Devil’s Advocate
Australian Whistleblower Laws Reformed:
Was it Necessary? For
I
! Olivia Tabbernal
t was because of the whistleblowers that led to the ‘Banking Royal Commission’ uncovering ample amounts of misconduct in the financial services industry. It was because of Julian Assange that the world became privy to restricted war and classified corruption documents. It was because of Richard Boyle revealing unfair debt collection tactics that lead to significant changes for businesses facing tax disputes. It was because of whistleblowers that the public became and become continuously aware of misconduct and corrupt activity that directly affect their every-day life. There is large controversy around whistleblowers. Despite the increasing importance of whistleblowing, there remains a live debate as to whether whistleblowers should be protected or be ostracised for truth telling. Due to societal pressure, it has been made clear that greater protections for whistleblowers are needed. As a result, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 has made some key reforms to the Corporations Act 2001 (Cth).
Against
T
" Yoonjeong Choi
he whistleblower policy is a recent yet intricate matter of the law that Australia currently faces. It was in 2013 that the need for whistleblower protection was first legally recognised on a federal level, and since then, has been subject to much debate regarding its reform. In light of the new amendments to the policy, there is an apparent tension between the public and private sector. Particularly, whether there is enough and equal amount of protection for whistleblowers of both sectors. The new laws surrounding the whistleblower policy seems to promote notions of unequal treatment before the law. The amendment requires public, large proprietary companies and registrable superannuation entities to implement new whistleblower policies by January 1, 2020. However, this was demanded only of the private sector, and not the public sector. 10 | The Brief
When we reflect upon prominent media cases, such as the Australian Federal Police’s raids on the Australian Broadcasting Corporation (‘ABC’) and the home of News Corp journalist, Annika Smethurst, it is obvious that the whistleblower policy should address those in governance. Public sector whistleblowers risk imprisonment, and journalists receiving information from whistleblowers can be accused of receiving stolen goods. Further, Glencore International AG v Commissioner of Taxation highlighted that when it is a public sector entity involved with stolen documents, the validity of using such documents goes unquestioned. There is great irony here which demonstrates an imbalance in the way that our legal system operates. Karen Payne, the current Inspector-General of Taxation, has also called for greater protections for whistleblowers from the Tax Office. When individuals from the public institution are able to recognise that there is a flaw in the reform, it should be expected that the government would Ed.1 2020
