Chapter 1 - Introduction
[1]
ASIC Act 2001, s. 243.
[2]
Journals of the Senate, No. 22, 30 November 2016, p. 714.
[3]
Journals of the Senate, No. 43, 14 June 2017, p. 1410, No. 53, 15
August 2017, p. 1709.
Chapter 2 - Background
[1]
Ms Serene Lillywhite, Chief Executive Officer, Transparency
International, Committee Hansard, 27 April 2017, p. 2.
[2]
Mr Jordan Thomas, Submission 70, p. 2.
[3]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 28 April 2017, p. 23.
[4]
Dr Simon Longstaff AO, Executive Director, The Ethics Centre, Committee
Hansard, 27 April 2017, p. 7.
[5]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, p. 66.
[6]
Mr Phil Ware, Member, Association of Corporate Counsel Australia, Committee
Hansard, 27 April 2017, p. 32.
[7]
Mr Joshua Bornstein, Director/Principal, Maurice Blackburn Lawyers, Committee
Hansard, 27 April 2017, p. 42.
[8]
Mr Jordan Thomas, Answers to questions on notice, 28 April
2017 (received 16 May 2017).
[9]
Mr Jordan Thomas, Answers to questions on notice, 28 April
2017 (received 16 May 2017).
[10]
Ms Julia Angrisano, National Secretary, Finance Sector Union of Australia,
Committee Hansard, 28 April 2017, p. 9.
[11]
Ms Julia Angrisano, National Secretary, Finance Sector Union of Australia,
Committee Hansard, 28 April 2017, p. 12.
[12]
Australian Federal Police, Answers to questions on notice, 28
April 2017 (received 19 May 2017).
[13]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 25.
[14]
Mr Robert Wyld, Immediate Past Co-Chair, International Bar Association
Anti-Corruption Committee, Committee Hansard, 28 April 2017,
p. 14.
[15]
Mr Robert Wyld, Immediate Past Co-Chair, International Bar Association
Anti-Corruption Committee, Committee Hansard, 28 April 2017,
p. 14.
[16]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 15.
[17]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 28.
[18]
Senate Economics Reference Committee, Corporate whistleblowing in
Australia: ending corporate Australia's cultures of silence, Issues
Paper, April 2016, p. 2.
[19]
Commonwealth Ombudsman, Agency Guide to the Public Interest Disclosure
Act 2013, April 2016, p. 2.
[20]
Treasury, Review of tax and corporate whistleblower protections in
Australia, 20 December 2016, p. 7.
[21]
FWRO Act, Part 4A.
[22]
Treasury, Review of tax and corporate whistleblower protections in Australia,
20 December 2016, p. 4.
[23]
Treasury, Review of tax and corporate whistleblower protections in
Australia, 20 December 2016, p. 5.
[24]
Parliamentary Library, Whistleblowing in Australia – transparency,
accountability ... but above all, the truth, Research Note, February
1995, p. 1.
[25]
Review of Commonwealth Criminal Law – Final Report, Sir Harry Gibbs
(Chairman), December 1991, pp. 335–355.
[26]
Senate Standing Committee on Finance and Public Administration, Review
of the Office of the Commonwealth Ombudsman, December 1991, pp. 67–68.
[27]
Senate Standing Committee on Finance and Public Administration, Review
of the Office of the Commonwealth Ombudsman, December 1991, p. 69.
[28]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. xiii–xxv.
[29]
Parliamentary Library, Whistleblowing in Australia – transparency,
accountability ... but above all, the truth, Research Note, February 1995, p.
1.
[30]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, p. 6.
[31]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, p. xxii.
[32]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, pp. 14–28.
[33]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the
Commonwealth public sector, February 2009, pp. xix–xxv.
[34]
House of Representatives, Votes and proceedings, No. 160, 21
March 2013, p. 2198.
[35]
Parliamentary Library, Bill Digest, No. 125, 3 June 2013,
pp. 3–6.
[36]
House of Representatives Standing Committee on Social Policy and Legal
Affairs, Advisory Report, Public Interest Disclosure (Whistleblower Protection)
Bill 2012, Public Interest Disclosure (Whistleblower Protection)
(Consequential Amendments ) Bill 2012, Public Interest Disclosure Bill
2013, May 2013, p. xi.
[37]
Senate Legal and Constitutional Affairs Legislation Committee, Public
Interest Disclosure Bill 2013 [Provisions], June 2013, p. vii.
[38]
Senate Economics References Committee, Performance of the Australian
Securities and Investments Commission, June 2014, pp. 224–225.
[39]
Senate Economics References Committee, Corporate whistleblowing in Australia:
ending corporate Australia's cultures of silence, issues paper,
April 2016.
[40]
Treasury, Review of tax and corporate whistleblower protections in
Australia, 20 December 2016, p. 15.
[41]
Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, pp. 7–8.
[42]
Australian Government, Australia's First Open Government National
Action Plan 2016–18, December 2016, p. 14.
[43]
Australian Government, Australia's First Open Government National
Action Plan 2016–18, December 2016, p. 14.
[44]
Australian Government, Australia's First Open Government National
Action Plan 2016–18, December 2016, pp. 16–17.
[45]
Treasury, Review of tax and corporate whistleblower protections in
Australia, 20 December 2016, p. vii.
[46]
G20, Study on Whistleblower Protection Frameworks, Compendium of Best
Practices and Guiding Principles for Legislation, November 2011, pp.
4–5.
[47]
The Group of Twenty (G20) is an international forum for the governments
and central bank governors from 20 major economies.
[48]
G20, Study on Whistleblower Protection Frameworks, Compendium of Best
Practices and Guiding Principles for Legislation, November 2011, p.
1.
[49]
G20, Study on Whistleblower Protection Frameworks, Compendium of Best
Practices and Guiding Principles for Legislation, November 2011, pp.
1, 4.
[50]
G20, Study on Whistleblower Protection Frameworks, Compendium of Best
Practices and Guiding Principles for Legislation, November 2011, pp.
7–14.
