Page 4595 - Week 15 - Tuesday, 6 December 1994
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I would like to draw members' attention to page 19 of our report, in chapter 4, which argues the case for stand-alone whistleblower legislation. Paragraph 4.1 states:
One of the arguments for the retention of the whistleblowing provisions of the PSM Act is that it incorporates most of the legislation relating to the conduct of the public sector into the one piece of legislation. However, legislation providing for whistleblowing by persons outside the public sector should, in the Committee's view, be separate from the PSM Act. The Committee concludes, therefore, that there should be stand alone whistleblower legislation.
Paragraph 4.2 states:
The Select Committee on the Establishment of a Separate Public Service recommended that Part XII of the PSM Bill remain in force until such time as stand alone whistleblower legislation is passed. With the passing of separate whistleblower legislation encompassing relevant provisions of Part XII of the PSM Act, the Committee considers that Part XII of the PSM Act should be repealed.
We recommend as such in recommendation 10 of our committee report. In his dissenting report Mr Berry also mentions that no public hearings had been held by the Standing Committee on the Public Sector to review the recommendations of the Select Committee on the Establishment of an ACT Public Service and, indeed, any other issues. But it would be fair to say that extensive discussions have been held and that the work of the Select Committee on the Establishment of an ACT Public Service was referred to quite extensively. Members will note the extensive work done by the committee in comparing the provisions of the Public Sector Management Act, the Public Interest Disclosure Bill and other legislation and proposed legislation in place in other jurisdictions. Madam Speaker, members will note that various pieces of legislation from other places are referred to on page viii of the report. The committee, in considering these issues further, took note of approximately eight reports and other pieces of legislation which are in place in other jurisdictions in Australia. Therefore, I feel that the committee has considered these issues extensively and is ready to present this report on whistleblowing provisions to this Assembly.
I would also like to draw attention to the final recommendation made by the committee. It is in the text of the report on page 21. It relates to private sector whistleblowing. This is a recommendation that I am sure Mr Berry will talk to. Mr Berry actually proposed it. I think it makes a lot of sense. In fact, the committee has agreed and recommended that a committee of the Third Assembly inquire into the need for legislation in regard to private sector whistleblowing. I think that it is an important point which was brought forward by Mr Berry in the context of the committee's report and it is worth noting. I certainly support the recommendation that a committee of the Third Assembly look into this matter of private sector whistleblowing.
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