Footnotes

CHAPTER 1 - INTRODUCTION

[1]        Votes and Proceedings, No. 160, 21 March 2013, p. 2198.

[2]        Journals of the Senate, No. 143, 21 March 2013, pp 3865-3867.

[3]        Explanatory Memorandum (EM), p. 2.

[4]        See House of Representatives Standing Committee on Legal and Constitutional Affairs, Whistleblower protection: a comprehensive scheme for the Commonwealth public sector, February 2009, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=laca/whistleblowing/report.htm (accessed 10 May 2013);

Government Response to the House of Representatives Standing Committee on Legal and Constitutional Affairs report on Whistleblower protection: a comprehensive scheme for the Commonwealth public sector, tabled 17 March 2010, available at: https://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=laca/reports.htm (accessed 10 May 2013).

[5]        The Hon Mark Dreyfus QC MP, Second Reading Speech, House of Representatives Hansard, 21 March 2013, p. 2897.

[6]        The Hon Mark Dreyfus QC MP, Second Reading Speech, House of Representatives Hansard, 21 March 2013, p. 2896.

[7]        'Public official' is defined in clause 69.

CHAPTER 2 - KEY ISSUES

[1]        Community and Public Sector Union (CPSU), Submission 5, p. 1; Australian Council of Trade Unions, Submission 6, p. 2; Rule of Law Institute of Australia, Submission 8, p. 2; Professor AJ Brown, Committee Hansard, 24 May 2013, p. 6; Dr Suelette Dreyfus, Committee Hansard, 24 May 2013, p. 7. The committee notes that all submissions received from Australian Government departments and agencies were fully supportive of the Bill: see Australian Security Intelligence Organisation and Australian Secret Intelligence Service, Submission 7, p. 4; Department of Veterans' Affairs, Submission 11, p. 1; Department of Immigration and Citizenship, Submission 16, p. 1; Australian Customs and Border Protection Service, Submission 26, p. 5. The committee also notes that the independent statutory agencies to be given oversight of the scheme were supportive of the Bill: see Commonwealth Ombudsman, Submission 3, p. 6; Inspector-General of Intelligence and Security, Submission 10, p. 4.

[2]        See, for example, Dr Suelette Dreyfus, Submission 14, p. 9; Mr Howard Whitton, Submission 25, pp 3-4; Professor AJ Brown, Committee Hansard, 24 May 2013, p. 6; Dr Gabrielle Appleby, Committee Hansard, 24 May 2013, p. 16.

[3]        Submission 14, p. 9.

[4]        Committee Hansard, 24 May 2013, p. 6.

[5]        Submission 28, p. 5.

[6]        Submission 17, p. 2.

[7]        Submission 25, pp 3-4.

[8]        Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 28.

[9]        Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 28.

[10]      'Principal officer' is defined in clause 73.

[11]      'Authorised officer' is defined in clause 36.

[12]      Answers to questions on notice, received 20 May 2013, pp 2-3, referring to paragraphs 59(3)(b) and (c) (Additional obligations of principal officers) and paragraph 62(b) (Additional functions of the Ombudsman) and paragraph 63(b) (Additional functions of the IGIS).

[13]      See, for example, Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, pp 5-9; Australian Broadcasting Corporation (ABC), Submission 12, pp 6-7; Blueprint for Free Speech, Submission 13, pp 3-6; Accountability Round Table, Submission 17, pp 11-12.

[14]      See, for example, CPSU, Submission 5, p. 4; Joint Media Organisations, Submission 19, p. 3; Law Council of Australia, Submission 24, p. 10.

[15]      Item 2 of the table in subclause 26(1). A number of submissions expressed concern about the requirement that an external disclosure must not contain or include 'intelligence information'. This issue is discussed further later in this chapter.

[16]      See, for example, CPSU, Submission 5, pp 4-5; Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, pp 5-9; Dr Suelette Dreyfus, Submission 14, p. 5.

[17]      Submission 24, p. 10. See also, CPSU, Submission 5, p. 4.

[18]      Paragraph (e) of item 2 of the table in subclause 26(1).

[19]      See, for example, Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, pp 7-8; ABC, Submission 12, p. 7; Blueprint for Free Speech, Submission 13, pp 5-6; Tax Justice Network Australia, Submission 27, p. 8.

[20]      Submission 9, p. 8, emphasis in original.

[21]      Submission 13, p. 5.

[22]      Submission 13, p. 6, emphasis in original.

[23]      Submission 28, p. 7.

[24]      Explanatory Memorandum (EM), p. 15.

[25]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 36.

[26]      Paragraph (d) of item 2 of the table in subclause 26(2).

