Tomorrow, Independent Member for Kurrajong Thomas Emerson MLA will introduce a motion to the ACT Legislative Assembly calling for a stronger whistleblowing framework in the Territory. The motion calls on the ACT Government to follow NSW in establishing a dedicated whistleblower support function that provides casework, legal and wellbeing support for public sector workers who want to expose wrongdoing.

“Whistleblowers play a critical role in our democracy, but the immense personal risk of speaking out against wrongdoing can breed a culture of silence,” said Mr Emerson. 

“We need to do more to support people willing to take the courageous step of exposing maladministration within government. 

“Strong whistleblowing frameworks are essential to the health, proper functioning and accountability of our public institutions.”

Mr Emerson’s motion also calls on the ACT Government to ensure that clear guidance and educational materials on whistleblowing pathways are distributed to public sector employees, and to provide an update on the Government’s plans for implementing the recommendations from its 2023 review of the ACT’s whistleblowing laws.

”We need to do more to promote a positive ‘speak up’ culture across government agencies,” said Mr Emerson.

“Having the longest-serving government in the country naturally increases the proclivity for protectionism and a culture of going along to get along.” 

Mr Emerson highlighted that whistleblowers play a critical role in exposing wrongdoing in the ACT, as evidenced by recent revelations regarding the alleged mistreatment of Aboriginal and Torres Islander ACT public servants and the governance crisis impacting the Canberra Institute of Technology (CIT). 

”I’ve been approached by a number of whistleblowers whose insights have been critical in shaping my work and advocacy on improving public sector transparency and accountability,” said Mr Emerson.

Mr Emerson’s website contains information on how he supports and works with whistleblowers.

MEDIA CONTACT: Will Devine | 0402 183 296 | [email protected]

BACKGROUND

You can read the motion here. 

The ACT was one of the first jurisdictions in the world to introduce a dedicated whistleblower protection law when it passed the Public Interest Disclosure Act 1994. 

Since this legislation was updated in 2012, Australian and international whistleblowing standards and best practice have evolved considerably, and the ACT's whistleblowing framework is no longer considered world-leading. 

In 2023, the ACT Government commissioned Mr Ian Govey AM to undertake a review of the Public Interest Disclosure Act 2012 (the PID Act), which made 39 recommendations. The ACT Government’s June 2024 review response noted that “if implemented, the PID Act review’s recommendations would substantially amend the public interest disclosure framework.” The Government “noted” all recommendations and indicated it would “provide a more detailed and considered response to the PID Act review during the 11th Legislative Assembly,” but to date this has not occurred. 

The South Australian Court of Appeal applied a narrow interpretation of whistleblowing protections in Boyle v DPP (Cwth) [2024] SASCA 73, resulting in the prosecution of Richard Boyle for exposing unethical debt recovery practices at the Australian Taxation Office. Several Governments have taken steps to enhance their whistleblowing protections following this case.

In 2024, the NSW Government established a new whistleblower support function within the NSW Ombudsman, including piloting legal and wellbeing referral programs in addition to its casework function. Mr Emerson is calling for the ACT Government to replicate this approach.