the bank. were hundreds of victims. However, contacting journalist Adele Ferguson. A whistleblower can’t do it alone. senior management didn’t act. She was wowed by the information he Incidentally, the Four Corners story Jeff identified several moments in provided, and ran a series of stories “Banking Bad” of 5 May 2014 won his whistleblowing trajectory when over two weeks. As the series pro- Adele Ferguson and others the Gold things shifted for him. The first ceeded, John Williams got up in Walkley Award. In December, Jeff moment was when he realised no one Senate and called for an inquiry. The was at the awards along with Senator else was going to do anything, and that series of articles was powerful because John Williams and Senator Sam he was the one who would have to do the bank didn’t have time to prepare Dastyari, who is chairing an ongoing it. responses and media strategies and do Senate inquiry into banks and financial He wrote a five-page report to lobbying to minimise the impact of the planning. As part of the fallout from ASIC, providing a detailed plan, but revelations. After the Senate inquiry the Commonwealth Bank scandal, the with no expectation of action. Friends was initiated, the bank set up a team of government is implementing a “Na- said ASIC was incompetent. By this four or five people in Canberra for tional Adviser Register” for the finan- time Don Nguyen had been suspended. lobbying. cial planning industry. But no other planner would take on the

24 The Whistle, #81, January 2015 Catholic priests Abuse in the church is of special interest because the churches are behaving unforgivably invested with moral authority. If it had Joanne McCarthy just been Denham, that would have been bad enough. Joanne was writing Cynthia’s introduction about these matters, and asked herself Joanne started work as a nurse, but how the church authorities had allowed fortunately for the nation switched to him to continue. After her stories were journalism. She has been with the published, victims contacted her and Newcastle Herald since 2002. she gradually gathered more material Over the years, Joanne’s tenacity in and came to understand that the pursuing justice for the victims of problem was systemic. sexual abuse has effectively wedged In trying to report on child sexual her between two powerful and patriar- abuse, Joanne discovered both acts of chal institutions: the Catholic Church commission (such as abuse and and the police force. But Joanne was seeking career advancement) and acts not fazed by their opposition and in of omission (not taking action against fact I understand it may even have abuse and offering excuses for inac- energised her. tion) — and in many ways the acts of Eventually the federal Gillard Joanne McCarthy omission are worse. Lots of lawyers government set up the Royal Commis- act in the excuse mode. sion into Institutional Responses to Joanne was raised as a good Catholic, She dreads hearing the phrase “But Child Sexual Abuse after former which some people find surprising. the church does good work.” It’s a pat detective inspector Peter Fox made She had great nuns as teachers, strong way of pardoning abuses. Meanwhile, very public allegations about police independent women, and got much out church leaders criticise “moral relativ- cover-ups. His allegations also of the experience. She wasn’t brought ism,” at the same time as they try to prompted the more limited NSW up to be concerned about problems in deny abuses, saying black is white. Commission of Inquiry, set up by the the church. In 2012, while sitting in bed unable NSW O’Farrell government. Both The NSW Police Royal Commis- to sleep, she wrote a call-to-arms inquiries were needed, but I suspect sion, 1995–1997, provided the first article about loss of faith in institutions the federal inquiry, which is still inkling that there were problems with — church, government, media and running, will have a most profound child sexual abuse in the church. If others — saying there needs to be a effect on policing, the justice system, there were problems, they were as- royal commission into child sexual our schools, charitable organisations sumed to involve isolated cases — abuse, because the problem was vastly like the YMCA and our private life. nothing systematic. larger than anyone realised. In 2013 Joanne received Australian She began with the Newcastle The number of supportive politi- journalism’s most prestigious award, Herald in 2002, and wasn’t aware of cians throughout the campaign can be the Gold Walkley, for her coverage of previous cases of abuse. Then in 2006 counted on the fingers of one hand. child sexual abuse in the Catholic she received a call about John Denham They include David Shoebridge. Julia Church. Her story was the subject of who was previously convicted of child Gillard supported the campaign only at the ABC program Australian Story on sexual offences, asking why nothing the end. Monday August 25. Former Prime had been reported about him — he was Joanne has never worked with Kate Minister Julia Gillard was apparently working near children. She became McClymont (an experienced journalist so impressed with her work that one of interested, and made some calls. When who has exposed corruption in numer- her last acts in office was to send a she first contacted court authorities, ous articles), but shares a lot with her: personal note to McCarthy. initially she was told there was no they have encountered boys’ clubs and record of Denham’s conviction, and corrupt institutions. Brian’s notes on Joanne’s talk eventually was told that the file was She has had men in their late 70s Joanne has spoken at other sorts of not in the expected place. coming to tell her about being sexually events, such as groups of Christians. In Joanne wrote some stories, after abused as children. Her stories have comparison, she finds the greatest having talked with Denham. In her enabled them to open up for the first empathy here at the Whistleblowers experience, paedophiles fit a stereo- time in their lives. This shows the Australia conference. type, and it is possible to appeal to importance of speaking out, and media She worked for the Central Coast their vanity so they let down their coverage, in enabling others to Express, a Murdoch newspaper, for 20 guard and speak more freely. Initially acknowledge what happened, eventu- years until she couldn’t handle it any Denham denied having been con- ally leading to a tipping point in which longer. Now she works for Fairfax, but victed, and only acknowledged this the stories really start to flow. is prepared to criticise the media. The after she quoted details. (Denham is in Every single day since 2010 she has media, along with the church and the gaol; his victims number more than received emails, phone calls or letters police, are key institutions that need to 60.) from individuals who suffered sexual be accountable. abuse as a child. The stories of these

