Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Hansard source

The government will not be supporting these amendments. The Aged Care Bill introduces a new expanded whistleblower framework to ensure that anyone is protected if they make a whistleblower disclosure about aged care. Whistleblowers will be protected from any civil, criminal or administrative liability, including disciplinary action. No contractual or other right or remedy may be exercised against a whistleblower on the basis of a disclosure.

The identity of whistleblowers will be also protected and not be disclosed except in limited circumstances, or with the consent of the whistleblower. An example of a circumstance in which their identity may be disclosed includes, where necessary, to lessen or prevent a serious threat to safety, health or wellbeing. Neither a whistleblower nor any individual who employs or is associated with them may be victimised or threatened by any entity as a result of making a protected disclosure or for intending to make such a disclosure. For example, if a family member or staff member makes a disclosure on behalf of an older person, the older person must also not be victimised under the bill.