Why Whistleblower Protections

Corruption harms everybody; the private sector, our democracy, and society at large.

Corruption hinders development and fair competition in the marketplace. Some corporate secrets are necessary to protect market advantage and allow companies to succeed; others exist only to protect illegal or unethical actions of companies or individuals. Similarly,  "secret government business" can be a way for the government to lie to the public or engage in illegal and corrupt behavior.

Whistleblowers break the rules of their organisation and possibly the law to publicly disclose information that will expose such corruption. Therefore, whistleblowers are a fundamentally necessary part of our modern society − they alert us when our democracy is no longer functioning, either as we’ve been told it functions, or how we wanted it to function.

Lifting the lid obviously carries great risks − people who want to keep the deception alive are going to retaliate, and this can be the government itself. So, someone more powerful needs to protect those who risk their reputation, their financial safety, and their careers. We need laws and institutions that are systemically designed to protect, empower, and support those who have the courage to speak out in society’s best interests.

As global market regulations continue to evolve, organisations are forced to adapt their internal governance frameworks in order to remain competitive. In the space of 'affording whistleblower protections' to protected disclosures, this will often come into conflict with a firm's risk management practices associated with its reputation. Simply put, most firms will prefer not to have open litigation cases amongst existing employees, due to the legal exposure. This often results in high levels of dispute as opposing sides work to navigate the law in their best interests and regularly results in 'immense pressure' for the whistleblower to leave (or be forced out) of their employment. 

Australia must ensure that people in the position of becoming a whistleblower will not fear doing the right thing by exposing crime and corruption.

Why whistleblowing matters to Fusion − A snippet from a broader conversation with Owen Miller and John August

Our Goal for Whistleblower Protections

Implement a comprehensive and systemic reform of whistleblower protection in Australia to ensure that corruption can be effectively tackled in all sectors of the economy and in government.

  • This is in line with our policy principles of “Open & Efficient Government” and “Inclusive Economic Advancement”.

Our Plans for Whistleblower Protections

1. Comprehensive Legal Reform

Australia’s whistleblower protection laws must be simplified, strengthened, and standardised across all sectors to close gaps and remove inconsistencies:

  • Unified Whistleblower Framework: Consolidate whistleblower protections into a single, comprehensive law covering the public, private, and not-for-profit sectors.
  • Ensure Standardised Definitions: Provide a clear definition of “whistleblower” and “protected disclosures,” including wrongdoing in government, corporations, and non-profit organizations, as well as environmental and public health violations.
  • Clarify Immunities from Prosecution: Whistleblowers need more certainty whether their leaks will be protected, especially for reporting on preparatory acts.
  • Protected Disclosures: Ensure whistleblowers are immune from prosecution for lawful disclosures made in good faith, including preparatory actions.
  • Reversing the Burden of Proof: Shift the onus in retaliation cases, requiring organisations to prove adverse actions were not linked to whistleblowing, and that suitable measures were taken to manage psychosocial hazards.
  • Expanded Definitions of Harm: Broaden the scope of whistleblower protections to include non-workplace detriments, such as reputational damage, financial harm, and psychological injury. Specifically including:
    • Breaching privacy of a WB by sharing personal information without their express consent (period following disclosure made).
    • Providing false and misleading information to regulating bodies, regarding the true nature of the events and the management of the WB disclosure.
    • Delaying, depriving and or frustrating reasonable medical care being provided to a WB employed by the entity and injured as a direct result of the disclosure.
    • Fail and or unreasonably delay to report serious injuries, sustained when making a disclosure, to any relevant regulatory bodies.

2. Dedicated Institutions for Oversight and Support

To enforce and oversee protections, Australia must establish dedicated bodies that prioritise whistleblower safety and integrity:

  • Whistleblower Protection Authority (WPA): An independent body with the power to prosecute in court, and the remit to:
    • Maintain a secure and independent channel for filing complaints.
    • Investigate claims of retaliation and breaches of whistleblower laws.
    • Provide legal guidance, financial assistance, and psychological support to whistleblowers.
    • Administer reward programs for whistleblowers who expose significant wrongdoing.
    • Oversee any alternative dispute resolution processes to ensure grievances are addressed efficiently and in accordance with regulatory requirements.
    • Utilise fines and penalties from court prosecutions as a source of income to maintain independence, and to incentivise penalties to be appropriate in scale.
    • Monitor and analyse WB cases across industries, and conduct audits to test WB protection laws are in place and effective based on the analyses’ / hot spot areas - e.g. financial services & mining & resources
    • Create and maintain a preferred panel of legal firms who can represent WB's.
  • Parliamentary Whistleblower Office: A parliamentary body to serve as the primary interface with the WPA, with the responsibility to:
    • Assist Members of Parliament in handling whistleblower disclosures.
    • Ensure disclosures from within the government and public sector are managed transparently and effectively, with appropriate follow-up actions.
    • Provide training on best-practice intake procedures for legislative offices.

3. Accessible Legal, Financial, and Emotional Support

Whistleblowers often face severe financial and psychological burdens. The WPA must have sufficient funding to provide practical support:

  • Government-Funded Legal Support:
    • Provide free or subsidised legal advice and representation for whistleblowers.
    • Fund career transition services, including reskilling programs and counselling, to help whistleblowers rebuild their lives.
  • Whistleblower Reward Schemes:
    • Introduce rewards based on a percentage of penalties recovered in significant regulatory or criminal cases.
    • Offer financial incentives to encourage disclosures in the public interest.
  • Qui Tam Provisions:
    • Allow whistleblowers to file fraud claims on behalf of the government and receive a share of the recoveries, creating a financial safety net for whistleblowers while combating taxpayer fraud.

4. Fostering a Culture of Integrity and Accountability

Whistleblower protection must be embedded in workplace culture, supported by education and robust enforcement:

  • Organisational Responsibility:
    • Impose a positive duty on employers to protect whistleblowers, with penalties for failing to mitigate risks of retaliation.
    • Ensure workplaces have clear policies and accessible internal reporting mechanisms for whistleblowers.
  • Training and Awareness:
    • Facilitate training and accreditation for managers and executives to handle whistleblower disclosures appropriately and sensitively.
    • Apply mandatory accreditation thresholds to organisations based on their size.
    • Educate employees on their rights and protections under whistleblowing laws.

5. Enhanced Freedom of Information (FOI) and Transparency

Transparency is key to maintaining public trust. FOI laws must be strengthened to ensure whistleblower disclosures lead to meaningful action:

  • Reforming FOI Laws:
    • Narrow exemptions to prevent arbitrary secrecy.
    • Introduce time-limited protections for sensitive information. An FOI request needs to be completed before the associated court case, before the development is completed or approved, or in sufficient time that the claimant can do something with the information.
    • Hold government and private institutions accountable for withholding information unjustifiably.
  • Accountability in Investigations:
    • Require timely and transparent responses to whistleblower disclosures.
    • Ensure oversight bodies follow through with clear reporting and public accountability.

6. An Inalienable Right

Ultimately, combating corruption is important enough that it should be every citizen’s right to raise the alarm about corrupt and unlawful practices.

  • Legal Enshrinement: Include the right to expose corruption and unlawful practices in either the constitution, or a national bill of rights.

Importance to Fusion

  1. Encouraging Ethical Conduct
    • By providing robust protections and clear channels, individuals are more likely to report unethical or illegal activities, upholding higher standards of integrity.
  2. Protecting Safety and Personal Liberty
    • Whistleblowers can speak freely without fear of retribution, reducing the chilling effect that often silences vital information.
  3. Ensuring Equity and Fairness
    • Uniform protections apply to all citizens regardless of position or status, ensuring that no one is above accountability.
  4. Driving Advancement
    • Transparency spurs institutional improvements; when wrongdoing is exposed, organisations and governments have the opportunity to learn and innovate.
  5. Preserving Ecological Harmony
    • Strong whistleblower protections empower individuals to report environmental violations, supporting responsible stewardship of natural resources.

Why These Reforms Matter

The Societal Cost

Fear Silences Truth

Without robust protections, many individuals remain silent, fearing career destruction, financial hardship, and social ostracism. This silence allows corruption and misconduct to flourish unchecked.