[51]
G20 Leaders' Communique, Brisbane Summit, 15–16 November 2014, pp. 2–3;
G20, 2015–16 G20 Anti-Corruption Implementation Plan, pp. 4–5.
[52]
G20, 2015–16 G20 Anti-Corruption Implementation Plan, p. 4.
[53]
G20, 2017–18 G20 Anti-Corruption Action Plan, p. 2.
[54]
Simon Wolfe, Mark Worth, Suelette Dreyfus and A J Brown, Whistleblower Protection
Laws in G20 Countries: Priorities for Action, September 2014, pp.
24–25.
[55]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, p. i.
[56]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, p. iv.
[57]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, pp. 6, 13–18.
[58]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, p. 14.
[59]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, p. 14.
[60]
A J Brown and Sandra A Lawrence, Strength of Organisational
Whistleblowing processes – analysis from Australia, May 2017, pp.
14–15.
Chapter 3 - Consistency across sectors
[1]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017).
[2]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017).
[3]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017).
[4]
See, for example, DLA Piper, Answers to questions on notice, 27
April 2017 (received 18 May 2017); Australian Institute of Company
Directors, Submission 53, pp. 4–5; Ms Rebecca Maslen-Stannage,
Chair, Corporations Committee, Business Law Section, Law Council of Australia, Committee
Hansard, 28 April 2017, p. 17; Mr Marcus Bezzi, Executive
General Manager Competition Enforcement, Australian Australian Competition and
Consumer Commission, Committee Hansard, 27 April 2017, p. 60.
[5]
Australian Institute of Company Directors, Submission 53, p. 4.
[6]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 17.
[7]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017).
[8]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017); Simon Wolfe, Mark Worth, Suelette Dreyfus,
and A J Brown, Breaking the Silence: Strengths and Weaknesses in G20
whistleblower protection laws, September 2015, pp. 7, 26–28.
[9]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 15.
[10]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Competition and Consumer Commission, Committee Hansard, 27 April
2017, p. 60.
[11]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, pp. 60–61.
[12]
Australian Government, Australia's First Open Government National
Action Plan 2016–18, December 2016, p. 14.
[13]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Competition and Consumer Commission, Committee Hansard, 27 April 2017,
p. 60.
[14]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27 April 2017,
p. 69.
[15]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 20.
[16]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, pp. 20–21.
[17]
Dr Vivienne Brand, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 55.
[18]
Dr Vivienne Brand and Dr Sulette Lombard, Answers to questions on
notice, 27 April 2017 (received 18 May 2017).
[19]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (Received 15 June 2017).
[20]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company Directors,
Committee Hansard, 28 April 2017, p. 27; Ms Louise Petschler, General
Manager, Advocacy, AICD, Committee Hansard, 28 April 2017, p. 28.
[21]
DLA Piper, Answers to questions on notice, 27 April 2017
(received 18 May 2017).
[22]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 24.
[23]
Simon Wolfe, Mark Worth, Suelette Dreyfus, and A J Brown, Breaking the
Silence: Strengths and Weaknesses in G20 whistleblower protection laws, October
2015.
[24]
Ms Eva Scheerlinck, Chief Executive Officer, Australian Institute of
Superannuation Trustees, Committee Hansard, 27 April 2017, pp. 22–23.
[25]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 26.
[26]
Ms Serene Lillywhite, Chief Executive Officer, Transparency International,
Committee Hansard, 27 April 2017, p. 3.
[27]
Dr Simon Longstaff AO, Executive Director, The Ethics Centre, Committee
Hansard, 27 April 2017, p. 7.
[28]
International Bar Association Anti-Corruption Committee, Answers to
questions on notice, 11 April 2017 (received 18 May 2017).
[29]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 15.
[30]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 15.
[31]
Mr John Price, Commissioner, Australian Securities and Investments Commission,
Committee Hansard, 27 April 2017, p. 60.
[32]
Ms Serene Lillywhite, Chief Executive Officer, Transparency International,
Committee Hansard, 27 April 2017, pp. 1–2.
[33]
Ms Serene Lillywhite, Chief Executive Officer, Transparency International,
Committee Hansard, 27 April 2017, p. 4.
[34]
Ms Serene Lillywhite, Chief Executive Officer, Transparency International,
Committee Hansard, 27 April 2017, p. 2.
[35]
DLA Piper, Answers to questions on notice, 27 April 2017 (received
18 May 2017).
[36]
Ms Rani John, Partner, DLA Piper Australia, Committee Hansard, 27
April 2017, p. 10.
[37]
Dr Sulette Lombard, Academic, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, pp. 54–55.
[38]
Dr Sulette Lombard, Academic, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 55.
[39]
Dr Vivienne Brand, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 53.
[40]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, p. 4.
[41]
Australian Federal Police, Submission 43, pp. 4–5.
[42]
Australian Federal Police, Submission 43, p. 6.
[43]
Parliamentary Library, Whistleblowing in Australia – transparency,
accountability ... but above all, the truth, Research Note, February 1995,
p. 2.
[44]
Parliamentary Library, Whistleblowing in Australia – transparency,
accountability ... but above all, the truth, Research Note, February 1995,
p. 2.
[45]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, p. xvi.
[46]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. 133–134.
[47]
Dr Vivienne Brand, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 53.
[48]
Law Council of Australia, Answers to questions on notice, 28
April 2017 (received 18 May 2017).
[49]
Law Council of Australia, Answers to questions on notice, 28 April
2017 (received 18 May 2017).
[50]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, p. xxii.
[51]
Office of the Australian Information Commissioner, Australian Privacy
Principles, https://www.oaic.gov.au/privacy-law/privacy-act/australian-privacy-principles,
accessed 24 May 2017).
Chapter 4 - Comparison of whistleblower protections
[1]
Simon Wolfe, Mark Worth, Sulette Dreyfus, A J Brown, Breaking the
Silence: Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, pp. 6–7.
[2]
Simon Wolfe, Mark Worth, Sulette Dreyfus, A J Brown, Breaking the
Silence: Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, pp. 6–7.
