Whistleblowing while

you Work

• Recent history

• Australian Commonwealth perspective

• Queensland model

• Discussion

Plan for Discussion

• Definition of Whistleblowing

• Fitzgerald Inquiry

• Whistleblowers Protection Act 1994 (Qld)

obligations to act on disclosures

obligations to protect disclosers

defences against liability

criminalisation of reprisals

rights to compensation

• Public Interest Disclosure Act 2010 (Qld)

History in Australia

• Objectives Public

Interest Disclosure Act 2013 (Cth)

Commonwealth Public Sector integrity

facilitate disclosure by public officials

protect public official disclosers

proper investigation of disclosures

Australian Perspective

• Exemption from all liability

• Protection from reprisal

• Entitlement to Court Orders

• Criminal sanctions

Protecting Public Interest Disclosers

• Disclosure by public official

• Disclosure to approved recipient

• Disclosure under specified conditions

internal disclosure

external disclosure

emergency disclosure

legal practitioner disclosure

What is Public Interest Disclosure?

• Disclosable conduct

Conduct by agency or public official –

contrary to Australian or foreign law

perverting course of justice

involving corruption

maladministration

wastage of public resources

endangering persons or environment

Not disagreement with government policy

Fundamental Requirement of Disclosure

• Obligation to investigate

• Exceptions

discloser not a public official

frivolous or vexatious disclosure

prior investigations

• Reports to discloser and oversight body

• Requirements for investigation

• Standards for investigations

Investigations of Public Interest Disclosures

Public Interest Disclosure Act 2010 (Qld) -

a different model

• specified recipients for disclosure

journalists

• fewer exemptions from disclosure

Courts and Tribunals

• broader protection for disclosers

Relocation to avoid reprisal

Queensland Perspective

Peter Bolam | ConsultantP: +61 7 3223 9139

F: +61 7 3221 5518

E: peter.bolam@brhlawyers.com.au

For further information, please contact: