House of Representatives Committees

| House of Representatives Standing Committee on Legal and Constitutional Affairs

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Whistleblower protection: a comprehensive scheme for the Commonwealth public sector

25 February 2009

View the report as a single document - (PDF 1281KB)

View the report as separate downloadable parts:


Preliminary Pages	(PDF 132KB)
Foreword Membership of the Committee Committee Secretariat Terms of reference List of abbreviations List of recommendations

Chapter 1 Introduction	(PDF 140KB)
Referral of the inquiry Current whistleblower protection laws Whistleblowing under current law Problems with the current arrangements Legislation in other jurisdictions The movement towards Commonwealth legislation The approach of the Committee

Chapter 2 Principles and definitions	(PDF 212KB)
Introduction The purpose of public interest disclosure legislation Key guiding principles Who is a whistleblower? Use of the term whistleblower Public interest View of the Committee

Chapter 3 Categories of people who could make protected disclosures	(PDF 279KB)
Introduction Members of the public Public sector insiders Current and former public servants Contractors and consultants Parliamentary staff Volunteers Persons overseas Other organisations and individuals View of the Committee

Chapter 4 The types of disclosures that should be protected	(PDF 162KB)
Introduction Possible categories of disclosable conduct The motive for making a disclosure Disagreement with government policies Disclosure of confidential government information Grievances and staffing matters View of the Committee

Chapter 5 Conditions that should apply to a person making a disclosure	(PDF 211KB)
Introduction Threshold of seriousness Other qualifications for protection Frivolous and vexatious disclosures Penalties and sanctions False allegations Sections 70 and 79 of the Crimes Act 1914 Rewards View of the Committee

Chapter 6 Scope of statutory protection	(PDF 175KB)
Introduction Statutory protection in current legislation Statutory protection in the states and territories Scope of protection for the Australian Government public sector Protection against adverse action Existing remedies Period of transition in legislation Proposals to the Committee on workplace protective measures Compensation for detriment Immunity from criminal and civil liability View of the Committee

Chapter 7 Procedures in relation to protected disclosures	(PDF 322KB)
Introduction Pathways for protected disclosures Obligations on agencies Obligation to act on disclosures Obligation of confidentiality and privacy Confidentiality of information Confidentiality of identity and right to privacy Confidentiality in conducting inquiries Procedural fairness Obligation to provide protection Separating disclosures from personal grievances and management issues Responsibilities of integrity agencies Procedures for security related disclosures Finalisation View of the Committee

Chapter 8 Disclosures to third parties	(PDF 216KB)
Introduction Disclosures to the media The role of the media Risks associated with unconditional disclosure to the media Possible qualifications for protecting disclosures to the media Disclosures to other third parties Disclosures to Members of Parliament Disclosures to trade unions View of the Committee

Chapter 9 Other matters raised during the inquiry	(PDF 186KB)
Introduction Disclosures concerning the private sector The need to change workplace culture Suggestions for improving workplace culture The role of support services Relationships with existing laws View of the Committee Conclusions

Appendix A: List of submissions	(PDF 44KB)

Appendix B: List of witnesses	(PDF 67KB)

Appendix C: Exhibits	(PDF 57KB)

Appendix D: The Fair Work Bill 2008	(PDF 91KB)

Appendix E: Relationships with existing Commonwealth legislation	(PDF 73KB)