Chapter 5 - Definition of disclosable conduct
[1]
Corporations Act, section 1317AA(d).
[2]
FWRO Act, section 6.
[3]
PID Act, section 29.
[4]
Commonwealth Ombudsman, Annual Report 2015–2016, p. 73.
[5]
Commonwealth Ombudsman, Annual Report 2015–2016, p. 75.
[6]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 30.
[7]
Australian Securities and Investments Commission, Annual Report
2015–2016, p. 96; Australian Securities and Investments Commission, Submission
51, p. 12.
[8]
Australian Securities and Investments Commission, Submission 51,
p. 11.
[9]
Commonwealth Ombudsman, Annual Report 2015–2016, p. 78.
[10]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 2.
[11]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 30.
[12]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 30, see for example submissions to the review from the
AFP, APSC, Department of Defence, and Department of Immigration and Border
Protection.
[13]
Commonwealth Ombudsman, Annual Report 2013–2014, p. 73.
[14]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 31.
[15]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 30.
[16]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, pp. 30–32.
[17]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 32.
[18]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, see for example submissions to the review from the Department of
Defence, Department of Immigration and Border Protection.
[19]
PID Act, section 8.
[20]
Commonwealth Ombudsman, Submission 15 to the Moss Review of the Public
Interest Disclosure Act 2013 (Cth), March 2016, p. 13.
[21]
Commonwealth Ombudsman, Submission 15 to the Moss Review of the Public
Interest Disclosure Act 2013 (Cth), March 2016, p. 14.
[22]
Australian Competition and Consumer Commission, Answers to questions on
notice, 27 April 2017, (received 19 May 2017).
[23]
Australian Institute of Company Directors, Submission 53, p.
5.
[24]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 27.
[25]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 24.
[26]
Australian Institute of Company Directors, Submission 53, p.
5.
[27]
Australian Securities and Investments Commission, Submission 51,
p. 18.
[28]
Mr Denis Gentilin, Answers to questions on notice, 28 April 2017
(received 12 May 2017).
[29]
Mr Denis Gentilin, Answers to questions on notice, 28 April 2017
(received 12 May 2017).
[30]
Australian Institute of Superannuation Trustees, Submission 24, p.
12.
[31]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, p. 1.
[32]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June
2017).
[33]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June
2017).
[34]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 28 April 2017, p. 27.
Chapter 6 - Definition of whistleblowers and thresholds for protection
[1]
PID Act.
[2]
FWRO Act.
[3]
Corporations Act.
[4]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, p. 69.
[5]
Mr John Price, Commissioner, Australian Securities and Investments
Commission, Committee Hansard, 27 April 2017, p. 69.
[6]
Ms Rani John, Partner, DLA Piper, Committee Hansard, 27 April
2017, p. 11.
[7]
Mr Trevor Clarke, Director, Industrial and Legal, Australian Council of
Trade Unions, Committee Hansard, 27 April 2017, p. 16.
[8]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 24.
[9]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, p. 67.
[10]
PID Act, FWRO Act, Corporations Act.
[11]
PID Act, FWRO Act, sections 337BD–337BE.
[12]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Consumer and Competition Commission, Committee Hansard, 27 April 2017,
p. 61.
[13]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Consumer and Competition Commission, Committee Hansard, 27 April
2017, p. 61.
[14]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Consumer and Competition Commission, Committee Hansard, 27 April
2017, p. 62.
[15]
PID Act, section 26.
[16]
FWRO Act, subsections 337A(1c) and (3c).
[17]
Corporations Act, subsections 1317AA(1d) and (1e).
[18]
Financial Planning Association of Australia, Submission 57, p.
10; see also FSU, Submission 10, p. 6.
[19]
Clayton Utz, Submission 4, pp. 8–9; DLA Piper, Submission 8,
p. 2; Dr Vivienne Brand and Dr Sulette Lombard, Submission 14, p.
4; International Bar Association Anti-Corruption Committee, Submission 62,
p. 6; Mr Richard Wilkins, Submission 61, p. 4; Australian Lawyers
Alliance, Submission 58, p. 14; Media, Entertain & Arts
Alliance, Submission 55, p. 7; Mr Warren Day, Senior
Executive Leader, Assessment and Intelligence, Australian Securities and
Investments Commission, Committee Hansard, 27 April 2017, p. 68;
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[20]
Clayton Utz, Submission 4, pp. 8–9.
[21]
DLA Piper, Submission 8, p. 7.
[22]
DLA Piper, Submission 8, p. 8.
[23]
Australian Institute of Company Directors, Submission 53, pp.
6–8.
[24]
Senate Economics References Committee, Review of Performance of the
Australia Securities and Investments Commission¸ June 2014, p. 225.
[25]
Australian Lawyers Alliance, Submission 58, p. 14.
[26]
Governance Institute of Australia, Submission 54, p. 8.
[27]
Mr Andrew Fawcett, Senior Executive Leader, Strategic Policy, Australian
Securities and Investments Commission, Committee Hansard, 27 April
2017, p. 68.
[28]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27 April 2017,
p. 68.
[29]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[30]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[31]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[32]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[33]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, p. 21.
[34]
Senate Economics References Committee, Review of Performance of the
Australia Securities and Investments Commission¸ June 2014, pp. 223–225.
Chapter 7 - Anonymity of whistleblowers
[1]
PID Act.
[2]
Fair Work (Registered Organisations) Amendment Bill 2014, Schedule of
amendments made by the Senate, 230H, NXT-DHJP (6) [Sheet 7997].
[3]
Corporations Act.
[4]
Commonwealth Ombudsman, Annual Report 2015–2016, p. 74; Annual
Report 2014–2015, p. 69.
[5]
A J Brown, Neriza Dozo, Peter Roberts, Whistleblowing Processes &
Procedures: An Australian & New Zealand Snapshot, Preliminary Results,
Whistling While They Work 2, Survey of Organisational Processes &
Procedures, November 2016, pp. 1, 13.
[6]
Dr Oliva Dixon, Submission 31, Honesty without fear? Whistleblower
anti-retaliation protections in corporate codes of conduct, Melbourne
University Law Review, 2016, Volume 40, p. 197.
[7]
KPMG, Submission 49, p. 19.
[8]
Clayton Utz, Submission 4, p. 8; FSU, Submission 10,
p. 6; Law Council of Australia, Submission 52, p. 12.
[9]
Clayton Utz, Submission 4, p. 8.
[10]
Law Council of Australia, Submission 52, p. 12.
[11]
Dr Oliva Dixon, Submission 31, Honesty without fear? Whistleblower
anti-retaliation protections in corporate codes of conduct, Melbourne
University Law Review, 2016, Volume 40, p. 196.
[12]
Fund Raising Institute of Australia, Submission 27, p. 4.
[13]
Australian Institute of Superannuation Trustees, Submission 24, pp.
3, 15.
[14]
Clifford Chance, Submission 9, pp. 6–8; Dr Vivienne Brand
and Dr Sulette Lombard, Submission 14, p. 4; Mr Denis Gentilin, Submission
19, p. 10; Deloitte, Submission 37, pp. 1, 4; ACTU, Submission
40, p. 1; Australian Bankers Association, Submission 48, p.
3; KPMG, Submission 49, pp. 3 Australian Council of
Superannuation Investors, Submission 50, p. 2; Australia Institute
of Company Directors, Submission 53, p. 8; Financial Planning
Association of Australia, Submission 57, p. 5; Mr Richard
Wilkins, Submission 61, p. 5; International Bar Association
Anti-Corruption Committee, Submission 62, p. 5.
[15]
Australian Federal Police, Submission 43, p. 9.
[16]
Mr John Price, Commissioner, Australian Securities and Investments Commission,
Committee Hansard, 27 April 2017, p. 59.
[17]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Submission 23,
Attachment 2, p. 4.
[18]
Mr Joshua Bornstein, Director/Principal, Maurice Blackburn Lawyers, Committee
Hansard, 27 April 2017, pp 42–43.
[19]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 25.
[20]
Association of Corporate Counsel Australia, Submission 35, p. 5.
[21]
Deloitte, Submission 37, p. 4.
[22]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, 4 June 2004, p. 24.
[23]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Correspondence
to the committee, 30 May 2017.
[24]
PID Act, section 20.
[25]
PID Act, section 21.
[26]
FWRO Act, Part 4A.
[27]
Corporations Act, section 1317AE.
[28]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, June 2004, p. 25.
[29]
Parliamentary Joint Committee on Corporations and Financial Services, CLERP
9 Bill 2003, June 2004, p. 25.
[30]
Dr Vivienne Brand & Dr Sulette Lombard, Submission 14, p. 2;
Clifford Chance, Submission 9, p. 6; Australian Competition and Consumer
Commission, Submission 12, p. 3; Media, Entertainment & Arts
Alliance, Submission 55, p. 8; Uniting Church in Australia, Submission 56,
pp. 6, 10.
[31]
Queensland Ombudsman, Submission 13, p. 4.
[32]
Australian Bankers' Association, Submission 48, p. 3.
[33]
Australian Competition and Consumer Commission, Submission 12, p.
3.
[34]
KPMG, Submission 49, p. 11.
[35]
Australian Securities and Investments Commission, Submission 51, pp.
5, 20, 21.
[36]
Dr Oliva Dixon, Submission 31, Honesty without fear? Whistleblower
anti-retaliation protections in corporate codes of conduct, Melbourne University
Law Review, 2016, Volume 40, pp. 196–197.
[37]
Dr Oliva Dixon, Submission 31, Honesty without fear? Whistleblower
anti-retaliation protections in corporate codes of conduct, Melbourne University
Law Review, 2016, Volume 40, pp. 196–197.
Chapter 8 - Internal, regulatory, and external reporting channels
[1]
Professor A J Brown, Program Leader, Public Integrity and
Anti-Corruption, Centre for Governance and Public Policy, Griffith University, Answers
to questions on notice, 18 and 24 May 2017 (received 15 June 2017).
[2]
Simon Wolfe, Mark Worth, Sulette Freyfus, A J Brown, Breaking the
Silence, Strengths and Weaknesses in G20 Whistleblower Protection Laws, Final
Report, October 2015, p. 3.
[3]
FWO Act, Part 4A, Division 1, subsection 337A(1b).
[4]
Australian Council of Trade Unions, Submission 40, p. 1.
[5]
KPMG, Submission 49, p. 20.
[6]
Australian Institute of Company Directors, Submission 53, pp.
11–12; Ms Louise Petschler, General Manager, Advocacy, Australian institute of
Company Directors, Committee Hansard, 28 April 2017, p. 23.
[7]
International Bar Association Anti-Corruption Committee, Submission
62, p. 6.
[8]
A J Brown, Nerisa Dozo, Peter Roberts, Whistleblowing Processes &
Procedures, An Australian & New Zealand Snapshot, Preliminary Results:
Whistling While They Work Two, Survey of Organisational Procedures &
Processes 2016, November 2016, p. 11.
[9]
Professor A J Brown, Program Leader, Public Integrity and
Anti-Corruption, Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, p. 3.
[10]
Law Council of Australia, Submission 52, p. 14.
[11]
Law Council of Australia, Submission 52, p. 26.
[12]
Governance Institute of Australia, Submission 54, p. 12.
[13]
Australia Lawyers Alliance, Submissions 58, p. 20.
[14]
The Ethics Centre, Submission 11, p. 5.
[15]
Community and Public Sector Union, Submission 30, p. 2.
[16]
PID Act, section 26.
[17]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, pp. 3–4.
[18]
Young Liberty Victoria, Submission 41, p. 4.
[19]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, pp. 38–39.
Chapter 9 - Members of Parliament
[1]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. 33–34.
[2]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, p. 111.
[3]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. 113–114.
[4]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the
Commonwealth public sector, February 2009, p. xx–xxv.
[5]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the
Commonwealth public sector, February 2009, p. 165.
