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The Forum > Article Comments > False hope for whistleblowers > Comments

False hope for whistleblowers : Comments

By Brian Martin, published 6/12/2010

If you think whistle blower laws will protect you, you are whistling in the wind.

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It was hoped the Parliamentary Inquiry into Whistleblowing Protections might offer some hope for an external organisation to act 'for' the whistleblower' (or remove penalties for going outside the APS-the only real protection). The current system operates on a culture of fear and as you note, the Kessing case acted as a strong deterrent over any lip service given to protections or freedom of information.

Recent changes to the complaints handling process (APSC) now provides a shortened period of four months to make a complaint. Many people who suffer bullying or other forms of ostracisation due to complaints (even under the internal processes open to whistleblowers) need time to rally from the emotional effects of retaliation no matter how overt or subtle.

Whistleblowers are quickly labelled as troublemakers because essentially, they create problems, someone has to investigate and then have the courage to change a culture or to put a stop to unethical practices or at worst corruption. This can only be done with transparency. The system makes it difficult for managers to react appropriately to complaints or whistleblowing reports.

Having experienced this process, it is a path fraught with great emotional and personal cost and not one that I would revisit again. Although in hindsight and with a clear mind, it was worth it even if much did not change other than a major edit of the departmental website to remove some of the spin (lies) about particular programs under their management. And a few minor changes within but it usually involves just shifting people around and the perpetrators (including government ministers) are never held accountable.

The greatest cost is always to whistleblowers whether it be within the public or private sector. The secrecy provisions should be revisited to ensure they do not allow unethical, fraudulent and corrupt practices to remain unchecked. Secrecy provisions should only apply to innovation but not to the detriment of safety. Any information extraneous to this and that which lies at the heart of the public right to know should be held to a much higher standing that is the current practice.
Posted by pelican, Monday, 6 December 2010 9:47:13 AM
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Brian Martin has eloquently explained what I have been saying for years myself, that publicity is the answer, not the law. Thinking about this now, why don't whistleblowers establish a newsletter or journal that is focused not so much on whistleblower issues and experiences, so much as a content-oriented much-raking spectacular with high journalistic appeal, that runs story after story about malpractices detected in Australia. Replete with photos, small bios of main actors,institutional histories and colorful narratives of the dirty deeds - this recipe should bring a wide public to the subscription list. Mind you, it would certainly get the Assange treatment, and the editor would be advised to remain anonymous, with floating production and distribution points. Any accusations of sexual misbehaviour of those suspected of editorial involvement should be foreshadowed as unbelievable. Etc. But it is a more promising path to take for remedying corruption and malpractice than either the law or the rant, for all the reasons Brian has adduced.
Posted by veritas, Monday, 6 December 2010 11:16:35 AM
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[Deleted. Appears to be a sock puppet.]
Posted by Frigga, Monday, 6 December 2010 3:21:52 PM
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Veritas, I think that is a spectacularly good idea, and I for one would participate.
Posted by briar rose, Monday, 6 December 2010 4:16:44 PM
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Julian Assuage
http://www.washingtonsblog.com/2010/12/sex-charges-and-arrest-warrant-against.html

There was a newspaper article on bosses who are psychopaths. Basically I would suggest that because those who are able to make and control decisions, do not want the whistle blowers to have any form of recourse.

Thus fear is the driving factor to keep people quiet, and this is not unlike the mafia like standover tactics.
Posted by JamesH, Monday, 6 December 2010 4:24:20 PM
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Wait, since when has whistleblowing EVER been actually 'protected' under Australian Law?

If anything, it has been blatantly clear by both Howard and Gillard, that to them, Whistleblowing is an official crime punishable by everything our law can throw (and seemingly, with Mr Assange, so much more).
Posted by King Hazza, Monday, 6 December 2010 6:10:50 PM
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Thank Goodness for whistleblowers, I am sure the people of Bundaberg would agree. The courage that woman showed was remarkable. Trin.
Posted by Trin, Tuesday, 7 December 2010 8:04:24 AM
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