![Greens senator David Shoebridge. Picture by Karleen Minney. Greens senator David Shoebridge. Picture by Karleen Minney.](/images/transform/v1/crop/frm/106459643/3c1fc53a-6d58-44e7-bb02-62868a95afe1.jpg/r0_218_4256_2611_w1200_h678_fmax.jpg)
Proposed changes to the federal government's whistleblower protections don't go far enough, critics warn, with "clumsy" drafting likely leading to unintended consequences.
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Greens senator David Shoebridge has challenged the Albanese government to "walk the walk" on its pledge to strengthen laws to protect public servants and members of the public who come forward to report suspected wrongdoing.
Whistleblower advocate, and human rights lawyer, Kieran Pender also warned aspects of the bill are "poorly-drafted" and will have "unintended consequences".
A government-majority parliamentary committee delivered its report this week on Attorney-General Mark Dreyfus' bill to patch up shortfalls in the Public Interest Disclosure Act.
It forms part of Mr Dreyfus' commitment to improve whistleblower protections by the time the National Anti-Corruption Commission opens its door by the middle of this year.
The bill, if passed, would implement 21 of 33 recommendations handed down in a key 2016 review by Philip Moss, and would increase protections for disclosers and enhance watchdog oversight of investigations.
The committee's report recommended the bill be passed with amendments to the bill's explanatory memorandum to clarify the Commonwealth Ombudsman's role as a watchdog along with further details on a section which considers "personal work-related conduct" exempt from disclosures.
But Senator Shoebridge, a member of the committee, and Liberal senator Paul Scarr, its deputy chair, both said more needed to be done in anticipation of the federal integrity body's opening in months.
![Liberal senator Paul Scarr. Picture by Keegan Carroll Liberal senator Paul Scarr. Picture by Keegan Carroll](/images/transform/v1/crop/frm/106459643/a80ca45f-7c37-4d50-a557-a821747ec840.jpg/r0_267_5000_3078_w1200_h678_fmax.jpg)
Both senators argue a proposed change to rule out matters relating "solely" to workplace grievances from the act could be problematic.
Senator Scarr said the change could mean lower-level bureaucrats dealing with unsupportive managers in toxic workplaces might not feel empowered to report bad news up the chain, for example, resulting in potentially "significant public ramifications".
He said the drafting made it a "legislative maze" for potential whistleblowers, given wrongdoing and grievances in the workplace are often interlinked.
The noted gap in the amendments would also result in a "largely toothless protection" for those coming forward, Senator Shoebridge said.
"Since the inception of the PID Act there has not been a single successful prosecution for reprisal action. This is for one very simple reason, the protections in the Act do not work and are not being fixed by this bill," the Greens senator wrote in the report's additional comments.
"As the history of the PID Act makes clear, unless written in black and white law, intentions either good or bad aren't much help to whistleblowers."
'Essential' that whistleblower protections are completely overhauled
Mr Dreyfus first introduced the act while he was in the role in 2013 but has long said the rules were no longer fit for purpose.
The laws have since been heavily criticised, including by Mr Dreyfus himself while in opposition, for being overly complex, containing loopholes, and being limited in offering support to those coming forward.
The first law officer said the first tranche of tweaks were "long overdue" but would provide immediate improvements.
But Senator Shoebridge insisted the proposal could set things back further by making it unclear how personal work-related issues should be handled.
"The glaring issue with this bill is the inappropriate and clumsy carve out of employment matters from the PID scheme, failing to recognise that most whistleblowers experience a backlash in their workplace just for telling the truth," he told The Canberra Times.
"Almost all whistleblower matters will involve a mix of whistleblowing and personal work-related issues, and it would be inappropriate to exclude them from the protections of the PID scheme.
"It's a rare whistleblower who stands up to management and others in a workplace to call out inappropriate conduct and does not experience ostracisation or other fallout."
READ MORE:
- Human Rights Law Centre urges overhaul of whistleblower protections as federal corruption commission ramps up
- Proposed whistleblower changes need a rethink ahead of National Anti-Corruption Commission, experts say
- Public Interest Disclosure changes ahead but 'much work' needed before national anti-corruption body kicks off
Mr Pender, who provided evidence to the committee, said the committee's repot rightly recognised further tweaks were needed.
"This first phase of reform contains important but largely technical changes - it should be passed swiftly so we can get on with a wider overhaul that will bring Australia into line with international best-practice," he said.
"The report also underscores the importance of getting right any changes which limit access to whistleblower protections.
"While personal workplace grievances should be carved out from whistleblowing law, the proposed amendment to achieve this is poorly-drafted and will have unintended consequences.
"We call on the government to heed the committee's recommendation to revise the amendment and get this right."
![Senior lawyer Kieran Pender from Human Rights Law Centre. Picture by Elesa Kurtz Senior lawyer Kieran Pender from Human Rights Law Centre. Picture by Elesa Kurtz](/images/transform/v1/crop/frm/106459643/a4b3739b-47e2-4d29-b87c-2f76be4545af.jpg/r0_0_3747_2107_w1200_h678_fmax.jpg)
The proposed changes coincide with two ongoing cases between the federal government and whistleblowers.
Military whistleblower David McBride is facing jail time after leaking classified documents about alleged war crimes committed by Australian defence personnel to the ABC.
Former Australian Tax Office employee Richard Boyle is also facing charges after he publicly revealed his ex-employer's debt raising tactics.
Senator Shoebridge said it was important the government's pursuit of these two cases is dropped to demonstrate its serious about protecting whistleblowers.
"What is being missed is how all of this reform is ineffective if the prosecutions of David McBride and Richard Boyle are not dropped," he said.
"The government may talk the talk on whistleblower laws, but those who might come forward with critical information are likely to think twice when they see whistleblowers still being prosecuted."