[6]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the
Commonwealth public sector, February 2009, p. 157.
[7]
House of Representatives, Votes and Proceedings, No. 160, 21
March 2013, p. 2198.
[8]
House of Representatives Standing Committee on Social Policy and Legal
Affairs, Advisory Report, Public Interest Disclosure (Whistleblower
Protection) Bill 2012, Public Interest Disclosure (Whistleblower Protection)
(Consequential Amendments ) Bill 2012, Public Interest Disclosure Bill 2013,
May 2013, p. xi.
[9]
House of Representatives Standing Committee on Social Policy and Legal
Affairs, Advisory Report, Public Interest Disclosure (Whistleblower
Protection) Bill 2012, Public Interest Disclosure (Whistleblower Protection)
(Consequential Amendments ) Bill 2012, Public Interest Disclosure Bill
2013, May 2013, pp. 19–20, 49.
[10]
Senate Standing Committee for the Scrutiny of Bills, Sixth report of
2013, 19 June 2013, pp. 225–230; Alert Digest No. 5 of 2013, pp.
79–81; Alert Digest No. 6 of 2013, pp. 67–68.
[11]
Senate Legal and Constitutional Affairs Legislation Committee, Public
Interest Disclosure Bill 2013 [Provisions], June 2013, pp. 25–26.
[12]
Senate Legal and Constitutional Affairs Legislation Committee, Public
Interest Disclosure Bill 2013 [Provisions], June 2013, pp. 5, 27–28.
[13]
Senate Legal and Constitutional Affairs Legislation Committee, Public
Interest Disclosure Bill 2013 [Provisions], June 2013, p. 28.
[14]
Senate Legal and Constitutional Affairs Legislation Committee, Public
Interest Disclosure Bill 2013 [Provisions], June 2013, pp. 28–30, 35.
[15]
Dr Rosemary Laing, Clerk of the Senate, Submission 1 to the Inquiry
into the Public Interest Disclosure Bill 2013 [Provisions], Senate
Legal and Constitutional Affairs Legislation Committee, June 2013, pp. 5, 7.
[16]
PID Act, p. 78.
[17]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
15 July 2016, p. 62.
[18]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
15 July 2016, p. 62.
[19]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
15 July 2016, p. 63.
[20]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
15 July 2016, p. 63.
[21]
Treasury, consultation paper, Review of tax and corporate whistleblower
protections in Australia, December 2016, pp. 23, 35.
[22]
See for example: Maurice Blackburn Lawyers, Submission 69, p.
5.
[23]
Whistleblowers Australia, Submission 59, p. 4; Mr Richard Wilkins,
Submission 61, p. 4; Mr Howard Whitton, Director, The Ethicos Group, Committee
Hansard, 23 February 2017, p. 14; Mr Joshua Bornstein, Director/Principal,
Maurice Blackburn Lawyers, Committee Hansard, 27 April 2017, p. 45.
[24]
Dr Vivienne Brand, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 53.
[25]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017,
p. 25, 30.
[26]
Governance Institute of Australia, Submission 54, p. 12.
[27]
DLA Piper, Submission 8, pp 4–5.
[28]
Law Council of Australia, Submission 52, pp. 13, 26.
[29]
Dr Rosemary Laing, Clerk of the Senate, Submission 1 to the Inquiry
into the Public Interest Disclosure Bill 2013 [Provisions], Senate Legal
and Constitutional Affairs Legislation Committee, June 2013, pp. 5, 7.
[30]
Mr David Elder, Clerk of the House of Representatives, Submission 75.
See appendix 4 of this report.
[31]
Mr Richard Pye, Clerk of the Senate, Submission 74. See appendix 3
of this report.
Chapter 10 - Protections, remedies and sanctions for reprisals
[1]
Simon Wolfe, Mark Worth, Sulette Dreyfus,
A J Brown, Breaking the Silence: Strengths and Weaknesses in G20
Whistleblower Protection Laws, October 2015, pp. 26–27.
[2]
FWRO Act, sections 337BA–337BE.
[3]
Associate Professor Kath Hall, Deputy Director (Law), Transnational Research
Institute on Corruption, Australian National University, Committee Hansard,
23 February 2017, p. 27.
[4]
Mr Denis Gentilin, Answers to questions on notice, 28 April 2017
(received 12 May 2017).
[5]
Mr Denis Gentilin, Answers to questions on notice, 28 April 2017
(received 12 May 2017).
[6] Ms Serene Lillywhite,
Chief Executive Officer, Transparency International, Committee Hansard,
27 April 2017, p. 2; Transparency International, Answers to questions on
notice, 11 April 2017 (received 17 May 2017).
[7]
Australian Securities and Investments Commission, Submission 51,
pp. 5, 22.
[8]
Australian Securities and Investments Commission, Submission 51,
p. 24.
[9]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27 April 2017,
p. 64.
[10]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, pp. 5–6.
[11]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 26.
[12]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 26.
[13]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 29.
[14]
Mr Dennis Gentilin, private capacity, Committee Hansard, 28 April
2017, p. 1.
[15]
Ms Julia Angrisano, National Secretary, Finance Sector Union of Australia,
Committee Hansard, 28 April 2017, p. 9.
[16]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 28 April 2017, p. 26.
[17]
Mr Howard Whitton, Director, The Ethicos Group, Committee Hansard,
23 February 2017, p. 15.
[18]
Transparency International, Answers to questions on notice, 11 April
2017 (received 17 May 2017).
[19]
Associate Professor Kath Hall, Deputy Director (Law), Transnational
Research Institute on Corruption, Australian National University, Committee
Hansard, 23 February 2017, p. 27.
[20]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June 2017).
[21]
PID Act; FWRO Act.
[22]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 28.
[23]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 28.
[24]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June 2017).
[25]
Transparency International, Answers to questions on notice, 27
April 2017 (received 17 May 2017).
[26]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors Committee Hansard, 28 April 2017, p. 26.
[27]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, p. 64.
[28]
PID Act.
[29]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June 2017).
