Page 3371 - Week 08 - Thursday, 23 August 2012
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particular disclosures. The purpose of this part is to demonstrate organisational commitment, ensure effective oversight of public interest disclosures and establish a firm reporting arrangement at the highest level. This kind of central oversight will ease implementation, enhance consistency in dealing with disclosures and promote compliance.
Part 7 of the bill provides protections for disclosers. A discloser is protected from liability for a range of civil and criminal matters under the bill. For example, a disclosure cannot be considered a breach of confidence, defamation or amount to contempt of the Legislative Assembly, nor can a discloser be liable to disciplinary action or dismissal for making a disclosure. However, protections under the bill will be forfeited where a discloser gives false or misleading information or where a person is being vexatious.
Importantly, part 7 also creates an offence for taking detrimental action against a discloser, including threats. Detrimental action is defined as discriminatory treatment, harassment, intimidation, causing injury or damaging a person’s property.
While the remaining parts are administrative in nature, the above covers the main aspects of the bill. To reiterate, the Public Interest Disclosure Bill is about making sure that people are encouraged to speak up about fraud, corruption or maladministration that affects the public interest and are supported when they do. It does so by creating a safe environment to come forward free from harassment, intimidation or other reprisals and supplemented by an administrative framework that properly assigns roles and responsibilities reflecting the importance of the information being considered under legitimate public interest disclosures.
It is intended that upon commencement the act will be accompanied by comprehensive guidelines that further explain the key concepts, particularly disclosable conduct, agency processes in dealing with a public interest disclosure, including how disclosers and witnesses are to be treated, and protocols for public interest disclosure to the media and members of the Assembly. These will be the subject of further consultation over the coming months.
In conclusion, and to respond to the Leader of the Opposition’s attacks on me and the government in relation to how we have dealt with whistleblowers in the past, in the last year or so since I became Chief Minister, I think there have been an incredible amount of changes made to the way that the integrity arms of government are working, including the establishment of the open government framework, including some additional resourcing to the Ombudsman, including some additional resourcing to the Auditor-General, including the putting up of information online for everybody to have access to FOI information, and including the legislative changes you see before you today.
The work is not finished; there is a lot more to do. In relation to some of the specific actions I have taken, Mr Seselja mentioned Ms Scattergood. I would remind members that since I became aware of that case I have taken action to make sure that we are cooperating with Ms Scattergood through her continuing pursuit of matters relating to how she was dealt with within the public service.
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