[27]      Subclause 52(1) provides that an investigation must be completed within 90 days of the allocation to the agency concerned. Subclauses 52(3) and (4) provide for extensions of 90 days and for further extensions (which may exceed 90 days).

[28]      EM, p. 20. Subclause 38(2) provides that, to the extent that a response to an investigation under Part 3 has been taken, is being, or is to be taken by a Minister or either of the Presiding Officers of the Houses of the parliament, the response is for the purposes of the Bill taken not to be inadequate (EM, p. 20).

[29]      EM, p. 20. Subclause 39(2) provides that to the extent that a response to an investigation has been taken, is being, or is to be taken by a Minister or either of the Presiding Officers of the Houses of the parliament, the response is for the purposes of the Bill taken not to be inadequate (EM, p. 20).

[30]      Submission 9, pp 6-7.

[31]      Submission 28, p. 10. See also, Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, p. 7; CPSU, Submission 5, p. 4.

[32]      Answers to questions on notice, received 20 May 2013, p. 7.

[33]      Answers to questions on notice, received 20 May 2013, pp 7-8.

[34]      See, for example, Blueprint for Free Speech, Submission 13, p. 4; Dr Suelette Dreyfus, Submission 14, p. 5.

[35]      Submission 13, p. 4. See also, Dr Suelette Dreyfus, Submission 14, p. 5; Professor AJ Brown, Submission 28, p. 11.

[36]      Submission 14, p. 5.

[37]      Committee Hansard, 24 May 2013, p. 10; Submission 13, pp 4-5, respectively. A similar test is used in subsection 27(2) of the Public Interest Disclosure Act 2012 (ACT).

[38]      Committee Hansard, 24 May 2013, p. 12.

[39]      Answers to questions on notice, received 20 May 2013, p. 8.

[40]      Answers to questions on notice, received 20 May 2013, p. 8.

[41]      See, for example, CPSU, Submission 5, pp 3-4; Accountability Round Table, Submission 17, p. 8. 'Authorised internal recipient' is defined in clause 34.

[42]      Submission 5, p. 3.

[43]      Committee Hansard, 24 May 2013, pp 2-3.

[44]      Submission 9, pp 2-3. See also, Professor AJ Brown, Submission 28, p. 5.

[45]      Submission 17, p. 8.

[46]      CPSU, Submission 5, pp 3-4; Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, p. 3; Accountability Round Table, Submission 17, p. 8; Professor AJ Brown, Submission 28, p. 5. Paragraph 17(3)(d) of the Public Interest Disclosure Act 2010 (Qld) provides for disclosure to 'another person who, directly or indirectly, supervises or manages the person'.

[47]      Answers to questions on notice, received 20 May 2013, p. 6.

[48]      Answers to questions on notice, received 20 May 2013, p. 6.

[49]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 29.

[50]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 29.

[51]      Item 3 of the table in subclause 26(1).

[52]      See, for example, ABC, Submission 12, pp 6-7; Accountability Round Table, Submission 17, p. 7; Joint Media Organisations, Submission 19, pp 3-4; Law Council of Australia, Submission 24, pp 11-12.

[53]      Submission 12, pp 6-7. See also, Joint Media Organisations, Submission 19, pp 3-4.

[54]      Submission 24, p. 11.

[55]      Submission 17, p. 7.

[56]      Submission 19, p. 4, emphasis in original. See also, ABC, Submission 12, pp 6-7; Law Council of Australia, Submission 24, pp 11-12.

[57]      Answers to questions on notice, received 20 May 2013, p. 9. Recommendation 21 of the House of Representatives Committee's report was that public interest disclosure legislation should 'protect disclosures made to the media where the matter has been disclosed internally and externally, and has not been acted on in a reasonable time having regard to the nature of the matter, and the matter threatens immediate serious harm to public health and safety': see House of Representatives Standing Committee on Legal and Constitutional Affairs, Whistleblower protection: a comprehensive scheme for the Commonwealth public sector, February 2009, p. 164.

[58]      Answers to questions on notice, received 20 May 2013, p. 9.

[59]      Answers to questions on notice, received 20 May 2013, p. 9.

[60]      Accountability Round Table, Submission 17, pp 5-6; Professor AJ Brown, Submission 28,
pp 6-7.

[61]      Submission 14, p. 2.

[62]      Submission 28, p. 6.

[63]      Submission 17, pp 5-6.

[64]      Submission 17, p. 6.

[65]      Committee Hansard, 24 May 2013, p. 21.

[66]      EM, p. 18.

[67]      Paragraph (h) of item 2, paragraph (f) of item 3 and paragraph (c) of item 4 of the table in subclause 26(1), respectively.