Chapter 11 - Reward system
[1]
Professor A J Brown, Program Leader, Public Integrity and
Anti-Corruption, Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 31.
[2]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 31.
[3]
Mr Jordan Thomas, Submission 70, pp. 3–4.
[4]
US Securities and Exchange Commission, 2016 Annual Report to Congress
on the Dodd-Frank Whistleblower Program, p. 4.
[5]
US Securities and Exchange Commission, 2016 Annual Report to Congress
on the Dodd-Frank Whistleblower Program, p. 10.
[6]
US Commodity Futures Trading Commission, Whistleblower program, https://www.whistleblower.gov/
(accessed 15 May 2017).
[7]
US Internal Revenue Service, Whistleblower – informant award, https://www.irs.gov/uac/whistleblower-informant-award
(accessed 15 May 2017).
[8]
US Department of Justice, Justice Department Recovers Over $4.7
Billion From False Claims Act Cases in Fiscal Years 2016, https://www.justice.gov/opa/pr/justice-department-recovers-over-47-billion-false-claims-act-cases-fiscal-year-2016
(accessed 15 May 2017).
[9]
Mr Jordan Thomas, Private Capacity, Committee Hansard, 28 April
2017, p. 5.
[10]
Mr Jordan Thomas, Private Capacity, Committee Hansard, 28 April
2017, p. 5.
[11]
UK Department for Business Innovation & Skills, The whistleblowing
framework call for evidence, July 2013, p. 16.
[12]
UK Department for Business Innovation & Skills, Government Response
to The whistleblowing framework call for evidence, June 2014, p. 20.
[13]
UK Financial Conduct Authority and the Prudential Regulation Authority, Financial
incentives for whistleblowers, July 2014, pp. 2, 3.
[14]
UK Financial Conduct Authority and the Prudential Regulation Authority, Financial
incentives for whistleblowers, July 2014, p. 3.
[15]
Ontario Securities Commission, OSC policy 15-601, Whistleblower Program,
July 2016, pp. 1, 11.
[16]
Dr Sulette Lombard, Academic, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 52.
[17]
Simon Wolfe, Mark Worth, Sulette Dreyfus, A J Brown, Breaking the
Silence: Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, p. 54.
[18]
Transparency International, Whistleblowing in Europe Legal Protections
for Whistleblowers in the EU, 2013, p. 55.
[19]
Transparency International, Whistleblowing in Europe Legal Protections
for Whistleblowers in the EU, 2013, p. 59.
[20]
Department for Business Innovation & Skills, The whistleblowing
framework call for evidence, July 2013, p. 16.
[21]
Dr Vivienne Brand, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 52.
[22]
Dr Sulette Lombard, Academic, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 52.
[23]
Mr Jordan Thomas, Private Capacity, Committee Hansard, 28 April
2017, p. 6.
[24]
Mr Jordan Thomas, Answers to questions on notice, 28 April 2017 (received
16 May 2017), pp. 9–10.
[25]
Mr Jordan Thomas, Answers to questions on notice, 28 April 2017 (received
16 May 2017), p. 2.
[26]
Mr Jordan Thomas, Submission 70, p. 3; Mr Joshua Bornstein,
Director/Principal, Maurice Blackburn Lawyers, Committee Hansard, 27 April
2017, pp. 42–43.
[27]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Competition and Consumer Commission, Committee Hansard, 27 April 2017,
p. 71.
[28]
Mr Marcus Bezzi, Executive General Manager Competition Enforcement, Australian
Competition and Consumer Commission, Committee Hansard, 27 April 2017,
p. 65.
[29]
Mr Ian Lawrence, Director, Law Reform and Competition Advocacy, Australian
Competition and Consumer Commission, Committee Hansard, 27 April 2017,
p. 71.
[30]
Mr Joshua Bornstein, Director/Principal, Maurice Blackburn Lawyers, Committee
Hansard, 27 April 2017, p. 43.
[31]
International Bar Association Anti-Corruption Committee, Answers to
questions on notice, 11 April 2017, (received 18 May 2017).
[32]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 31 May 2017, p. 5.
[33]
Ms Serene Lillywhite, Chief Executive Officer, Transparency International
Australia, Committee Hansard, 27 April 2017, p. 6.
[34]
Mr Dennis Gentilin, private capacity, Committee Hansard, 28 April
2017, p. 1.
[35]
Ms Rebecca Maslen-Stannage, Chair, Corporations Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 28 April
2017, p. 19.
[36]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27 April 2017,
p. 67.
[37]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence, Australian
Securities and Investments Commission, Committee Hansard, 27
April 2017, p. 67.
[38]
Australian Securities and Investments Commission, Submission 51,
p. 22.
[39]
Mr Peter Jones, Chief Executive Officer, Institute of Internal Auditors, Committee
Hansard, 27April 2017, p. 33.
[40]
Dr Simon Longstaff AO, Executive Director, The Ethics Centre, Committee
Hansard, 27 April 2017, p. 4.
[41]
Dr Simon Longstaff AO, Executive Director, The Ethics Centre, Committee
Hansard, 27 April 2017, pp. 6, 8.
[42]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 26.
[43]
Mr Trevor Clarke, Director, Industrial and Legal, Australian Council of
Trade Unions, Committee Hansard, 27 April 2017, p. 18.
[44]
Queensland Ombudsman, Submission 13, p. 3.
[45]
Dr Vivienne Brand and Dr Sulette Lombard, Submission
14, p. 3.
[46]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 29.
[47]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 29.
[48]
Mr Dennis Gentilin, private capacity, Committee Hansard, 28
April 2017, p. 7.
[49]
Mr Jordan Thomas, Private Capacity, Committee Hansard, 28 April
2017, p. 5.
[50]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, p. 26.
[51]
Mr Peter Jones, Chief Executive Officer, Institute of Internal Auditors, Committee
Hansard, 27 April 2017, p. 33.
[52]
Mr Tony Rasman, Public Affairs Managers, Institute of Internal Auditors, Committee
Hansard, 27 April 2017, p. 34.
