Transcript TITLE

WHISTLEBLOWING
THE EXPOSURE, BY PEOPLE
WITHIN AN ORGANISATION,
OF
ILLEGAL OR UNETHICAL
ACTIVITY, OR

SIGNIFICANT
MALADMINISTRATION

IT IS NOT
ACTIVITIES THAT THE
WHISTLEBLOWER
BELIEVES


ARE INCOMPETENTLY
MANAGED, or
THAT THE
ORGANISATION
SHOULD BE PURSUING,
Unless a breach of clearly agreed
objectives or documented
procedures are evident.
EXAMPLES:
UNITED STATES: [MOVIES]
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THE INSIDER: Russell Crowe as Jeffrey
Wigand, VP Research and Development,
Brown and Williamson tobacco,
SILKWOOD: Meryl Streep as Karen
Silkwood, chemical technician at KerrMcgee's plutonium plant (oklahoma):
ERIN BROKOVICH: Julia Roberts v’s
Pacific Gas & Electricity. toxic wastes in
Hinkley, Ca.
TIME MAGAZINE, 30/12/02: Enron
(Sherron Watkins), FBI (Coleen Rowley),
Worldcom (Cynthia Cooper).
Persons
of the Year .
ISRAEL: MORDECAI VANUNU. 1987 Told of
Israel’s nuclear arsenal to the Sunday
Times in 1987 - First eleven years spent
in solitary confinement. Due out 2004.
AUSTRALIA
DR PHIL VARDY & Dr.William McBride:
Thalidomide & research fraud
MARGARET LOVE & the Educational
Testing Centre at Univ. NSW - nepotism,
fraud,
PHILP ARANTZ & The NSW police:
Bogus crime statistics.
REASONS FOR
WHISLEBLOWING
IDEALISTIC……
Honesty
Efficiency, Correctness
Support for ‘Victim’ (of fraud)
DEFENSIVE…….
Against being associated with an
illegal act
NEGATIVE…….
Dislike of supervisor.
Paranoia (WB’er is the victim)
Loud Mouth
To avoid censure.
AND POSSIBLY SEVERAL
REASONS MIXED TOGETHER
RETRIBUTION
WHISTLEBLOWING GENERATES
CONSIDERABLE HOSTILITY from
the people targetted by the
whistleblower and by the
organisation generally.
REASONS FOR HOSTILITY:

is
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

A BELIEF THAT THE
WHISTLEBLOWER IS DISLOYAL,
Acting against basic instincts of
solidarity and mutual protection
(“tribal” instincts),
Destroying security (jobs &
income) of colleagues,
“Stealing “ information
(unfortunately necessary to prove
accusations),
Is a “dobber.”
RESULTS OF
WHISTLEBLOWING

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JEFFREY WIGAND Now a school
teacher ( was a Vice President).
KAREN SILKWOOD IS DEAD. Under
mysterious circumstances.
ERIN BROKOVICH Was not a
whistleblower, but an activist Now
widely sought after as a speaker on
corporate environmental issues.
MORDECAI VANUNU Still in prison
PHIL VARDY went through a difficult
period, with a marriage break-up, and
immense career difficulties. Still bears
the scars, but has recovered. Has
almost completed his retraining as a
lawyer.
MARGARET LOVE spent two years in
and out of work. Has now successfully
started up her own English Language
Coaching College. The Head of ETS is
now General Manager of the Australian
Council for Educational Research.
PHILIP ARANTZ was immediately
dismissed. (Compensated 14 years
later but never reinstated)
).
Reactions to TIME article
From Letters to the Editor:
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On Rowley: “True whistle
blowers blow beforehand,”
“self-serving,” “a woman in midlife crisis,” “bid for publicity”,
“smart in hindsight”.
Cooper: “an internal auditoronly doing her job”
Watkins: “ wrote only to her
boss. Did not go public”
All three: “traitors to their
organizations”.
+ve: “proved that women are
more courageous than men”,
“time for a woman US President”
Australian Government
National Gallery of Australia,
HR Dept circular to staff:
Should not “ communicate gallery
information or express.. views
about gallery operations to..
media w/o express permission of
director”

Reminded that penalty was two
years jail under s. 70 of Crimes
Act by which Commonwealth
Officers are bound.
(SMH…May 26,2003)
WHISTLEBLOWER
LEGISLATION

UNITED STATES: False Claims
Act:
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GREAT BRITAIN: The Public
Interest Disclosure Act, July 1999.
.
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NEW ZEALAND: Protected
Disclosure Act, Jan 2001.

