You have 0 free articles left this month.
Register for a free account to access unlimited free content.
Powered by MOMENTUM MEDIA
lawyers weekly logo
Advertisement

Human rights advocates welcome proposed Whistleblower Ombudsman

Regulation

Last Wednesday, the government announced a new proposal to establish a Whistleblower Ombudsman in a bid to clarify and strengthen whistleblower protections.

By Emma Partis 8 minute read

Public consultation on a fresh package of reforms to Australia’s whistleblower laws will open this week as the government pledges to boost whistleblower protections.

Attorney-General Michelle Rowland said that the reforms would be designed to clarify and strengthen protections for whistleblowers, simplify the procedures for making public interest disclosures and strengthen scrutiny and oversight of the system.

"A robust public sector whistleblower framework that is effective and easy to navigate is essential for trust in government,” Rowland said.

"Through the establishment of a Whistleblower Ombudsman, we’re working to ensure disclosures are handled fairly and thoroughly, giving whistleblowers the confidence that their concerns will be taken seriously and addressed promptly."

In February this year, the crossbench put forward a bill to establish an independent whistleblower protection authority to oversee and enforce whistleblower protections and facilitate public interest disclosures. 

Independent senators argued that the bill was necessary to fix Australia’s “broken” whistleblower protection laws, which had left numerous whistleblowers facing lengthy legal battles and the prospect of prison sentences following their disclosures.

Whistleblower reform advocates have pointed to cases such as that of ATO whistleblower Richard Boyle, who faced a seven-year legal ordeal after he spoke out about overly aggressive debt collection tactics employed by the ATO, to highlight the prosecution and punishment of Australian whistleblowers.

 
 

PwC whistleblower Anthony Watson urged the senate to consider establishing an independent whistleblower authority following his experience with the Australian legal system.

“I commenced my case against PwC and Lendlease in April 2022. Here we are, two years later, and we’ve spent millions of dollars on just one thing, which is: which set of whistleblower rules applies?” Watson said in April 2024.

In the wake of the PwC tax leaks scandal, the government introduced whistleblower laws enforced by the Tax Practitioners Board for those who whistleblow specifically on tax matters.

However, legal experts cautioned that this bill would overlap with other whistleblower protection measures, and called for a uniform whistleblower protection act and an independent authority.

The Whistleblower Protection Authority bill is unlikely to pass the Senate, facing opposition from Labor and the Coalition.

Kieran Pender, associate legal director at the Human Rights Law Centre, said the government’s commitment to a Whistleblower Ombudsman was a welcome step towards protecting whistleblowers, but continued to advocate for a dedicated Whistleblower Protection Authority.

“We welcome the Albanese Government’s progress on public sector whistleblowing reform. Whistleblowers make Australia a better place, but they need strong laws and proper support to ensure they can speak out safely to expose wrongdoing,” Pender said.

“The proposed establishment of a new Whistleblower Ombudsman is a promising step that could make a real difference. We will watch closely for the detail and continue to advocate for a dedicated Whistleblower Protection Authority to oversee public and private sector whistleblowing.”

Attorney-General Rowland said that the new Whistleblower Ombudsman would sit within the Office of the Commonwealth Ombudsman. She said that the new Ombudsman would provide oversight of the PID Act and include new dispute resolution functions and the power to investigate reprisals.

Rowland highlighted it as the “most significant addition to the federal integrity landscape” since the establishment of the National Anti-Corruption Commission.

You need to be a member to post comments. Become a member for free today!

AUTHOR

You are not authorised to post comments.

Comments will undergo moderation before they get published.