Page 2112 - Week 08 - Wednesday, 9 September 1992
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Whistle-blower Legislation
MR DE DOMENICO: My question is addressed to the Attorney-General, Mr Connolly. Do the Government, and the Attorney-General in particular, support whistle-blower legislation? Will he introduce whistle-blower legislation into the Assembly in order to protect conscientious public servants from the Stazi-like tactics of the Chief Minister and her deputy?
Ms Follett: On a point of order, Madam Speaker, I think that I am justified in asking that Mr De Domenico withdraw that totally unparliamentary reference.
MADAM SPEAKER: I believe that that is correct. Please, Mr De Domenico.
Mr De Domenico: Which one - "Stazi-like"?
MADAM SPEAKER: "Stazi-like", please.
Mr De Domenico: I withdraw that part. May I repeat my question?
MADAM SPEAKER: You can change your adjective if you so choose.
MR DE DOMENICO: Do the Attorney-General and the Government support whistle-blower legislation? Will he introduce whistle-blower legislation into the Assembly in order to protect conscientious public servants from the tactics of the Chief Minister and her deputy that we have seen in the last two days?
MR CONNOLLY: The Government's legislative program has been published, and if members opposite had been diligent and read it they would have noticed that there was nothing in there about whistle-blower legislation. They would also have noticed that there was nothing in the Labor Party's election manifesto in relation to whistle-blower legislation. They may deduce from that that it is not part of the Labor Party's platform or agenda to introduce whistle-blower legislation, and indeed they would be right - if they did that research. This was a subject dear to the heart of a Minister in the Alliance Government, now departed from this place, who was quite obsessive on the issue of whistle-blower legislation. But, as far as I know, it was never seriously considered by the Alliance Government either. No, we have no proposal for whistle-blower legislation. The law in this Territory, as does the law in most places, makes it a criminal offence for public servants to divulge sensitive or confidential information. The proper practice for public servants, if they feel that they can no longer in conscience hold secrets, of course is to resign. One is always free to leak, provided one takes the consequences.
Whistle-blower legislation, I should point out, is generally defended as allowing someone to reveal an illegality. No whistle-blower legislation, Madam Speaker, would protect an official who leaks a budget document. Whistle-blower legislation is claimed to be necessary to protect a public servant who reveals an illegality or a malpractice, not someone who leaks confidential budget documentation. Some work is being done in Queensland on this matter. The Electoral and Administrative Review Committee recently published a report on whistle-blower legislation which I am reading, amongst other things. But we have no plans at present to propose such legislation. But, even if we did, the leaking of budget information would still be a criminal offence.
Ms Follett: I ask that further questions be placed on the notice paper.
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