26 September 2023

PS whistleblowers to get better protection

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All NSW Public Sector Agencies, Statutory Bodies and local Councils are to be affected by new whistleblower-protection laws, which have been welcomed in an assessment report from the NSW Ombudsman.

In his Report, Special report by the NSW Ombudsman on the Public Interest Disclosures (PID) Bill 2021, Ombudsman, Paul Miller said the new Bill was a complete rewrite of its 1994 predecessor and responded to the 38 recommendations made by the 2017 Parliamentary Ombudsman Committee.

“The Bill is simpler and easier to navigate and contains fewer ‘trip hazards’ for would-be whistleblowers,” Mr Miller said.

“For example, as well as being able to report to the head of their Agency or to Agency-nominated ‘disclosure officers’, an official can report a public interest disclosure to their own manager,” he said.

“Whistleblowers will also be able to report wrongdoing directly to any integrity Agency.”

Mr Miller said those integrity Agencies would be required to ensure that the report was referred on, if necessary, to the most appropriate Agency to deal with it.

The Ombudsman said the Bill also extended protections to cover those who were involved in the investigation of public interest disclosures; imposed additional obligations on Agencies to adopt whistleblowing policies and ensure all staff received training; and provided for more comprehensive reporting about the number of disclosures received.

He said that, with one exception, all Parliamentary Ombudsman Committee recommendations would be implemented under the new Bill.

Mr Miller said the recommendation that would not be implemented related to disclosures to journalists and members of Parliament.

“We are confident that the Bill will better ensure that reports of wrongdoing are acted upon, and that reporters will be safer and feel more encouraged to come forward.”

“All Public Sector Agencies, Statutory Bodies and local Councils, as well as contracted service providers, will be affected by this new legislation, and will need to develop and implement new policies and training,” Mr Miller said.

The Ombudsman’s 70-page Report can be accessed at this PS News link.

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