Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

On behalf of the Standing Committee on Social Policy and Legal Affairs, I present the committee's advisory report on the Public Interest Disclosure (Whistleblower Protection) Bill 2012, the Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill 2012 and the Public Interest Disclosure Bill 2013, together with the minutes of proceedings and evidence received by the committee.

In accordance with standing order 39(f) the report was made a parliamentary paper.

by leave—On 1 November 2012 the Selection Committee referred the Public Interest Disclosure (Whistleblower Protection) Bill 2012 and the associated Public Interest Disclosure (Whistleblower Protection) (Consequential Amendments) Bill 2012 to the House of Representatives Standing Committee on Social Policy and Legal Affairs for inquiry and report.

The Selection Committee suggested that the committee further examine the detail contained within the bills and any unintended consequences that may follow.

On 21 March 2013 the Selection Committee referred the Public Interest Disclosure Bill 2013 to the House of Representatives Standing Committee on Social Policy and Legal Affairs for inquiry and report.

The Selection Committee suggested that the committee consider the circumstances under which a protected disclosure may take place.

The committee conducted separate inquiries for each bill and has chosen to present the results of both inquiries in the one report.

The bills propose two different public interest disclosure schemes for the Commonwealth public sector.

The Public Interest Disclosure (Whistleblower Protection) Bill 2012 aims to strengthen public integrity by encouraging and facilitating the disclosure of corruption, maladministration and other wrongdoing in the Commonwealth public sector. It will do so by providing protection for public officials to make such disclosures.

The second bill, the Public Interest Disclosure Bill 2013, aims to encourage a pro-disclosure culture by facilitating disclosure and investigating wrongdoing and maladministration in the Commonwealth public sector. It will promote the integrity and accountability of the Australian government public sector.

The emphasis of the scheme is on disclosures of wrongdoing being reported to and investigated within government. This emphasis is designed to ensure that problems are identified and rectified. The bill establishes a scheme with clear procedures for officials to follow when a disclosure of suspected wrongdoing is reported.

The committee notes the strong support for a public interest disclosure scheme. The committee considers that legislation for public interest disclosure is overdue and welcomes the introduction of these public interest disclosure bills.

On balance, it is the view of the committee that the Public Interest Disclosure Bill 2013 is more appropriately situated in terms of providing a comprehensive framework for public interest disclosures across the Commonwealth public sector.

Given that there is a view from stakeholders that introduction of public interest disclosure legislation is long overdue, and the expectation that the final sitting day of the 43rd Parliament will be 27 June 2013, this committee urges the Senate Legal and Constitutional Affairs Committee to conclude its deliberations on this bill as a matter of urgency so that the bill may be considered by both Houses prior to the parliament rising for the election.

The committee unanimously recommends passing the Public Interest Disclosure Bill with due consideration given to some of the issues raised in the committee's advisory report.

I thank the Deputy Chair and committee and secretariat for the work in this report and commend it to the chamber.

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