Page 1292 - Week 04 - Wednesday, 3 April 2019

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accountability aims; (c) the matters raised in submission No 3 (as detailed in paragraph 3.162) to the Inquiry as it concerns the PID Act; (d) application of the PID Act to any future ACT Anti-Corruption and Integrity Commission (ACIC)—in particular, its articulation with any protected disclosure provisions that may apply to any informants providing assistance to the ACIC or anyone consequently at risk; and (e) the suitability of an ACT ACIC for the purposes of receiving disclosures pursuant to the PID Act;

(g) the Government agreed to Recommendation 54 of the Select Committee on an Independent Integrity Commission 2018’s report tabled on 31 October 2018, Inquiry into the establishment of an integrity commission for the ACT report; and

(h) Recommendation 54 of the Inquiry into the establishment of an integrity commission for the ACT report states:

the Committee recommends that the ACT Government establish a comprehensive review of the Public Interest Disclosure Act 2012 as soon as is possible with the aim of having changes implemented by 2020; and

(2) calls on the Government to:

(a) commence an independent review of the existing whistleblower mechanisms, including the PID Act, by 1 July 2019 and take into consideration relevant recommendations from interjurisdictional reports and the operation of the ACT Integrity Commission;

(b) work with the independent reviewer to facilitate appropriate consultation with interested parties, including the ACT Integrity Commission and members of the public;

(d) present final legislation during the first sitting week of 2020.

Madam Speaker, it is clear that the current whistleblower processes and opportunities are not working. It is extremely difficult for individuals to call out behaviour that is unethical or perhaps even illegal in the ACT. You should not need to engage a lawyer before you can bring something to the attention of somebody in authority, especially for serious governance issues that we have seen in the territory. I am amazed that nobody seems to have come forward. That is not because I think that everybody thought what was happening in the LDA was okay but more because nobody felt comfortable or confident enough to speak out. We have heard reports that individuals who do make complaints have been intimidated, harassed or discriminated against, suffered disciplinary action or even lost their jobs for speaking out. This is unacceptable.

There is no reason why Canberra, the heart and home of the public service in Australia, should not have the best whistleblower protections for reporting poor behaviour in government. I believe that we in the ACT government should be setting the standard for all other governments to follow. I believe the ACT should be a jurisdiction renowned for its integrity. However, I do not think anybody could say that about us at the moment.

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