CHAPTER 1


CHAPTER 1

INTRODUCTION

1.1        On 21 March 2013, the Public Interest Disclosure Bill 2013 (Bill) was introduced by the Minister for the Public Service and Integrity and the
Attorney-General (Minister), the Hon Mark Dreyfus QC MP.[1] On the same day, the Senate referred the provisions of the Bill to the Senate Legal and Constitutional Affairs Legislation Committee (committee) for inquiry and report by 25 June 2013.[2] To assist the parliament's timely consideration of the Bill, the committee decided to present its report on 13 June 2013.

Purpose of the Bill

1.2        The Bill seeks to establish a legislative scheme to investigate allegations of wrongdoing in the Commonwealth public sector, and provide robust protections for current and former public officials who make qualifying public interest disclosures under the scheme. The Commonwealth Ombudsman and the Inspector-General of Intelligence and Security (IGIS) will have oversight functions for the scheme, and the Ombudsman and the IGIS will also be responsible for assisting agencies and public officials in relation to the scheme's operation.[3]

1.3        The Bill would largely implement the Australian Government's 2010 response to the 2009 report of the House of Representatives Standing Committee on Legal and Constitutional Affairs, Whistleblower protection: a comprehensive scheme for the Commonwealth public sector.[4]

1.4        In his Second Reading Speech, the Minister described the three main aspects of the Bill's framework:

The first is to encourage and facilitate all Commonwealth public officials to report suspected wrongdoing. The second is to make sure that reports of suspected wrongdoing are properly handled by agencies and in a reasonable time frame. The third is that [the] bill protects public officials who report suspected wrongdoing from adverse consequences as a result of reporting their concerns.[5]

1.5        The Minister also explained:

The Bill will encourage a pro-disclosure culture by facilitating disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector. In doing so, it will promote the integrity and accountability of the Australian government public sector. It builds on practices established in the Australian Public Service for more than a dozen years but which have not been applied elsewhere in the Commonwealth public sector.[6]

Structure and key aspects of the Bill

1.6        The Bill has a complex structure, and contains a series of lengthy and complicated definitions and tables. It contains five parts, as follows:

  • Part 1 sets out preliminary matters, including commencement information, an objects clause, an overview of the legislation, and relevant definitions;
  • Part 2 provides for the various protections for 'public officials'[7] who make public interest disclosures, including immunity from civil, criminal and administrative liability (including disciplinary action) for making the disclosure, and civil remedies for reprisals taken against disclosers. Part 2 also defines the four categories of public interest disclosures:
    • 'internal disclosures';
    • 'external disclosures';
    • 'emergency disclosures'; and
    • 'legal practitioner disclosures';
  • Part 3 provides for the allocation of the handling of disclosures to agencies and the investigation of disclosures by the principal officers of relevant allocated agencies (however, investigative agencies may instead use their separate investigative powers);
  • Part 4 provides for various administrative matters, including additional obligations and functions for officers and agencies involved in public interest disclosure investigations. It also contains offence provisions to protect information obtained through processes connected with the legislation, and contains further definitions of key concepts relating to officials and agencies; and
  • Part 5 deals with miscellaneous matters, including the Ombudsman's annual reporting requirements, delegations of powers within agencies, the determination of standards relating to handling disclosures and the conduct of investigations, and the preservation of parliamentary privilege.

Conduct of the inquiry

1.7        The committee advertised the inquiry in The Australian on 27 March 2013. Details of the inquiry, including links to the Bill and associated documents, were placed on the committee's website at www.aph.gov.au/senate_legalcon. The committee also wrote to over 80 organisations and individuals, inviting submissions by 26 April 2013. Submissions continued to be accepted after that date.

1.8        The committee received 28 submissions, which are listed at Appendix 1. All public submissions were published on the committee's website.

1.9        The committee held a public hearing on 24 May 2013 at Parliament House in Canberra. A list of witnesses who appeared at the hearing is at Appendix 2, and the Hansard transcript is available through the committee's website.

Acknowledgement

1.10      The committee thanks those organisations and individuals who made submissions and gave evidence at the public hearing.

Note on references

1.11      References to the committee Hansard are to the proof Hansard. Page numbers may vary between the proof and the official Hansard transcript.

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