Queensland’s public sector whistleblowing legislation has come under the spotlight, prompting a recent review by Alan Wilson KC. Its recommendations advocate for a transformative shift, specifically the introduction of a new act to replace the existing Public Interest Disclosure Act 2010 (PID Act).
The purpose of the PID Act, which has been in force since 1 January 2011, is to prevent, expose and combat wrongdoing and corruption in Queensland’s public sector. It encourages whistleblowers to make confidential disclosures of wrongdoing by offering them legal protections and obliging public sector agencies to act on receipt of a public interest disclosure. The PID Act also supports Australia’s commitment to its international obligation in accordance with the United Nations Convention Against Corruption, the Organisation for Economic Co-operation and Development (OECD) and other G20 protocols.
However, the act has already been the subject of multiple reviews calling for change. The original PID Act review conducted by the Office of the Queensland Ombudsman in 2017 resulted in 40 recommendations, including a suggestion to amend the PID Act to reflect current best practice. Then, in June 2022, Professor Peter Coaldrake issued a report, Let the sunshine in: Review of culture and accountability in the Queensland public sector, which recommended the Queensland government proceed with a review of PID legislation as a matter of urgency, and at least within the next six months.
Appointed in late 2022 by the Queensland government, Mr Wilson’s review assesses whether the protections afforded to public interest disclosures under the PID Act remained effective and appropriate. It seeks to ensure that Queensland’s whistleblowing laws reflect international best practice and recent developments in other jurisdictions, including the introduction of new whistleblower legislation in New Zealand last year.
Drawing inspiration from the Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ), one of the key recommendations is to repeal the PID Act and replace it with a new act that is drafted in a simple and user-friendly manner so that its concepts can be grasped by a broader audience.
The recommendations also suggest the act aims for a higher threshold when evaluating PIDs and recommends that the definition be expanded beyond the current types of conduct caught by the legislation to include serious or systemic wrongdoing that threatens the public sector or public interest. It also recommends additional funding for the ombud so that the scheme could be “much more effectively overseen … if it was properly resourced”.
The 2023 report, based on broad consultation with stakeholders and consideration of more than 60 submissions, is titled Final report – Review of the Public Interest Disclosure Act 2010. It was publicly released on 8 August 2023 and presents 107 recommendations to the Queensland government.
The release of the report is timely given the recent amendments to the Public Interest Disclosure Act 2013 (Cth), which strengthens protections for disclosures, introduces protections for witnesses, and enforces ongoing training and education for public officials.
The Queensland government’s consideration of the 107 recommendations outlined in the report is expected to be released soon. All public sector agencies should ensure their whistleblower practices are compliant with any legal changes to adequately protect whistleblowers and avoid penalties for non-compliance.
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