Fact Check: Does Whistleblower Legislation offer protection?

Fact Check: Could a whistleblower go public without fear of prosecution under the Border Force Act?

  • Peter Roberts: Adjunct Senior Lecturer, Australian Graduate School of Policing and Security at Charles Sturt University
  • Khanh Hoang: Associate Lecturer, ANU College of Law – Migration Law Program at Australian National University

The Conversation – 13 July 2015

Verdict

Marles was correct in his statement that medical professionals employed under the Border Force Act 2015 are able to make public disclosures about their concerns. They would be protected by whistleblower laws butonly if they disclosed in a very specific way. The disclosure process has qualifications and persons making disclosures need to be careful that they act in a way that enables them to take advantage of the protections provided by the Public Interest Disclosure Act 2013.

Legal protections cannot guarantee absolutely that whistleblowers will be spared from retaliation. The understandable concerns of medical professionals would be eased if the government made a clear statement that the rights to act upon concerns about their clients were to be respected.      Read more here