New laws promise strong protection for whistleblowers

20/3/02
People who blow the whistle on illegal or improper behaviour in government will be fully protected from reprisals under tough new whistleblower laws introduced to State Parliament today.
Attorney General Jim McGinty said it would be a criminal offence - with penalties of up to $24,000 or two years' jail - for a person to take detrimental action against a whistleblower because he/she had made or intended to make a public interest disclosure.
Mr McGinty said whistleblowers would be protected from civil or criminal liability and could not be disciplined, dismissed or have their services dispensed with as a result of their actions.
They would also not be liable for any breach of secrecy or confidentiality provisions that might otherwise relate to their employment.
In return, whistleblowers must report allegations through the proper channels to ensure they can be investigated, and co-operate fully with any subsequent investigation. They must also believe on reasonable grounds that the information they provide is true.
"This is comprehensive legislation designed to encourage the exposure of any improper or illegal behaviour, but it also includes safeguards to ensure people are not unfairly targeted by unfounded or malicious allegations," Mr McGinty said.
The Attorney General said whistleblowers would have a clear process for reporting their concerns, either to the agency with responsibility for the matter or to an independent agency such as the Ombudsman, Commissioner for Public Sector Standards, Auditor General, Police or Anti-Corruption Commission.
"This will ensure the public authority that is best placed to address the subject of the allegations is made aware of the matter and able to investigate, but also allows some flexibility for the whistleblower," he said.
"If a whistleblower is concerned an allegation is not being investigated or not being investigated properly, he or she can also take the matter to the Commissioner for Public Sector Standards or the Ombudsman for review."
Mr McGinty said there would be full accountability under the legislation.
Agencies would have to provide information on all disclosures to the Commissioner for Public Sector Standards, who would report annually to Parliament, and must also notify the whistleblower within three months to advise them of the action they were taking.
Mr McGinty said the introduction of laws to protect whistleblowers was a major election commitment of the Gallop Government.
"It was also a key recommendation of the 1992 Royal Commission into Commercial Activities of Government and the 1995 Commission on Government, and it is inexcusable the previous Government failed totally to address such a fundamental issue," he said.
"South Australia, NSW, QLD, the ACT and Victoria all have public interest disclosure laws - yet in WA there is no comprehensive legislation enabling whistleblowers to make allegations of wrongdoing without fear of reprisal.
"Protecting whistleblowers who have the courage to stand up against wrongdoers is essential if we are to root out public maladministration and corruption, and ensure openness and accountability in government."
The new laws would cover both State and local government activities. They would also apply to activities by businesses supplying goods or services to the Government.
Minister's office: 9220 5000