The Whistle, #81, January 2015 25 individuals are part of what makes it gence operation, even if it is in the leaks revealed the cooperative ar- possible for her to continue. Would she public interest. rangement between the spy agencies in do it all again? Definitely. The third tranche of proposed the US, UK, Canada, Australia and amendments to the ASIO act, which is New Zealand. often referred to as the “foreign Metadata is not defined in Austra- On turning fighter’s bill” and requires ISPs to lian law. It includes things like email retain their metadata for two years, is titles, location data for mobile phones, whistleblowing and still in the Senate. The Pirate Party and email address books. This sort of journalism into opposes the entire legislative package. information can, under new laws, be criminal activities Simon is here today to talk to us accessed without a warrant. A warrant about why the criminalisation of intel- can be obtained for entire computer Simon Frew ligence whistleblowing and journalism networks, for example for a university

and the government of the day having or perhaps even for the whole Internet. Cynthia’s introduction access to metadata may be a dangerous The warrants are issued in secret so Simon is a long time activist and thing for us. there is no way to know for sure. The musician and currently the deputy law enables ASIO to change the president of the Pirate Party. He joined Brian’s notes on Simon’s talk contents of people’s computers without the party as a founding member in The Pirate Party originated in Sweden, their knowledge. Most concerning is 2008 to fight the Labor Government’s when the government tried to shut the specification of what are called Internet censorship proposals, and has down Pirate Bay, a file-sharing special intelligence operations. Saying always had a strong desire to protect website. This triggered the formation anything about them can lead to ten civil liberties, and reform copyright of a political party there, and later one years in prison for whistleblowers and and patents legislation. in Australia. journalists — and the list of special He was co-secretary in 2009–10, intelligence operations is itself secret. deputy president 2010–13, president The second round of new intelli- 2013–14 and then back to deputy gence laws applies to people who visit president, working with a strong team certain parts of the world, and the to register the party in January 2013. burden of proof is put on individuals to He has been a strong advocate for prove their innocence. The third round information freedom and government of laws, involving data retention, is transparency, making many freedom- still under consideration; it requires of-information requests and engaging Internet service providers to save with the community on trade agree- metadata for two years. Changes in the ments and treaties. definition of metadata can be changed In June Simon explained online without going to parliament. how, for him, Pirate Party Australia is The retention of metadata opens the about protecting and extending the door to all sorts of abuses. It would principles of a free and just society: allow searches through a person’s liberty, equality and democracy. We The party supports greater transpar- metadata to obtain information to use do this pragmatically, he wrote, with ency in the affairs of governments and against them in court cases or simply thorough research and debate. So, it corporations, to expose crimes and to embarrass them. comes as no surprise that the PP’s abuse. Corruption thrives in secrecy, A questioner asked whether Skype stated platform is based around the hence the value in transparency. is secure. Simon said Skype has better core tenets of freedom of information When attempts were made to shut security than many channels. Compa- and culture, civil and digital liberties, down the WikiLeaks website, the nies usually want to make their privacy and anonymity, government Pirate Party in Australia set up a mirror systems secure, whereas spy agencies transparency and participatory democ- site and said to the Australian govern- want to build in trapdoors so they can racy. ment, “Are you going to shut down a political party’s website?” Before long, collect data. The federal parliament recently passed the National Security Legisla- there were dozens of WikiLeaks mirror tion Amendment Bill (No. 1) 2014 that sites around the world. makes major amendments to the ASIO Two sets of leaks have been espe- Act, giving ASIO — Australian Secu- cially important for the Pirate Party. rity Intelligence Organisation — the The first was the leaks provided by ability to access, modify, copy and Chelsea Manning, including the collat- delete information on computers. It eral murder video, Afghan and Iraq also introduces tough new sentences war logs, and diplomatic cables. The for journalists and whistleblowers who second were the leaks from the US report or disclose sensitive informa- National Security Agency by Edward tion, perhaps about an ASIO intelli- Snowden, revealing the extent of government surveillance of electronic communication worldwide. Snowden’s