Plausible Deniability Squashes Integrity

Organisations utilise HR involvement as a proxy for management which is used to mitigate the risk on behalf of the Directors. HR often engages the legal system in ways which ensure a whistleblower cannot remain within an organisation. IT monitoring of work devices can inform the firm of whistleblower intent before they find out directly, and inserting legal parties also allows the firm to force lawyer to lawyer communication for day to day employment matters such as payroll and leave. Forcing legal to legal, is a form of retaliation as it puts the WB under further duress and isolates them from their work environment. Removing plausible deniability is the only way to force systemic reform within corporate systems.

Global Best Practices

Models from the United States, Netherlands, and Slovakia demonstrate the success of dedicated whistleblower authorities and reward schemes in exposing systemic wrongdoing and strengthening democracy.

A Socially and Economically Productive Society

Corruption and just plain petty bureaucracy is the cause of so much waste in society - we can wonder how much more effective our institutions and businesses would be if they were free of the obstacles that are endemic around us. A world freer of corruption would mean that we could have confidence we were being dealt with fairly, and there would be economic benefits to our shared prosperity as well.

The Human Cost of Courage

Real-life stories highlight the urgent need for reform:

Troy Stolz: Raised issues over the thoroughness of pubs and clubs in NSW in taking their obligations over money laundering and other issues more seriously; ended up at the receiving end of a court case which cost an enormous amount of money and disrupted his life; https://en.wikipedia.org/wiki/Troy_Stolz ; https://omny.fm/shows/roving-spotlight/roving-spotlight-podcast-2024-10-2

Richard Boyle: Concern about the ATO’s heavy handed tactics means he was at the receiving end of a lawsuit from the ATO, which disrupted his life; https://www.hrlc.org.au/news/2024/11/07/boyle-high-court

David McBride: Concerns about war crimes committed by Australian troops, but also how those further up the chain of command have escaped scrutiny, his attempts at whistle blowing blowing have landed him in jail, something he was somewhat accepting of, but saddened about how his dog would relate to his absence; https://en.wikipedia.org/wiki/David_McBride_(whistleblower)

Roxanne Mysko: A whistleblower about deaths and issues in the trucking industry, Roxanne was likewise hit with court cases after trying to draw attention to her concerns; https://michaelwest.com.au/trucking-deaths-on-the-rise-but-safety-whistleblower-ignored-then-prosecuted/

Julian Assange: While Mr. Assange is now free from prison, he is not free to speak, and the US Government has not admitted any responsibility in withholding information that was exposed by Mr. Assange as being in the public interest. His role as a whistle blower has not in any sense been legally endorsed; https://en.wikipedia.org/wiki/Julian_Assange

These cases underscore the bravery of whistleblowers and the systemic failures that leave them unsupported.

Our Commitment

This policy reflects our dedication to fostering an Australia where whistleblowers and activists are celebrated, not punished, for their courage. These comprehensive reforms will foster transparency, strengthen democracy, and create an ecosystem where speaking out in the public interest is safe and valued. By protecting and empowering truth-tellers, we can build a fairer, more accountable society for all Australians.

Supporting References

Human Rights Law Centre. (2023). Cost of Courage: Fixing Australia’s Whistleblower Protections. [online] Available at: https://www.hrlc.org.au/reports-news-commentary/cost-of-courage

The, W. (2022). Human Rights Law Centre. [online] Human Rights Law Centre. Available at: https://www.hrlc.org.au/reports-news-commentary/protecting-aus-whistleblowers-federal-roadmap

Nortonrosefulbright.com. (2023). Employment law aspects of the new whistleblower protection. [online] Available at: https://www.nortonrosefulbright.com/en-au/knowledge/publications/4eff9f03/employment-law-aspects-of-the-new-whistleblower-protection

‌Safe Work Australia (2022). Psychosocial hazards. [online] Available at: https://www.safeworkaustralia.gov.au/safety-topic/managing-health-and-safety/mental-health/psychosocial-hazards

Wikipedia Contributors (2024). Qui tam. Wikipedia. [online] Available at: https://en.wikipedia.org/wiki/Qui_tam