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AAP
AAP
Politics
Dominic Giannini

Ombudsman 'a promising step' to protect whistleblowers

Whistleblowers can still be prosecuted and jailed in Australia, prompting calls for reform. (Mick Tsikas/AAP PHOTOS)

People looking to blow the whistle on wrongdoing but who fear repercussions could get more protection under a watchdog.

Attorney-General Michelle Rowland has proposed a whistleblower ombudsman that has oversight of the Public Interest Disclosure Act, under which whistleblowers are supposed to be protected.

However, human rights groups have been critical of its operation in practice due to a lack of success in courts using the protections afforded by the laws.

Groups like the Human Rights Law Centre, alongside independent parliamentarians, have championed a whistleblower protection authority as a standalone, independent body that could assist people who come forward.

Ms Rowland said the ombudsman would have oversight of the disclosure laws to ensure cases are correctly responded to, and would employ dispute resolution functions and investigate reprisals.

Attorney-General Michelle Rowland
Attorney-General Michelle Rowland says robust whistleblower laws are vital for trust in government. (Lukas Coch/AAP PHOTOS)

However, it remains unclear whether the proposed model would proactively assist whistleblowers in making disclosures and navigating complex legal challenges, a core function of the protection authority being called for.

How far its powers will extend is also unclear, with the Public Interest Disclosure Act being one of nine Commonwealth whistleblowing laws.

Human Rights Law Centre associate legal director Kieran Pender welcomed progress on transparency reform, saying he would await more details.

"The proposed establishment of a new whistleblower ombudsman is a promising step that could make a real difference," he told AAP.

"Whistleblowers make Australia a better place, but they need strong laws and proper support to ensure they can speak out safely to expose wrongdoing.

"We'll be watching closely for the detail and continue to advocate for a dedicated whistleblower protection authority to oversee public and private sector whistleblowing."

Ms Rowland said robust whistleblower laws that were effective and easy to navigate were "essential for trust in government".

"Through the establishment of a whistleblower ombudsman, we're working to ensure disclosures are handled fairly and thoroughly, giving whistleblowers the confidence that their concerns will be taken seriously and addressed promptly," Ms Rowland said.

David Pocock
Independent Senator David Pocock says there's clearly a need to support whistleblowers. (Lukas Coch/AAP PHOTOS)

Independent senator David Pocock said he would engage in good faith on the legislation, adding reform was "long overdue".

"There's clearly a need to support whistleblowers," he told reporters in Canberra.

"We're currently prosecuting them and jailing them rather than actually supporting them and allowing them to improve transparency."

The ombudsman forms part of a second tranche of public disclosure law reform, which has been eagerly awaited by the sector for years after the first stage was implemented in 2023.

The attorney-general pledged to introduce the package of reforms by the end of 2025 as she opens a second stage of consultations on September 10.

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