26 The Whistle, #81, January 2015 WBA AGM

Whistleblowers Australia Treasurer: Feliks Perera deposit earnings were also down from Secretary: Jeannie Berger $1,199 to $794. Annual General Meeting National Director: Greg McMahon 23 November 2014 North Parramatta, Sydney NSW 5(3) Ordinary committee members (6

positions) 1. Meeting opened at 9.15am Because there were no other nominees, Meeting opened by Cynthia Kardell, the following were declared elected. President Minutes taken by Jeannie Berger Geoff Turner Toni Hoffman 2. Attendees: Cynthia Kardell, Feliks Katrina McLean Perera, Robina Cosser, Geoff Turner, Margaret Love Stacey Higgins, John Murray, Greg Lisa Hamilton McMahon, Jeannie Berger, Karl Stacey Higgins Pelechowski, Ken Smith, Yve De Brit, Brian Martin, Michael Cole, David 6. Public Officer Rowe, Gail Mensinga, Bob Steele, Margaret Banas has agreed to remain Virginia Heaps, Ross Sullivan, Clare the public officer. Cynthia asked the Cash escaping from Kearney, Robert Tierney, David Reid. meeting to acknowledge and thank WBA’s bank account Margaret Banas for her continuing 3. Apologies: Margaret Banas, Katrina support and good work. McLean, Margaret Love, Toni The major expenditure for this year was the subsidy for the 2013 confer- Hoffman, Lisa Hamilton, Lesley 6(2) Cynthia Kardell invited a motion Killen, Jack McGlone, Rosemary ence. The 2013 conference was a that the AGM nominates and author- resounding success, and this subsidy Greaves, Graham Schorer, Allan ises Margaret Banas, the public officer Smith, Ray Hoser, Jane Longhurst, was well spent to benefit the member- to complete and sign the required ship. I trust that in the future years, we John White. submission of Form 12A to the will be able to continue to subsidise Department of Fair Trading on behalf 4. Previous Minutes, AGM 2013 the Annual Conference. of the organisation, together with the At the end of the financial year, Cynthia Kardell referred to copies of lodgement fee, as provided by the the draft minutes, published in the your Association had no outstanding Treasurer. debts and no major debtors or credi- January 2014 edition of The Whistle. Proposed: Stacey Higgins Cynthia invited a motion that the tors. Once again, I want to remind the Seconded: Michael Cole membership how important it is to minutes be accepted as a true and Passed accurate record of the 2013 AGM. increase our membership numbers. I trust all of you will make a special Proposed: Feliks Perera 7. Treasurer’s Report: Feliks Perera Seconded: Robina Cosser effort to recruit at least one more member in the coming financial year. Passed 7(1) Feliks tabled a financial statement I also want to express my sincere for 12-month period ending 30 June 4(1). Business arising (nil) thanks to the membership for their 2014. A motion was put forward to trust, and their constant support of the accept the financial statement. 5. Election of office bearers work undertaken by the association. Moved: Robina Cosser Once again, it is my pleasure to Seconded: Geoff Turner 5(1) Position of president present to you the accounts for the Passed financial year ended to 30 June 2014. Cynthia Kardell, nominee for position of national president, stood down for Feliks’ report ANNUAL ACCOUNTS TO YEAR Brian Martin to act as chair. Because Once again, it is my pleasure to there were no other nominees, Cynthia ENDING 30 JUNE 2014 present to you the accounts for the was declared elected. financial year ending to 30 June 2014. INCOME This year, your association recorded an SUBSCRIPTIONS, $2,600.00 5(2) Other office bearer positions excess of expenditure over income of DONATIONS, $1,090.00 (Cynthia resumed the chair.) $2141.71 in comparison to the previ- INTEREST ON FIXED DEPOSIT, $794.62 The following, being the only nomi- ous year, our income sources were TOTAL INCOME, $4,484.62 nees, were declared elected. reduced. Membership subscriptions EXPENDITURE were down from $3,050 to $2,600, and WHISTLE PRODUCTION COSTS, $1,845.34 Vice President: Brian Martin donations fell from $1,621 to $1,090. WEBSITE FEES, $150.00 Junior Vice President: Robina Cosser Due to low bank rates, our fixed