[68]      Submission 12, p. 5.

[69]      Committee Hansard, 24 May 2013, p. 7. The test described by Dr Dreyfus is that used in the Public Interest Disclosure (Whistleblower Protection) Bill 2012, introduced by Mr Andrew Wilkie MP. See also, Blueprint for Free Speech, Submission 13, p. 6.

[70]      Committee Hansard, 24 May 2013, pp 21-22.

[71]      Submission 7, pp 1-2.

[72]      EM, p. 20.

[73]      Answers to questions on notice, received 20 May 2013, p. 9.

[74]      See, for example, CPSU, Submission 5, p. 5; Australian Council of Trade Unions, Submission 6, p. 2; Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, pp 3-4; ABC, Submission 12, p. 2; Joint Media Organisations, Submission 19, p. 9; Law Council of Australia, Submission 24, p. 6.

[75]      Submission 5, p. 5.

[76]      Answers to questions on notice, received 20 May 2013, p. 4.

[77]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 28.

[78]      Subclause 69(4) provides, for the avoidance of doubt, that a judicial officer or a members of a Royal Commission are not public officials for the purposes of the Bill.

[79]      House of Representatives Standing Committee on Legal and Constitutional Affairs, Whistleblower Protection: a comprehensive scheme for the Commonwealth public sector, Recommendation 4, p. 55.

[80]      Government Response to the House of Representatives Standing Committee on Legal and Constitutional Affairs report on Whistleblower protection: a comprehensive scheme for the Commonwealth public sector, tabled 17 March 2010, p. 5.

[81]      See, for example, Blueprint for Free Speech, Submission 13, pp 6-7; Joint Media Organisations, Submission 19, pp 8-9.

[82]      Submission 17, p. 4.

[83]      See, for example, Joint Media Organisations, Submission 19, p. 8; Mr Howard Whitton, Submission 25, p. 5.

[84]      Submission 14, p. 10.

[85]      Submission 28, p. 5. See also, Accountability Round Table, Submission 17, p. 5.

[86]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 33. See also, Department of the Prime Minister and Cabinet, answers to questions on notice, received 20 May 2013, p. 6.

[87]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 30; Department of the Prime Minister and Cabinet, answers to questions on notice, received 20 May 2013, p. 8. See also, Law Council of Australia, Submission 24, p. 11.

[88]      Submission 19, p. 5.

[89]      Submission 14, p. 11. See also, Blueprint for Free Speech, Submission 13, pp 11-12.

[90]      Answers to questions on notice, received 20 May 2013, p. 8.

[91]      Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 30.

[92]      Submission 1, p. 2.

[93]      Submission 1, p. 5.

[94]      Submission 1, p. 6.

[95]      Submission 1, p. 7, referring to Australian Law Reform Commission, Secrecy Laws and Open Government in Australia, 2009, paragraphs 16.195-8, pp 595-6.

[96]      Submission 1, p. 7.

[97]      House of Representatives Standing Committee on Legal and Constitutional Affairs, Whistleblower Protection: a comprehensive scheme for the Commonwealth public sector, Recommendation 24, p. 166.

[98]      Answers to questions on notice, received 20 May 2013, p. 11.

[99]      Answers to questions on notice, received 20 May 2013, p. 11.

[100]    Answers to questions on notice, received 20 May 2013, p. 11.

CHAPTER 3 - COMMITTEE VIEW AND RECOMMENDATIONS

[1]        Ms Renée Leon, Department of the Prime Minister and Cabinet, Committee Hansard, 24 May 2013, p. 36.

[2]        Dr Gabrielle Appleby, Dr Judith Bannister, Ms Anna Olijnyk, Submission 9, pp 2-3. See also, Professor AJ Brown, Committee Hansard, 24 May 2013, p. 12.

[3]        Government Response to the House of Representatives Standing Committee on Legal and Constitutional Affairs report on Whistleblower protection: a comprehensive scheme for the Commonwealth public sector, tabled 17 March 2010, p. 14, in response to Recommendation 21.

[4]        Submission 1, p. 7, emphasis in original.

[5]        Clause 74.

[6]        Submission 3, p. 3.

ADDITIONAL COMMENTS BY THE AUSTRALIAN GREENS

[1]        Law Council of Australia, Submission 24, p. 11; ABC, Submission 12, pp 6-7; Joint Media Organisations, Submission 19, pp 3-4; Accountability Round Table, Submission 17, p. 7. 

[2]        ABC, Submission 12, p. 5.

[3]        Dr Suelette Dreyfus, Submission 14. p. 4.