Discussion and conclusions

This chapter has presented 13 key principles for the design or review of public interest disclosure legislation in the public sector. While there could be different options for implementing these principles, no legislation can be considered to be adequately comprehensive unless all these issues are addressed. Fortunately, the research in this book is already showing that if this occurs, the results are likely to be positive.

The reform of existing whistleblowing legislation is already an important issue for many Australian governments. In particular, the Commonwealth Government—for whom the existing legislative framework is weakest—has committed to substantial reform by introducing best-practice legislation. Previous analysis has shown that best practice does not lie in any existing law, but requires something of a ‘second-generation’ approach, including reconsideration of many of the fundamental principles rather than ad hoc tinkering with existing laws. The principles set out in this chapter are intended to provide a basic guide for this second-generation approach. In the interests of the increasing number of public officials who transfer between different governments within the Australian public sector, there are benefits to be gained from uniform public interest disclosure legislation if a new best-practice approach emerges.

The present research has also demonstrated that while current best practice can be found on different issues in different existing laws, there are major deficiencies that all legislative approaches to date tend to share. This chapter has focused on several of these issues—in particular, operational systems, compensation avenues and protection of public whistleblowing. The extent of the problems confirms there is presently a divide between the important intentions or ‘symbolism’ of these frameworks and their substantive effectiveness. The symbolism of whistleblower protection is a powerful force, frequently reaffirmed at the highest levels of government. Until legislative frameworks more effectively fulfil these practical needs, however, the full benefits will not be achieved. Fortunately, it is now increasingly clear that reform is not only needed, but possible.