[53]
Clayton Utz, Submission 4, pp. 3–4.
[54]
Mr Joshua Bornstein, Director/Principal, Maurice Blackburn Lawyers, Committee
Hansard, 27 April 2017, p. 45.
[55]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 28 April 2017, p. 28.
[56]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 28.
[57]
Mr Lucas Ryan, Senior Policy Advisor, Australian Institute of Company
Directors, Committee Hansard, 28 April 2017, p. 28.
[58]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 28 April 2017, p. 26.
[59]
Australian Securities and Investments Commission, Submission 51,
p. 25.
[60]
Australian Securities and Investments Commission, Submission 51, p.
25.
[61]
Dr Sulette Lombard, Academic, Flinders Law School, Flinders University, Committee
Hansard, 27 April 2017, p. 52.
[62]
House of Representatives Legal and Constitutional Affairs Committee, Fair
shares for all: Insider trading in Australia, October 1989, p. 45.
[63]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. xiii–xxv, 228.
[64]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the
Commonwealth public sector, February 2009, p. 86.
[65]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 May 2017 (received 15 Jun 2017).
Chapter 12 - Whistleblower Protection Authority
[1]
Senate Select Committee on Public Interest Disclosures, In the Public
Interest, August 1994, pp. xv–xix.
[2]
House of Representatives Standing Committee on Legal and Constitutional
Affairs, Whistleblower protection: a comprehensive scheme for the Commonwealth
public sector, February 2009, p. xxiv.
[3]
PID Act, sections 8, 34, 44, 49, 50A, 52, 58, 62, 73, 76.
[4]
Ombudsman Act 1976, sections 5, 5A.
[5]
Ombudsman Act 1976, subsection 5(1)b.
[6]
FWRO Act, sections 337CB, 329FC.
[7]
Mr John Price, Commissioner, Australian Securities and Investments Commission,
Committee Hansard, 27 April 2017, p. 60.
[8]
Ms Maureen McGrath, Chair, Legislation Review Committee, Governance
Institute of Australia, Committee Hansard, 28 April 2017, p. 25.
[9]
Ms Rani John, Partner, DLA Piper Australia, Committee Hansard,
27 April 2017, pp. 12–13.
[10]
Ms Eva Scheerlinck, Chief Executive Officer, Australian Institute of
Superannuation Trustees, Committee Hansard, 27 April 2017, p. 24.
[11]
International Bar Association Anti-Corruption Committee, Answers to
questions on notice, 11 April 2017, (received 18 May 2017).
[12]
International Bar Association Anti-Corruption Committee, Answers to
questions on notice, 11 April 2017, (received 18 May 2017).
[13]
Dr Vivienne Brand and Dr Sulette Lombard, Answers to questions on
notice, 27 April 2017, (received 18 May 2017).
[14]
Ms Rani John, Partner, DLA Piper Australia, Committee Hansard, 27
April 2017, pp. 10–11.
[15]
Mr Trevor Clarke, Director, Industrial and Legal, Australian Council of
Trade Unions, Committee Hansard, 27 April 2017, p. 16.
[16]
Ms Eva Scheerlinck, Chief Executive Officer, Australian Institute of
Superannuation Trustees, Committee Hansard, 27 April 2017, p. 21.
[17]
Mr Matthew Chesher, Director Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 26.
[18]
Mr Jordan Thomas, Private Capacity, Committee Hansard, 28 April
2017, p. 5.
[19]
Mr Jordan Thomas, Submission 70, Exhibit D, US Securities and
Exchange Commission, 2016 Annual Report to Congress on the Dodd-Frank
Whistleblower Program, p. 2.
[20]
Mr Jordan Thomas, Submission 70, Exhibit D, US Securities and
Exchange Commission, 2016 Annual Report to Congress on the Dodd-Frank
Whistleblower Program, p. 2.
[21]
Ms Julia Angrisano, National Secretary, Finance Sector Union of Australia,
Committee Hansard, 28 April 2017, p. 9.
[22]
Transparency International, Answers to questions on notice, 11 and
27 April 2017 (received 18 May 2017).
[23]
Transparency International, Answers to questions on notice, 11
April 2017 (received 17 May 2017).
[24]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June 2017).
[25]
Professor A J Brown, Program Leader, Public Integrity and Anti-Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 15 June 2017, p. 2.
[26]
Professor A J Brown, Program Leader, Public Integrity and Anti Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June 2017).
[27]
Professor A J Brown, Program Leader, Public Integrity and Anti Corruption,
Centre for Governance and Public Policy, Griffith University, Committee
Hansard, 23 February 2017, pp. 24, 26.
[28]
Mr Howard Whitton, Director, The Ethicos Group, Committee Hansard, 23
February 2017, pp. 9–10.
[29]
Clifford Chance, Submission 9, p. 6.
[30]
Simon Wolfe, Mark Worth, Sulette Freyfus, A J Brown, Breaking the
Silence, Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, p. 67.
[31]
Simon Wolfe, Mark Worth, Sulette Freyfus, A J Brown, Breaking the
Silence, Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, p. 67.
[32]
Office of the Public Sector Integrity Commissioner of Canada, Process
for Handling Reprisals, http://www.psic.gc.ca/eng/reprisal/process-handling-reprisals
(accessed 17 May 2017); Public Servants Disclosure Tribunal Canada, http://www.psdpt-tpfd.gc.ca/Home-eng.html
(accessed 17 May 2017).
[33]
Public Servants Disclosure Tribunal Canada, http://www.psdpt-tpfd.gc.ca/MenuBottom/FAQs-eng.html?zoom_highlight=compensation
(accessed 17 May 2017).
[34]
Clayton Utz, Submission 4, p. 2.
[35]
Law Council of Australia, Submission 52, p. 16.
[36]
Australian Securities and Investments Commission, Submission 51, pp.
5, 24.
[37]
Mr Trevor Clarke, Director, Industrial and Legal, Australian Council of Trade
Unions, Committee Hansard, 27 April 2017, pp 18–19.
