Senate debates

Wednesday, 26 June 2013

Bills

Public Interest Disclosure Bill 2013, Public Interest Disclosure (Consequential Amendments) Bill 2013; Second Reading

1:51 pm

Photo of Arthur SinodinosArthur Sinodinos (NSW, Liberal Party, Shadow Parliamentary Secretary Assisting the Leader of the Opposition) Share this | Hansard source

As stated by Senator Brandis, we will be supporting the Public Interest Disclosure Bill 2013 and the Public Interest Disclosure (Consequential Amendments) Bill. I welcome these bills. As someone who has worked in government administration I am well aware of the difficulties whistleblowers face. The fact of the matter is that in many organisations, particularly at the senior levels, you do face a culture of group think and a very strong push towards conforming and telling people up the line what they want to hear. Often, that can lead to a situation where people go along with things that perhaps they should not go along with, and therefore you have a situation where other people of conscience or those who feel strongly about something want to have a capacity to express to someone their concern about what has happened within their organisation. It is always a very sad thing when you feel you cannot go to someone more senior in your organisation in order to make a point or disclose something that you believe should be disclosed. It goes to the point that I think Senator Milne made in her contribution: that, over and above whatever laws we have—and certainly we support the strengthening of the laws in this regard—it is about how you get cultural change in organisations so that people feel they can have the confidence to talk about these matters to more senior people or that all people in the organisation, for want of a better description, share a certain moral compass on issues.

A very big responsibility is placed on the chief executives of organisations and on their boards, to not only talk the talk but also to walk the walk when it comes to these matters. Those who transgress should be seen to be punished, so that everybody within the organisation gets the very strong feeling that those who do wrong will be punished and that senior people will not turn a blind eye to things.

I am aware of a number of whistleblower cases in the past, under both this and the previous government, where it would have benefited those individuals if this legislation had been in place. But, as I say, I think it is quite important that we get cultural change, and that goes to the way that some organisations constitute themselves. It is clear at the federal level that there have been a number of organisations over the years where dysfunction has seemed to continue, for all sorts of reasons, and people on both sides of politics, as ministers or whatever, have been unable to bring those organisations to heel and sort them out. So I think that is an ongoing challenge.

I am also aware of some cases where, as in the case mentioned by Senator Xenophon, I believe the persons involved have some right to feel aggrieved at the way they have been treated. It is not for me to make judgements on the matter here. I cannot go into it. But I do feel the person in question in that case was operating from the best of motives. So we have to support people who are trying to do the right thing. But, as I said, ultimately it is not just about laws; it is about the way organisations conduct themselves, and that is really the responsibility also of the leaders of those organisations.

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