Public Sector Whistleblower Protections (AU0029)

Summary

This commitment recognises ongoing work to deliver staged reform of the Public Interest Disclosure Act 2013 (PID Act). The PID Act establishes the Commonwealth public sector whistleblowing scheme. The first stage of reforms is complete. The second stage of reforms seeks to address the underlying complexity of the public sector whistleblowing framework and improve protections for whistleblowers.

Why this commitment is important

It is essential to public sector integrity that there is an effective framework in place that supports public sector whistleblowers to speak up about wrongdoing, and protects them from adverse consequences when they do so.

Related OGP challenge areas

• Anti-corruption • Justice

How the impact of this commitment can be measured

This commitment will be measured through the delivery of the staged reform process. Stage 1 reforms were delivered through the passage of the PID Amendment (Review) Act 2023, which commenced on 1 July 2023. The Office of the Commonwealth Ombudsman, supported by AGD, continue to undertake work to support implementation of those reforms. Stage 1 reforms to the PID Act implemented 21 of 33 recommendations of the Moss Review, along with recommendations from previous parliamentary reports. Work on stage 2 reforms is underway and will include public consultation in 2023 on further reforms to the PID Act to address the underlying complexity of the scheme and consider the need for additional supports for public sector whistleblowers, including if a Whistleblower Protection Authority is needed. The remaining recommendations of the Moss Review and other relevant inquiries will be considered in stage 2 reforms to the PID Act.

Other relevant information e.g. inquiries, research work being undertaken

The PID Act has been in operation for approximately 10 years and has been the subject of multiple inquiries recommending areas for reform. These include: • 2016 Review of the PID Act by Mr Philip Moss AM (Moss Review) • 2017 report of the Parliamentary Joint Committee on Corporations and Financial Services inquiry into whistleblower protections in the corporate, public and not-forprofit sectors (PJCCFS report) • 2020 report of the Parliamentary Joint Committee on Intelligence and Security inquiry into the impact of the exercise of law enforcement and intelligence powers on the freedom of the press (PJCIS report) • 2021 report of the Senate Environment and Communications References Committee into freedom of the press, and • 2021 Set the Standard report on the Independent Review into Commonwealth Parliamentary Workplaces.

Milestones

6.1 Stage 1 reforms Implementation of stage 1 PID Act reforms

6.2 Public consultation Public consultation on stage 2 PID Act reforms

6.3 Develop stage 2 reforms Consideration of outcomes from public consultations, and development of legislation to implement stage 2 PID Act reforms

6.4 Reform implementation Implementation of reforms, including legislative amendments (subject to parliamentary passage of legislative reforms) and non-legislative measures such as training, education and other supports.