The Whistle, #71, January 2015 27 RETURN TO BRANCH, NSW $250.00 fashion college the Whitehouse Inquiries are steady too, with more B MARTIN BOOKS, $646.65 Institute of Design. Freya alleged of our committee taking more calls. ANNUAL RETURN FEES, $52.00 Frances got favourable treatment Once again as every year, I encourage SUBSIDY 2013 CONFERENCE, $3,667.84 because she was Abbott’s daughter, all members who assist people to urge PAYPAL FEES, $9.90 which is plausible. The fact that the them to join. TOTAL, $4,994.22 BANK CHARGES, $4.60 elite institute’s chairman, Les Taylor, TOTAL EXPENSES, $6,626.33 is apparently a long time friend of Mr 8.3 Geoff Turner, Communications Abbott and a Liberal Party donor Geoff continues to maintain and EXCESS OF INCOME OVER EXPENDITURE makes it all the more appealing, but update the WBA website. Geoff and FOR THE YEAR, $2,141.71 inference alone was never going to be Cynthia share the incoming inquiries. ------enough to force an investigation into the Institute’s decision. But as it turns 8.4 Brian Martin, Whistle editor and BALANCE SHEET, 30 JUNE 2014 out it was enough to trigger a criminal international matters

prosecution, which decision gives The Whistle is running smoothly. Brian ACCUMULATED FUND BROUGHT FORWARD FROM 2013, $25,804.72 more weight to Freya’s suspicions then encouraged members to submit stories LESS EXCESS OF EXPENDITURE anything else. for publication. OVER INCOME, -($2141.71) But this year was no ordinary year On international matters, Brian PLUS SUNDRY CREDITORS in the sense that Jean Lennane, our mentioned groups including Whistle- DEPOSITS FOR 2014 founder and friend died on 18 Septem- blowers UK and Whistleblower CONFERENCE $165.00 ber in Canberra after a short illness. Network Germany. TOTAL, $23,828.01 Jean hasn’t been active in WBA since about 2006, but her legacy is profound. ASSETS For me it’s Jean’s abiding sense that

