PDC: Whistleblower working group

This Working Group (WG) was established by the Policy Development Committee (PDC) on 23 January 2013.

Working group report
This working group was tasked with developing policy relating to the protection of whistleblowers. The working group was chaired by David Crafti and will present the following policy text to the February 20 PDC meeting.

Recommendation
As per the MAUT decision table for the Whistleblower Protection Working Group, this working group recommends the adoption of the full text of the Public Interest Disclosure (Whistleblower Protection) Bill 2012 with some additional clauses inserted to ensure this policy is fully compliant with PPAU values.

Preamble
Public integrity relies on the ability to swiftly identify and manage wrongdoing and corruption. Whistleblowers are an essential part of this capacity, and an important check on the behaviour of governments. Transparent and accountable government relies on the capacity and willingness of persons to report information which demonstrates that an element of the government is acting contrary to law or policy, or contrary to the expectations of the electorate. Holding the government to account necessarily relies on such evidence being brought into the light. However, this important accountability mechanism is undermined by inadequate protection for whistleblowers, who often face harsh and inappropriate punishment and covert forms of deterrence[1]. In order to provide essential accountability, adequate protections are needed to ensure that whistleblowers may act safely, without fear of undue reprisal, and with reasonable confidence that wrongs will be righted with minimal delay. We are cognisant of the need to protect sensitive operational state secrets such as active police investigations, but we also want to avoid overly broad definitions of state secrets. Such exclusions should not cover things that are merely embarrasing to the government of the day. [1] http://www.whistleblowers.org.au/whistleblowersstories.html

Policy text
The Pirate Party proposes a strongly upgraded series of protections for whistleblowers. Adopt the | Public Interest Disclosure (Whistleblower Protection) Bill 2012 in full.
 * The bill in its entirety will be introduced and supported in its current form.

Add additional measures to build in further protection to all parties:

'''Got feedback or suggestions? Send us an email at policydev@pirateparty.org.au. ''' [| MAUT table link]
 * Indemnity will be provided to third parties involved in the disclosure of information
 * An intermediary system will be created allowing for anonymous disclosures. This will include a mechanism allowing whistleblowers to remain in regular, anonymous contact with investigative authorities
 * Allowances will be included for expedited data preservation orders. Such orders will include a provision allowing them to take effect before a disclosure is made in cases where credible risk exists that evidence might be destroyed.
 * Provisions will be included to allow for disclosure of irrelevant information, where such information forms part of a larger document whose disclosure in complete form is necessary to preserve the quality of evidence.

Meeting Schedule
This working group has concluded the drafting process and no further meetings are currently scheduled.

Previous Minutes

 * Add here.