Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

I thank members for their contribution to the debate on the Public Interest Disclosure Amendment (Review) Bill. As I said when I introduced this bill, the Albanese government is committed to restoring trust and integrity in government, and an effective public sector whistleblowing framework is essential in achieving this.

The bill is only the first stage of a process to comprehensively reform the Public Interest Disclosure Act to restore it to a best-practice whistleblowing framework, but it is an important first stage. This bill contains priority amendments to the act to implement long-overdue recommendations from the 2016 review of the Public Interest Disclosure Act 2013 conducted by former integrity commissioner Mr Philip Moss AM, the 2017 whistleblower protections report by the Parliamentary Joint Committee on Corporations and Financial Services, and the 2020 report of the inquiry into the impact of the exercise law enforcement and intelligence powers on the freedom of the press by the Parliamentary Joint Committee on Intelligence and Security.

These amendments will make immediate and significant improvements to the act to improve protections for both disclosers and witnesses; to focus the act on integrity wrongdoing, such as fraud and corruption; to enhance oversight of the scheme by the Commonwealth Ombudsman and the Inspector-General of Intelligence and Security; and to make the act easier for agencies to administer and for disclosers to engage with. The bill will also amend the National Anti-Corruption Commission legislation to ensure that the whistleblower protections in that framework remain closely aligned with those in the Public Interest Disclosure Act. These improvements are intended to be in place before the National Anti-Corruption Commission commences its operations in mid-2023.

With this bill, the Albanese government is taking an important first step in improving Australia's whistleblowing framework for the public sector. The legislation will strengthen protections for public sector whistleblowers and, in doing so, will support our broader efforts to restore integrity in government. The government recognises that some time has now passed since the recommendations of the Moss review and parliamentary committees were made and that the introduction of the National Anti-Corruption Commission will be a significant change to the Commonwealth's integrity framework.

Following the passage of this bill, the government will commence a second stage of reform. This will include public consultation on comprehensively redrafting the act to address the underlying complexity of the scheme and to provide effective and accessible protections to public-sector whistleblowers, and a discussion paper on whether there is a need to establish a whistleblower protection authority or commissioner. This staged approach to reform will allow sufficient time to closely examine what reforms may be required to ensure Australia has a best practice framework to protect whistleblowers beyond those recommended by the Moss review and parliamentary committees. Consultation on these further reforms will ensure they are not only shaped by users of the Public Interest Disclosure Act across government but also informed by experts and the general public to ensure Australia has a best practice scheme.

The Albanese government is committed not just to reforming the public sector whistleblowing framework but also to ensuring that it remains effective. That is why the government has included provision for a further statutory review of the act in five years time as a mechanism to address issues that may come to light through the practical operation of the legislation. It is, of course, my intention to bring forward legislation to implement the second stage of reforms well before that time, following consultation on the exposure draft legislation and discussion paper this year. Nevertheless, this review provision is a marker of the government's enduring commitment to integrity and accountability, and to maintaining public trust in government.

Throughout this debate we've heard a broad consensus on the importance of a strong and effective public sector whistleblowing framework. We've also heard differing views on some aspects of the legislation. It should be clear to all that the government is committed to ensuring the effectiveness of these reforms and of the public sector whistleblowing framework more broadly. We look forward to receiving the report of the Senate Legal and Constitutional Affairs Legislation Committee on the bill, and we'll consider any recommendations it may make, as well as issues raised by members in this debate. While there's been support for this bill as a welcome step in improving whistleblower protections, issues raised during the debate, such as the need to establish a whistleblower protection commissioner or authority, will also be considered as part of the proposed stage 2 reform process that I've outlined.

Australians rightly expect honesty, accountability and integrity in government. With this bill, the Albanese government is taking an important first step in improving Australia's whistleblowing framework for the public sector. It will contribute directly to the important work of the National Anti-Corruption Commission by making immediate amendments to strengthen protections for whistleblowers. It will complement the work the Minister for Finance and I are doing to ensure Commonwealth agencies take measures to prevent, detect and deal with corruption by creating new requirements in the Public Governance, Performance and Accountability Rule 2014. And it will complement the work we are doing to restore trust and confidence in Australia's administrative review framework by ensuring that public officials can blow the whistle on maladministration, fraud and corruption in government. The bill will strengthen public sector whistleblower protections and, in doing so, will support our efforts to restore integrity in government. I commend the bill to the House.

Question agreed to.

Bill read a second time.

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