David Pocock (ACT, Independent) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum, and I seek leave to have the second reading speech incorporated in Hansard.

The speech read as follows—

Thirty years ago, a Senate Select Committee on Public Interest Whistleblowing handed down a report titled In the Public Interest.

A centrepiece of the report was a recommendation to create a dedicated body to protect whistleblowers and act on their disclosures. The recommendation was, in effect, for the establishment of a Whistleblower Protection Authority.

The idea of a Whistleblower Protection Authority was considered radical in 1994. Back then, whistleblowers were too often cast as traitors—people to shun, not celebrate.

Fast-forward thirty years, and things have changed. Now, we better understand the true value of whistleblowers. They are an important part of accountability and a healthy democracy—risking their jobs, reputations, and safety to shine a light on wrongdoing.

But for all that risk, we've fallen short. For decades, whistleblowers have had to fend for themselves. And today, the need for a Whistleblower Protection Authority is greater than ever.

It's time we finally gave whistleblowers the support they deserve—because when they are protected, all of us benefit.

Since the publication of In the Public Interest thirty years ago, there are many who have pushed for better protections for whistleblowers, and I would like to acknowledge the incredible work of advocates for a Whistleblower Protection Authority across the Parliament.

Andrew Wilkie, the Member for Clark, has been at the forefront, drawing on his own experience as a whistleblower to push for change with conviction and courage.

Dr Helen Haines, the Member for Indi, embedded a Whistleblower Protection Authority in her Federal Integrity Commission Bill, showing the foresight needed to create lasting integrity.

And the Greens, including Senator Shoebridge, have been calling for better protections too.

The urgency of this issue becomes painfully clear when you hear the stories of whistleblowers—people who tried to do the right thing but paid a heavy price. These are not theoretical debates—these are real lives, with real consequences.

Jeannie-Marie Blake, a Centrelink employee, saw the warning signs of the Robodebt disaster long before it exploded into public view.

She tried to stop it, raising concerns about the harm it would cause to Australia's most vulnerable all the way back in 2016. But instead of support, she was met with silence—and worse, denial.

Her managers were unwilling to listen to her and effectively told her to "stop complaining" or find another job.

But she couldn't let it go. Testifying before the Royal Commission into Robodebt seven years after she first raised concerns, Blake described the toll of standing against unethical practices, all while trying to support her family as a single mother of three children.   

She told the Commission that she "couldn't sleep at night knowing what we were doing."

Despite the immense personal cost, she kept fighting, guided by the moral compass her father instilled in her. But by the time her voice was heard, it was too late for the many people who lost their lives or faced life-altering hardships because of Robodebt.

Imagine how different things could have been if a Whistleblower Protection Authority had existed—empowering Jeannie-Marie to raise the alarm before it was too late.

We know that hundreds, if not thousands, of Australians died due to Robodebt. How many lives could have been saved? How much suffering could have been prevented if whistleblowers had been properly supported?   .Then there's Richard Boyle, who—as many of us know—blew the whistle on aggressive debt-collection tactics harming small businesses.

Boyle has paid an incredibly high cost of speaking out.

The ATO and Federal Police raided his home, and he faces criminal charges that could put him behind bars for up to 46 years.

As a Senator, I've witnessed firsthand the consequences of not having a Whistleblower Protection Authority.

Dozens of people have contacted my office in the past couple of years, hoping to use parliamentary privilege as their last resort to expose wrongdoing.

One example involves an employee of Santos, who came forward after witnessing a 25,000-litre oil spill off Varanus Island in Western Australia.

This spill likely caused the deaths of dolphins and other marine life, but Santos downplayed it as a "minor incident."   

Frustrated by the lack of investigation, the whistleblower collected documents and videos, ultimately bringing them to my office to be tabled in the Parliament.

Nearly two years later, they still live in fear of legal retribution from Santos.

While I am grateful to use my platform to advocate for whistleblowers, parliamentarians are no substitute for greater whistleblower protections in our laws and a dedicated Whistleblower Protection Authority.

Parliamentarians often lack the resources and expertise to properly support whistleblowers and protect them from retaliation.

As the title suggests, this Bill establishes the Whistleblower Protection Authority, an independent statutory authority responsible for providing information, advice, assistance, guidance and support to whistleblowers and potential whistleblowers.

The Authority will consist of a Whistleblower Protection Commissioner, Deputy Commissioners, a Chief Executive Officer and appropriately experienced and trained staff. It will be empowered to receive and facilitate the investigation of whistleblower disclosures; assist whistleblowers and potential whistleblowers; investigate the mistreatment of whistleblowers; and undertake enforcement activities as necessary. Importantly, the Authority will conduct research and policy work in relation to the efficacy of Australia's whistleblower protection laws; and will monitor, educate and advise on how to prevent detrimental actions against whistleblowers.

The Bill also establishes a Whistleblower Protection Advisory Board to provide advice to the Commissioner, and the Parliamentary Joint Committee on the Whistleblower Protection Authority to appoint the Commissioner, and to monitor and review the performance of the Commissioner.

This Bill has been drafted in consultation with experts who specialise in whistleblower protections. In particular, I would like to thank Kieran Pender and Madeleine Howle from the Human Rights Law Centre, and Professor AJ Brown AM from Griffith University, who is also Chair of Transparency International Australia, for their engagement on this Bill.

A Whistleblower Protection Authority is long overdue and something the Labor Party promised before the 2019 Election. My crossbench colleagues and I are ready to work collaboratively with the Government to reform our country's whistleblower protection laws, and it starts today with this Bill. I urge the Government to get on board or get out of the way, so we can ensure whistleblowers are protected, not punished, prosecuted or imprisoned.

I commend this Bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.