monash_6865.pdf (332.13 kB)
Will the Law in Australia protect the Whistleblower
journal contributionposted on 2017-06-06, 01:58 authored by Moore, Len
In Australia the whistleblower attracted no statutory protection until some States legislated in the early nineties. At the time of writing there is no comprehensive protection in Federal law whilst the common-law offers only the slightest refuge. Its scope is limited by the courts' tentative statements on the nature of public interests and by their insistence on rigorous standards of good faith and accuracy in the complainant. Recent events involving a junior police officer in Victoria have highlighted some tensions which can arise from whistleblowing in a regulated service with its own detailed code of discipline. This paper explores the differing measures of protection offered to whistleblowers employed in the private and public sectors. It examines the measure of legal protection available to each and the hazards that confront workers in public employment who complain of misdeeds by their fellow-workers rather than by their employer.