QCCL submission to whistleblower law review
The time for the review of Queensland’s whistleblower laws, found in the Public Interest Disclosure Act, to report has been extended until 19 June 2023
The QCCL has made a submission[1] to the review by retired Supreme Court Judge, Alan Wilson.
President Michael Cope says “The QCCL noted that Australia is often said by experts to be the most secretive of the liberal democracies and that access to information is an aspect of freedom of speech. Whistleblower protection then is supported as part of the right to free speech.”
But whilst QCCL thinks government secrecy in this country is far too excessive, we also accept that government has to keep some secrets including to facilitate the investigation of crimes and to protect the privacy of citizens. For this reason, a system allowing for internal disclosure is necessary to minimise the risk of the disclosure of truly sensitive information.
Our submission supports the following changes to the existing internal disclosure system:
1. The addition to the current list of categories of information that can be disclosed under the scheme of a broad disclosure category of “a serious threat or harm to the public interest”
2. The extension of the system to non public servants performing public service functions, such as contractors
3. The Act should be amended to impose a duty on agencies to protect and support employees who make a disclosure
“We have acknowledged that one of the purposes of the scheme is to reduce the harm that might occur by the release of information to the public. But equally we are of the view that provision should be made for those who do not use the scheme as given the history of our governments when it comes to secrecy many will be legitimately sceptical of the internal process” says QCCL President Michael Cope
In our view a level of incentive to use the scheme could be maintained by providing that anyone who makes a disclosure outside it could be subject to ordinary disciplinary processes including dismissal except where the disclosure reveals illegality or clear serious wrongdoing. In addition, those who disclose outside the scheme will not obtain the benefit of the other protections under the Act
However, the government must meet a higher threshold when it seeks to impose criminal or civil penalties on those who disclose outside the Act. When the government seeks to impose severe sanctions such as prison or serious monetary penalties, the government should be required to prove that the discloser lacked an objectively reasonable basis for believing that the public interest in disclosure outweighed identifiable harms to the public interest that might flow from the disclosure. In the case of less serious penalties, a lesser standard is proposed being that the government must show that the disclosure lacked an objectively substantial basis for believing the public interest in disclosure outweighed any identifiable harms to the public interest that might flow from the disclosure.
“The QCCL looks forward to the review recommending changes to the current whistleblower laws that significantly improve the protection for those who breach government secrecy in the public interest” says Mr Cope
For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154
28 April 2023
[1] Found here. https://www.qccl.org.au/newsblog/submission-to-public-interest-disclosure-whistleblower-review