Andrew Wilkie (Clark, Independent) Share this | Link to this | Hansard source

My question is to the Prime Minister. Prime Minister, the first person on trial for the alleged Afghanistan war crimes is whistleblower David McBride, and the only person before a court for the proven misconduct by the Australian Taxation Office is whistleblower Richard Boyle, all of which is unconscionable and unfathomable, because McBride and Boyle are the heroes here, not the villains. So, Prime Minister, will you call off your dogs? Will you instruct the Attorney-General to drop the charges immediately?

Milton Dick (Speaker) Share this | Link to this | Hansard source

Before the Attorney-General takes the call, I'll allow him to pause a moment so I can hear a point of order.

Dan Tehan (Wannon, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

Mr Speaker, I respectfully ask that that question be asked again, without the reference—if I heard it correctly—to 'dog', because I think it is unparliamentary and should not have been used. If it was a reference to either the Attorney-General or our intelligence agencies, that is completely unacceptable. So I would ask that the question be asked again, if I heard it correctly.

Milton Dick (Speaker) Share this | Link to this | Hansard source

To assist the House, I will ask the member to withdraw that part of the question.

Andrew Wilkie (Clark, Independent) Share this | Link to this | Hansard source

To assist the House, I will withdraw the figure of speech. And I'll ask the question again, Mr Speaker?

Milton Dick (Speaker) Share this | Link to this | Hansard source

The question was clear. I thank the member and I thank the member for Wannon.

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

I thank the Prime Minister for the opportunity to respond to this question. The member for Clark has raised concerns about war crimes and about the prosecution of Mr David McBride and Mr Richard Boyle. In relation to war crimes, members should be aware that, following an investigation by the Office of the Special Investigator, a former SAS soldier has been charged with a war crime under Australian law, and his matter is currently before the courts. I am sure that the member for Clark is aware of this and I am sure that the member for Clark supports the ongoing work of the Office of the Special Investigator, which of course is responsible for war crimes investigations.

I am strongly of the view that integrity and the rule of law are central to Australia's criminal justice arrangements. The Attorney-General does have the power to discontinue proceedings, and I'm sure that the member for Clark would understand that that power of the Attorney-General is reserved for very unusual and exceptional circumstances. As Mr McBride's proceeding and Mr Boyle's proceeding both remain ongoing, it's inappropriate for me to comment further on the particulars of their matters, but I would note that the government is committed to delivering—

Milton Dick (Speaker) Share this | Link to this | Hansard source

The Attorney-General will pause. The member for Clark on a point of order?

Andrew Wilkie (Clark, Independent) Share this | Link to this | Hansard source

On relevance, Mr Speaker. If the whistleblower with regard to the Afghanistan war crimes isn't an exceptional situation in the public interest then I—

Milton Dick (Speaker) Share this | Link to this | Hansard source

Resume your seat. It doesn't work that way. The minister is being relevant to the question.

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

I'll say again that it is not appropriate for me to comment on the matters, which are both before the courts. But I do take this opportunity to note that the government is committed to delivering strong, effective and accessible protections for whistleblowers. The government has already delivered priority amendments to the Public Interest Disclosure Act. We are going to commence a second stage of reforms, which will include public consultation on broader reforms to the Public Interest Disclosure Act to provide accessible and effective protections to public sector whistleblowers and address the underlying complexity of the current scheme. The consultation will also include the need for additional supports for whistleblowers, which may include such amendments as including a whistleblower protection authority or a whistleblower protection commissioner.

The government is delivering on its commitment to ensure that Australia has effective frameworks to protect whistleblowers which are critical to supporting integrity and the rule of law. The reforms that we have made and reforms which are coming are long overdue. There is significant reform which is required to restore the Public Interest Disclosure Act to a scheme that provides strong protection for public sector whistleblowers.