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Whistleblowing: Public Interest Disclosure by Australian Public Servants
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Whistleblowing: Public Interest Disclosure by Australian Public Servants

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Examines and compares the Australian and Queensland Public Interest Disclosure regimes

Examines and compares the Australian and Queensland Public Interest Disclosure regimes

Published in: Business, Career

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  • 1. Whistleblowing while you Work
  • 2. • Recent history • Australian Commonwealth perspective • Queensland model • Discussion Plan for Discussion
  • 3. • Definition of Whistleblowing • Fitzgerald Inquiry • Whistleblowers Protection Act 1994 (Qld)  obligations to act on disclosures  obligations to protect disclosers  defences against liability  criminalisation of reprisals  rights to compensation • Public Interest Disclosure Act 2010 (Qld) History in Australia
  • 4. • Objectives Public Interest Disclosure Act 2013 (Cth)  Commonwealth Public Sector integrity  facilitate disclosure by public officials  protect public official disclosers  proper investigation of disclosures Australian Perspective
  • 5. • Exemption from all liability • Protection from reprisal • Entitlement to Court Orders • Criminal sanctions Protecting Public Interest Disclosers
  • 6. • Disclosure by public official • Disclosure to approved recipient • Disclosure under specified conditions  internal disclosure  external disclosure  emergency disclosure  legal practitioner disclosure What is Public Interest Disclosure?
  • 7. • Disclosable conduct  Conduct by agency or public official –  contrary to Australian or foreign law  perverting course of justice  involving corruption  maladministration  wastage of public resources  endangering persons or environment  Not disagreement with government policy Fundamental Requirement of Disclosure
  • 8. • Obligation to investigate • Exceptions  discloser not a public official  frivolous or vexatious disclosure  prior investigations • Reports to discloser and oversight body • Requirements for investigation • Standards for investigations Investigations of Public Interest Disclosures
  • 9. Public Interest Disclosure Act 2010 (Qld) - a different model • specified recipients for disclosure  journalists • fewer exemptions from disclosure  Courts and Tribunals • broader protection for disclosers  Relocation to avoid reprisal Queensland Perspective
  • 10. Peter Bolam | Consultant P: +61 7 3223 9139 F: +61 7 3221 5518 E: peter.bolam@brhlawyers.com.au For further information, please contact: