A ‘cultural shift’ is needed

Jess Flint | The Advocate | 25 Feb 2023

A North-West councillor is crusading for better whistleblower protection, saying that the current systems are deterring public servants from coming forward.

“You have to be prepared to lose your job,” Waratah-Wynyard councillor Andrea Courtney said.

“You need to be financially and emotionally prepared if you’re going to report”.

A timely reminder Cr Courtney’s raised the issue of whistleblower protection at Monday night’s Waratah-Wynyard Council (WWC) meeting, and proved to be timely.

The following day, it was announced that the Ashley Youth Detention Centre whistleblower, Alysha, had settled her workers compensation case.

“It is critically important to safeguarding the vulnerable that whistleblowers can speak safely and be supported, not punished by their employers,” Alysha said.

Cr Courtney said that during her time as an employee of the Waratah-Wynyard Council, and after being stood-down, she had sought protection as a whistleblower, but found her options to be limited.

“The rules for the integrity commission are so defined, that there is very little they can look into,” she said.

“And with the ombudsman, you only get public interest disclosure protection, but it’s not deemed in the public interest to bring the council into disrepute.”

Independent Murchison MLC Ruth Forrest said that the experiences of high-profile whistleblowers has highlighted the real risks that a person takes when they choose to report.

“A person often pays with either being completely ostracised in their workplace or losing their employment,” she said.

“Andrea has been very passionate about this issue and took that risk… but the price has been high for her.

“It would absolutely put 99 per cent of people off”.

Ms Forrest added that a cultural shift is needed; “a cultural shift is just as important as a legislative change.

“We need a shift around respecting these people and believing them”.

Government ‘open to feedback’

A government spokesperson said that whistleblower protections had been strengthened under the Commissions of Inquiry Act 1995, allowing people to give evidence anonymously.

“If any further changes are required outside of a COI, we are always open to feedback and it will be considered if a need is identified.”

Cr Courtney said it would never be deemed in the public interest to reveal that the government has broken the law, but the government spokesperson denies this.

“I’d like the legislation to say, ‘where there is evidence of [the] breach being reported, the whistleblower is covered under the Act’,” Cr Courtney said.

Nelson independent MLC Meg Webb said that the commission of inquiry that is currently underway in Tasmania has demonstrated the importance of whistleblowers in exposing abuse of vulnerable people, and the systemic failures in government services and institutions.

“Given recent examples of whistleblowers being subjected to punitive and traumatising treatment from the government, we must review not just the legal protections provided but also the culture within government and the public service when it comes to how whistleblowers are treated and the support they receive”.

The government said that it will always encourage any person who wants to report any allegation of wrongdoing and abuse in any form to share their experiences.

Taking up the cause

Cr Courtney said she brought the issue to the table at the WWC meeting, because she believes that the council can show leadership in this area.

“All I can do is try and fix it at a local level, because the state government seems to have no appetite to protect its whistleblowers,” she said.

“Every whistleblower sacrifices themselves for the greater good.

“There needs to be an appetite to fix problems, not make whistleblowers go away”.

Ms Forrest commended Cr Courtney for speaking from personal experience on this issue.

“I think sometimes the only way we can get governments to act is when many people from a variety of walks of life have the courage to raise this issue and continue to raise it,” Ms Forrest said.

“I think every voice that adds to the chorus makes it harder to ignore.”

See more of Meg in the media.