FIXED DEPOSIT INVESTMENT $13,000.00 WBA should always be inclusive, BALANCE AT NATIONAL BANK, $9,862.91 never exclusive in gathering support BALANCE IN PAY PAL ACCOUNT for our ideas, which has shaped my $365.10 attitudes and I think who we are. She DEPOSIT 2014 CONFERENCE, $600.00 understood, just as Ed Snowden does TOTAL, $23,828.01 now, that whistleblowers need their supporters, because it’s our supporters, 8. Other Reports along with journalists and activists, who actually hold the powerful to 8.1 Cynthia Kardell, President account. Twenty-one years on, WBA This year has been ordinary in the is a more stable and productive organi- sense that I’ve done about half a dozen zation, because of her insight and interviews on issues around Ed leadership. Snowden’s agenda, the Australian Finally, I’d like to thank our government’s new security laws, committee, particularly Brian Martin, ICAC’s inquiry into Margaret Cunneen Robina Cosser, Feliks Perera and SC and the criminal prosecution of Jeannie Berger who also take inquiries, Freya Newman. because they (with me) are the public I’ve taken on average two to three face of WBA. Then, there are thanks calls a week. Only half of those are Guido Strack of due to Geoff Turner and Stacey Whistleblower Network Germany from the public sector. Many are from Higgins, for our internet presence. people planning to blow the whistle, More widely, this conference and 8.5 Robina Cosser, Schools contact which is good because sometimes you meeting today would not have been Robina discussed her website can persuade the “wannabe” whistle- possible without their help or that of http://www.theteachersareblowingtheir blower to be more patient, to dig more committee members Margaret Love whistles.com/. (Also “Whistleblowing deeply, to protect themselves better and Lisa Hamilton and member Jane women”). and, sometimes, not to take it any Longhurst who stepped into the breech 498,000 pages of my websites have further at all. to help me when I asked for help now been read. Every six days an Freya Newman’s story is a case in earlier this year. average of 63 people spend more than point. She faces a possible gaol one hour looking at my websites (this sentence for accessing restricted 8.2 Jeannie Berger, Secretary includes time they spend following information using a colleague’s login Memberships are steady. This year we links to newspaper articles, etc.). to obtain information about Frances have remained stable. Whilst we may Several teachers’ stories are being Abbott’s secret scholarship in 2011 lose members we gain approximately monitored at the moment. when her father Tony Abbott was the the same. We lost 13 members this opposition leader. Press reports year, but gained 14 new members. We Werribee in Victoria indicate Frances paid only $7546 for • currently have 137 members. A Werribee teacher was given too her $68,182 degree at exclusive private many difficult classes. The department

28 The Whistle, #81, January 2015 was found negligent and the teacher blowers — a teacher and a member of A national newspaper is also inter- was awarded $1.3 million. the admin staff. ested in this story. This is an important case because it A TV news program is currently sets a precedent — now departments • Indooroopilly working on a story about violence in are aware that they can be held liable if I have been following this case for the classroom. Four members of my they neglect the welfare of classroom several years now. The whistleblower website have volunteered to be inter- teachers. was the Workplace Health and Safety viewed. This case also illustrates the diffi- Officer at the school. He reported culties caused by the transfer system. workplace bullying and asbestos • Donation A principal may be capable of making problems at the school. One person whose story I have told has a really good carrot cake but the This case illustrates how risky it is donated $500 to Whistleblowers department sends him parsnips. The to become a WHS officer — you have Australia. parsnips may be perfectly good a responsibility to report WHS issues I was really thrilled by this, not parsnips but they don't work well in a but your reports may be ignored. And because of the money but because it carrot cake. So the only way for the then you become ill with the stress of means that the person felt that having principal to deal with the situation is to trying to get the problems fixed. their story told on my website was a attack the parsnips, smash them to positive experience. smithereens, and then hope that the • Burpengary/Whitfield department will replace the smashed A teacher asked WorkCover to inves- 8.6 Stacey Higgins, WBA Facebook parsnips with carrots. tigate workplace bullying allegations at page administrator Whitfield. WorkCover refused to Stacey discussed the activity on our investigate. page and the increase in followers. We You may conclude that WorkCover have approximately 200 friends. 560 failed the teachers at Whitfield State people looked at our page in 28 days. School. Stacey urged members for more The teacher managed to get a feedback on the page. Stacey also transfer to Burpengary — a school encourages the committee and all with a long history of substantiated members to send any material that she smashed parsnips. can put up on our page. Six months later he suicided. Don’t use these in a carrot cake The coroner's inquest was well run 8.7 Greg McMahon, National but limited. Director QUEENSLAND CASES I was particularly concerned with Greg discussed matters occurring in the many hours of evidence from a Queensland. A key event during the • Runaway Bay Sports Centre psychologist who had never met the year was the appointment as Chief The former Queensland Director- teacher and who based her evidence on Justice of Chief Magistrate Carmody, General of Education is in court, the reports written by the parsnip- who had been implicated in the Heiner accused of nepotism. It is alleged that smashing principal. affair. In addition, former state premier she organised jobs at the Runaway I was also concerned about the way Wayne Goss, who had been the subject Sports Centre for her son and a close that medication is being used to deal of the disclosures by Kevin Lindeberg family friend. She faces jail if found with systemic problems, and about the and Col Dillon, died and thus escaped guilty. side effects of that medication. further scrutiny. Greg also discussed This case is interesting because the supporting a Royal Commission into whistleblower was (apparently) a • Kuranda abuse in the military and a further member of the staff of the college — An outstanding teacher seems to have inquiry into the 2011 Brisbane flood. so a person at the bottom of the food been driven into ill health and out of Developments: Royal Commission chain has managed to blow the whistle work. The community are protesting. into Child Abuse, union corruption and effectively on a Queensland Director The department is not responding. continuing campaign of disclosures General. This is really unusual and about the Griffith University research may indicate that the Queensland • Media into whistleblowing. Crime and Misconduct Commission A reporter from a national newspaper (now called the Crime and Corruption contacted me while I was in Spain and 8.8. Agenda items and motions Commission) is working effectively at I was able to put him in contact with (previously notified) last. twelve members of my website who None put forward. were willing to be interviewed. The • Djarragun article was published in July. 9(1) 2015 AGM: Sydney After one year in jail the principal I contacted a TV station about the pleaded guilty to making false claims Kuranda teacher and they had a 10. AGM closed 12:50pm for three million dollars in funding for reporter and film crew in Kuranda the the school. There were two whistle- next day. The story was on the local news that evening.