NSW: Protected Disclosures Act,
1994..

VICTORIA: Whistleblowers
Protection Act, 2001.

QUEENSLAND & SO. AUSTRALIA

AUSTRALIA: Democrats proposal
before the Senate.

CANADA: Common Law: wrongful
dismissal only.
PROTECTED DISCLOSURES ACT,
NSW, 1996
TO FACILITATE DISCLOSURE IN THE
PUBLIC INTEREST, of corrupt
conduct, maladministration, or
substantial waste.
BY

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ESTABLISHING PROCEDURES FOR
MAKING DISCLOSURES
PROTECTING PERSONS FROM
REPRISAL
PROVIDING FOR THE
DISCLOSURES TO BE PROPERLY
INVESTIGATED.
Does not cover the private sector,
Covers inaction as well as action
Covers bullying, sexual
harassment, product safety,
occupational health and safety, &
the environment only to the
extent of the law.
THE DISCLOSURE
must be
Made by a public official,
to
An investigating authority

Official in the authority to
which the WB belongs,
If not successful, to

a member of Parliament or

a journalist,

in accordance with prescribed
methods:
1.
Corrupt conduct to ICAC,
2.
Maladministration to
Ombudsman,
3.
Serious & substantial waste
to Auditor General.
CORRUPT CONDUCT
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“The dishonest or partial
exercise of…official functions”
Attempts to prevent “the
honest & impartial exercise of
official functions”
“..a breach of public trust”
“misuse of information or
material”
Conduct involving bribery,
blackmail, secret
commissions, fraud, theft, tax
& revenue evasions and many
similar.
[From the ICAC Act]
MALADMINISTRATION
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Contrary to law,
Unreasonable, unjust, oppressive
or improperly discriminatory,
Based wholly or partially on
improper motives.
[Ombudsman Act of 1974.]
SERIOUS & SUBSTANTIAL WASTE
 of public money,
[Public Finance & Audit Act, 1974].
Complaints can also be made under
[Police Integrity Commission Act,
1996]
[Local Government Act, 1993]
UK PUBLIC INTEREST
DISCLOSURE ACT, 1998
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Covers all people at work
Disclose to Prescribed Regulators
– audit agencies, friendly
societies, trade union registrars,
Dir Gen. Fair Trading, certain
public authorities, NGOs, etc.,
etc.
Can seek legal advice through
Public Concern at Work,
Overrides gagging clauses,
Covers civil, criminal, regulatory
or administrative law, miscarriage
of justice, danger to health,
safety and the environment. Also
attempted cover-ups of these.
Encourages internal procedures
Injunctions against dismissal.
Background to UK Act
FINDINGS from ENQUIRIES
Clapham Rail disaster -Problem
noticed beforehand
 Piper Alpha – fear of losing job,
 BCCI – nobody spoke out
 Zeebrugge Ferry – five
complaints beforehand,
 Bristol Royal Infirmary – Child
deaths, doctor’s warnings, finally
quit his job,
 Children in Care – 30 reports of
same sex abuser ignored,
 Arms to Iraq enquiry. Was
reported beforehand.
Before you blow:
IN NSW:
 Read the Act, seek legal
advice, other advice,
 Make sure you have all facts
and if possible, proof,
 If a closed industry, think
twice,
 Be prepared to be ignored,
even victimised,
 KEEP YOUR COOL [at all times]
 Whistleblow anonymously if
possible,
 Remember – you are the one
behaving ethically.
SOME QUESTIONS
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Are whistleblowers more ethical than the
rest of us? Why then do think they are
usually treated badly?
Do you think a whistleblower would face
difficulties in any organisation you
know? If yes, what could prevent
unpleasant treatment?
Some organisations require the company
or agency to have an internal
whistleblower system. Would it work
generally? In organisations you know?
Are there organisations where the
problem is the senior staff? Some people
argue that autocratic, uncommunicative
or uncommitted senior staff are often the
reason behind inadequate provision of
many public services, often a
whistleblowing cause. Others, both
believe it is a wider problem, apparent in
many private and public organisations..
Was Modecai Vanunu a whistleblower?
Should a private sector bill be
introduced? What transgressions should
it cover?