[38]
Mr Matthew Chesher, Director, Legal and Policy, Media, Entertainment &
Arts Alliance, Committee Hansard, 27 April 2017, p. 29.
[39]
Queensland Council of Unions, Submission 3, p. 2.
[40]
Professor A J Brown, Program Leader, Public Integrity and Anti Corruption,
Centre for Governance and Public Policy, Griffith University, Answers to
questions on notice, 18 and 24 May 2017 (received 15 June
2017).
[41]
Recommendation 6, Mr Philip Moss AM, Review of the Public Interest
Disclosure Act 2013, July 2016, p. 34.
[42]
FWRO Act, sections 6, 337BE; Corporations Act, Sections 1317AA,
1317AC.
[43]
PID Act, Division 2; FWRO Act, Division 3.
[44]
Mr Warren Day, Senior Executive Leader, Assessment and Intelligence,
Regional Commissioner, Victoria, ASIC, Committee Hansard, 16 June 2017,
p. 60.
[45]
PID Act, Note to section 46.
[46]
Ombudsman Act 1976, subsection 5(2d).
[47]
Commonwealth Ombudsman, Answers to questions on notice, 7
June 2017 (received 22 June 2017).
[48]
Ms Nicola Dakin, Director, Public Interest Disclosure Team, Integrity
Branch, Office of the Commonwealth Ombudsman, Committee Hansard, 28 April
2017, p. 50.
[49]
See Ombudsman Act 1976, section 5(1)b.
[50]
Commonwealth Ombudsman, Answers to questions on notice, 7
June 2017 (received 22 June 2017).
[51]
Commonwealth Ombudsman, Answers to questions on notice, 7
June 2017 (received 22 June 2017).
[52]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 34.
[53]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 57.
[54]
Commonwealth Ombudsman, Submission to the Moss Review of the Public
Interest Disclosure Act 2013 (Cth), March 2016, p. 14.
[55]
Professor A J Brown, Program Leader, Public Integrity &
Anti-Corruption, Centre for Governance & Public Policy, Griffith
University, Committee Hansard, 15 June 2017, p. 4.
[56]
FWRO Act.
[57]
Recommendation 6, Mr Philip Moss AM, Review of the Public Interest
Disclosure Act 2013, July 2016, p. 34.
[58]
PID Act, section 19A; FWRO Act, section 337BF.
[59]
Mr Howard Whitton, Director, Ethicos Group, Committee Hansard, 23
February 2017, pp. 10–11.
[60]
Professor A J Brown, Program Leader, Public Integrity &
Anti-Corruption, Centre for Governance & Public Policy, Griffith
University, Committee Hansard, 31 May 2017, p. 4.
[61]
Professor A J Brown, Program Leader, Public Integrity &
Anti-Corruption, Centre for Governance & Public Policy, Griffith
University, Committee Hansard, 15 June 2017, p. 1.
[62]
PID Act.
[63]
Professor A J Brown, Program Leader, Public Integrity &
Anti-Corruption, Centre for Governance & Public Policy, Griffith
University, Answers to questions on notice, 24 May 2017 (received 30 May
2017).
[64]
Simon Wolfe, Mark Worth, Sulette Dreyfus, A J Brown, Breaking the
Silence: Strengths and Weaknesses in G20 Whistleblower Protection Laws, October
2015, p. 6.
[65]
Mr Philip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 1.
Appendix 4 - Submission from the Clerk of the House of Representatives
[1]
See Attachment A for extracts of relevant provisions of the Act.
[2]
See s.69.
[3]
Also, Ministers exercising statutory powers could be considered to be public
officials and staff employed under the MOPS Act could be considered to be
contracted service providers, and therefore ‘public officials’, within s.69 of
the PID Act.
[4]
See, for example, remarks by then Attorney-General, Hon Mark Dreyfus QC MP,
summing up the second reading debate, HR Deb. (19.6.2013) 6408. See also the
Government Response to the House of Representatives Legal and Constitutional
Affairs Committee report on ‘Whistleblower Protection: a Comprehensive Scheme
for the Commonwealth Public Sector’, p.5, responses to Recommendations 3 and 4.
[5]
See the Attorney-General’s acknowledgment of the Senate Committee
recommendation, H.R. Deb (19.6.2013) 6417.
[6]
‘Whistleblower Protection: A Comprehensive Scheme for the Commonwealth Public
Sector’, 2009, and ‘Advisory report on the Public Interest Disclosure
(Whistleblower Protection) Bill 2012’, 2013.
[7]
See relevant sections at Attachment A.
[8]
Absolute privilege provides an extremely broad protection in respect of
statements that might otherwise be the subject of legal action or prosecution.
Provided that certain conditions are fulfilled, qualified privilege might offer
a defence to an action for defamation. See House of Representatives Practice,
6 ed., 2012, at
pp 735-6 and p. 731
[9]
O’Chee v Rowley [1997] QCA 401; cited in House of Representatives
Practice, 6 ed., p. 737.
[10]
Australian Communications Authority v Bedford (2006), cited in House
of Representatives Practice at p.737, where Odgers’ Australian Senate
Practice, 13th edition, p. 60 was also cited.
[11]
See [2000] QSC 088, available online at http://archive.sclqld.org.au/qjudgment/2000/QSC00-088.pdf
See Odgers at p. 59 for discussion of this and other cases.
[12]
House of Representatives Practice, 6 ed., 2012, p. 737. See also the
report of the House of Representatives Standing Committee of Privileges in 2000
on the ‘Status of records held by Members of the House of Representatives’ and
the Committee of Privileges report in 2002, ‘Parliamentary privilege: the
operation of the committee, some historical notes and Guidelines for Members’.
[13]
See House of Representatives Practice, 6 ed., 2012, p. 749 for
discussion of the powers inherited through section 49 of the Constitution.
[14]
Section 16 and see House of Representatives Practice, 6 ed., 2012, pp
693-97.
[15]‘Independent
Review of the Public Interest Disclosure Act 2013’, 2016, p. 62.
[16]
Pages 62-63.
[17]
Recommendations 26 and 27 at p. 63.