The Whistle, #81, January 2015 29 Media watch

Hundreds of Japanese will be enforced irrespective of New info-sharing tool set circumstances under which the protest “unclear” transgression happened. And although to beat Japan’s anti- whistleblower law there are concerns that the people’s whistleblower law RT News, 10 December 2014 right to know will be affected, Deputy RT News, 19 December 2014 Chief Cabinet Secretary Hiroshige Seko moved to dissipate them. A JAPANESE activist and academic has “By applying the law practically created a website to facilitate the and properly, explaining carefully how secure leaking of sensitive information it is being applied, and reporting to to media by civil servants, challenging parliament and making public how it is Japan’s controversial new state secrets being enforced, the government plans law. to show clearly that the people’s right The website, set up by Surugadai to know will not be infringed on.” University economics professor Placard with an image of Japan’s But the public maintains that Prime Masayuki Hatta, enables government Prime Minister Shinzo Abe at the rally Minister Shinzo Abe’s government workers to share documents with the against the state-secrets law, Tokyo, 9 fails to explain fully the ins and outs of media. The tool allows journalists to December 2014 (Reuters/Yuya Shino ) how the law actually functions. The retrieve transferred information using a

people don’t know what is deemed a secure digital access key, operated by DEMONSTRATORS flooded Tokyo’s secret and what isn’t, let alone what Tor, a popular free anonymity enabling streets over a just-activated secrecy precautions they must take to avoid software, Hatta says. law set to threaten the disclosure of being charged, for example erasing The site, unveiled Friday, uses an government wrongdoings, as well as online posts or other measures. open source platform developed by limit press freedom. The government “It seems to allow Abe to do virtu- Europe-based Hermes Center for hopes the added safeguards will lead to ally anything by saying ‘it’s for the Transparency and Digital Human intelligence-sharing with the US. good of the country’ without anybody Rights. Starting Wednesday, anyone leak- knowing what they are actually doing,” “I want to create a secure channel ing state secrets can get 10 years in Hisako Ueno, 60, told journalists. that people can use to transfer infor- prison. Anyone who becomes an Similar concerns were raised by the mation without putting themselves in accessory to the crime — such as a Japan Newspaper Publishers and Edi- jeopardy,” the professor was quoted as journalist — can get five. According to tors Association in a letter to Justice saying by Reuters. the Kyodo news agency, a total of Minister Yoko Kamiwaka. “I’m not entirely against the protec- 460,000 documents are to immediately “It cannot be said that all our tion of sensitive information, but I also gain classification under the law. concerns have been alleviated,” it read. believe the new law has many This fact led to hundreds of people problems.” with banners and tambourines filling After a year of protests, the the capital’s streets very early contested state secrets law went into Wednesday, prior to the year-old law effect last week. Under the new coming into effect — the exact same regulation, whistleblowers could face picture seen in November 2013, when up to 10 years in jail, while journalists they tried to prevent the document and others who encourage secrets leaks from being ratified. could be imprisoned for up to five “This terrible law must be revoked, years. However, Hatta does not think but at least if we keep on protesting the Placard at the 9 December rally that merely providing a tool for government won’t be able to do whistleblowing is punishable under the whatever it wants,” Yumi Nakagomi, Disappointment with Abe’s handling law. 59, told Reuters. “If we give up on this of the situation is not new. A year ago The law has come under fire from Japan will end up just like Russia or in November, more than 10,000 took critics who worry it will muzzle China, or North Korea.” to the capital’s streets to kill the bill journalism and see it as part of a larger “This law will restrict the people’s before it ever had a chance. They say crackdown on dissent. Critics fear that right to know,” Tomoki Hiyama, one their concerns remain largely unad- officials may use the law’s vague of approximately 800 people gathered dressed. language to conceal information from in front of the parliament said late “The definition of what will be the public. Tuesday. “It’s full of ambiguity and designated as secret is not clear, and Reporters Without Borders has will take us back to the ‘public peace bureaucrats will make secrets ex- decried the law as “an unprecedented and order’ controls of World War II.” tremely arbitrarily,” TV journalist threat to freedom of information.” Yukiko Miki with NGO Clearinghouse Soichiro Tahara told Japan Daily Japan explained to Reuters that the law Press in 2013.

