Nick Xenophon (SA, Independent) Share this | Hansard source

I will try to do this in 60 seconds or less, because I know Senator Sinodinos has a contribution to make. I support these bills. I believe these matters should go further. I note the work that a number of successive ministers have done on this, including Senator Ludwig and Senator Faulkner as well as Mr Dreyfus, the Attorney-General. I am concerned that these bills would still fail the litmus test—the Allan Kessing case. Whilst the legislation provides a mechanism for greater internal scrutiny, it does not protect those whistleblowers who feel that they must go public in relation to their concerns. I want to correct something, not in a dismissive way, but just to clarify what Senator Milne said. I admire and am grateful for her support of Allan Kessing, whom I know very well and who I believe does deserve a pardon. Mr Kessing maintains his innocence, maintains that he never leaked those documents, and I believe him. Although he was convicted, the issue is that if we had appropriate whistleblower protection laws he never would have been prosecuted in the first place. My fear is that this bill, whilst an improvement—much work has been done—will not deal with the fundamental issues at stake in relation to people who have information, such as Mr Kessing.

Finally, I note that the coalition will not be supporting the amendments. Perhaps I could get a quick indication from Senator Ludwig, from the government, in relation to this. At least Senator Brandis said it was worthy. I guess I will have to take that compliment, and maybe the amendments I am seeking to move will find another place through the Telecommunications (Interception and Access) Act.