The document discusses whistleblowing and public interest disclosure from an Australian perspective, focusing on Commonwealth and Queensland models. It defines whistleblowing and outlines key aspects of relevant legislation, including the Public Interest Disclosure Act 2010 in Queensland. The Act established a different model from the Commonwealth, specifying journalists as recipients for disclosure, fewer exemptions, and broader protections for disclosers.

1. Whistleblowing while
you Work

2. • Recent history
• Australian Commonwealth perspective
• Queensland model
• Discussion
Plan for Discussion

3. • Definition of Whistleblowing
• Fitzgerald Inquiry
• Whistleblowers Protection Act 1994 (Qld)
 obligations to act on disclosures
 obligations to protect disclosers
 defences against liability
 criminalisation of reprisals
 rights to compensation
• Public Interest Disclosure Act 2010 (Qld)
History in Australia

4. • Objectives Public
Interest Disclosure Act 2013 (Cth)
 Commonwealth Public Sector integrity
 facilitate disclosure by public officials
 protect public official disclosers
 proper investigation of disclosures
Australian Perspective

5. • Exemption from all liability
• Protection from reprisal
• Entitlement to Court Orders
• Criminal sanctions
Protecting Public Interest Disclosers

6. • Disclosure by public official
• Disclosure to approved recipient
• Disclosure under specified conditions
 internal disclosure
 external disclosure
 emergency disclosure
 legal practitioner disclosure
What is Public Interest Disclosure?

7. • Disclosable conduct
 Conduct by agency or public official –
 contrary to Australian or foreign law
 perverting course of justice
 involving corruption
 maladministration
 wastage of public resources
 endangering persons or environment
 Not disagreement with government policy
Fundamental Requirement of Disclosure

8. • Obligation to investigate
• Exceptions
 discloser not a public official
 frivolous or vexatious disclosure
 prior investigations
• Reports to discloser and oversight body
• Requirements for investigation
• Standards for investigations
Investigations of Public Interest Disclosures

9. Public Interest Disclosure Act 2010 (Qld) -
a different model
• specified recipients for disclosure
 journalists
• fewer exemptions from disclosure
 Courts and Tribunals
• broader protection for disclosers
 Relocation to avoid reprisal
Queensland Perspective

10. Peter Bolam | Consultant
P: +61 7 3223 9139
F: +61 7 3221 5518
E: peter.bolam@brhlawyers.com.au
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