30 The Whistle, #81, January 2015 and even dismissal — not to mention If we want more whistleblowers in complete inaction from the regulator. the private sector, we must treat them And there’s no compensatory nest better. egg at the end of the ordeal. ASIC says it is already doing this, For evidence, look no further than spurred on by last year’s damning the testimony given by the Securency Senate committee report into its whistleblower in 2012 [Brian Hood: performance. see The Whistle, January 2014]. He Medcraft says the agency now has was victimised and forced from his dedicated whistleblower liaison offi- Prime Minister Shinzo Abe de- job, his warnings ignored. Or the story cers, and ASIC has also committed to a fended the law, citing a growing need of Jeff Morris, who blew the whistle devoted Office of the Whistleblower, a to safely share intelligence with the US on the CBA financial planning scandal recommendation of the Senate report. in light of the encroaching regional only to wait 16 months for the It’s a start, but nowhere near enough. threat from China’s military buildup Australian Securities and Investments No one is suggesting $30 million and uncertainty surrounding North Commission to act [see p. 20 in this rewards — but surely no one should Korea’s nuclear program. issue]. end up dramatically worse off as a Abe has said that the law will only Whistleblower protections for pub- result of exposing wrongdoing. apply to leaks threatening national lic servants were strengthened last A thorough review and reform of security and will not jeopardize media year. Private sector workers, however, our corporate whistleblower laws is freedom. are “protected” by much less rigorous required. And Morris, for one, believes “If the law prevents films from laws that a host of groups and experts, that “a total clean-out of the current being made, or weakens freedom of and ASIC itself, say need reforming. regime at ASIC” is needed before any the press, I’ll resign,” Abe said. The issue has become urgent in whistleblower should place their trust light of the budget cuts inflicted on in it. ASIC. Little has been said, either from Whistleblower rewards Two years ago, the International ASIC or the government, about Monetary Fund warned about ASIC’s another recommendation of the Senate make sense funding levels; to bluntly paraphrase, it report: that options for reward-based Ruth Williams said ASIC was struggling to do its job incentives for whistleblowers be con- The Age, 19 November 2014, p. 50 with the resources that it was being sidered. The government’s response to given. the committee barely acknowledged SOMEONE somewhere in the world is Even ASIC itself has admitted that the idea. currently enjoying the considerable the imminent cuts, of $120 million Yet it was echoed last month by Ian spoils of being a corporate whistle- over four years, will impede its opera- Hanger, QC, in his report of the pink blower for the United States of tions, especially in surveillance. That batts royal commission. He called for America. the cuts were announced so soon after the Law Reform Commission to Last month, the US Securities and a series of scandals in the financial examine the merits of False Claims Exchange Commission paid out its advice sector makes them even more Act-type laws in Australia, to combat biggest reward to date to a whistle- incomprehensible. fraud against the state. blower — a person, living abroad, who One consequence, according to One issue, raised by Medcraft, is helped it uncover a particularly hard- ASIC chairman Greg Medcraft, is that that the penalties in place in Australia to-detect fraud. The payout? $US30 ASIC will need to rely more on whis- for some white-collar crimes, com- million. tleblowers. pared to the US, are relatively small. It was just the latest such “bounty” Fair enough. As the SEC has Any whistleblower reward would paid by a US regulator. Hundreds of demonstrated, whistleblowers can be therefore be correspondingly smaller. people in the US and overseas have powerful sources of information. Usu- The solution, as Morris sees it, is to been awarded big money after helping ally, certainly in this reporter’s introduce a “much stiffer” penalty US government agencies detect experience, they are motivated by a regime for corporate crime, with wrongdoing — most famously through strong sense of right and wrong, and compensation to be paid for whistle- the Lincoln-era False Claims Act, mounting frustration that those break- blowers out of the money recouped which tackles fraud against the state. ing the rules and hurting other people from the guilty company. Depending on the agency involved are getting away with it. Let’s consider a pragmatic solution and the type of crime uncovered, But right now, in Australia, we ask to our whistleblower problem. It’s time whistleblowers receive up to 30 per far too much of them. We ask them to to look not just at protecting whistle- cent of money recouped for US risk their livelihoods and their careers. blowers but also at compensating taxpayers, through penalties and legal We ask them to endure stress and them. And even, perhaps, at rewarding settlements. It is the sort of treatment uncertainty. We ask them to pay a them. that corporate whistleblowers in potentially huge personal and financial Australia can only dream about. In cost for the greater good. notable Australian cases, whistle- blowing has been greeted with hostility

The Whistle, #81, January 2015 31 Whistleblowers Australia contacts This issue of The Whistle

Postal address PO Box U129, Wollongong NSW 2500 This is the longest issue of The Whistle yet published. It Website http://www.whistleblowers.org.au/ begins with a special section in memory of Jean Lennane, a New South Wales key figure in the history of Whistleblowers Australia. She “Caring & sharing” meetings We listen to your story, played such a crucial role that it is reasonable to say that, provide feedback and possibly guidance for your next few without her, the group might never have survived, much steps. Held by arrangement at 7.00pm on the 2nd and 4th less thrived. Tuesday nights of each month, Presbyterian Church Following a film review by Kim Sawyer on page 12 is an (Crypt), 7-A Campbell Street, Balmain 2041. Ring article by me about leaking. This is a work in progress: I beforehand to arrange a meeting. welcome your comments. If you know people who might be Contact Cynthia Kardell, phone 02 9484 6895, potential leakers, or who support leaking, you can send [email protected] them a copy. Download it from http://www.bmartin.cc/dissent/documents/rr/leaking.pdf Wollongong contact Brian Martin, phone 02 4221 3763. Next, starting on page 19, is a report on the annual Website http://www.bmartin.cc/dissent/ Whistleblowers Australia conference, held in November last

Queensland contacts Feliks Perera, phone 07 5448 8218, year. There were many stimulating talks, with summaries [email protected]; Greg McMahon, phone 07 provided here. These give a flavour of the formal part of the 3378 7232, [email protected] conference. Those who attended will know that some of the most fruitful discussions occurred during tea breaks and Tasmania Whistleblowers Tasmania contact, Isla meal times. MacGregor, phone 03 6239 1054, [email protected] Following the conference report are the draft minutes of

Schools and teachers contact Robina Cosser, the annual general meeting, held the following day. What [email protected] you read here is a record of the formal business, but in many ways the AGM is a continuation of the conference, Whistle with reports and lengthy discussions involving both Editor: Brian Martin, [email protected] experienced and new members. Phones 02 4221 3763, 02 4228 7860 Then, on pages 30–31, is “media watch,” with just a few Address: PO Box U129, Wollongong NSW 2500 articles. Every week, far more news reports and articles Associate editor: Don Eldridge about whistleblowing are published than can be reproduced Thanks to Lisa Hamilton and Cynthia Kardell for here. If you’re interested, set up a Google Alert for proofreading. “whistleblowing” and you’ll get a sense of what’s in the news.

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]

32 The Whistle, #81, January 2015