Major Overhaul for Public Sector Whistleblower Protections
Significant reforms to Australia's public sector whistleblower protections are set to transform how federal public servants report wrongdoing and seek protection from retaliation. The proposed changes come more than a decade after the initial Public Interest Disclosure Act 2013 was introduced, addressing long-standing criticisms about the scheme's effectiveness in practice.
The Public Interest Disclosure and Other Legislation Amendment (Whistleblower Protections) Bill 2025 is expected to be introduced to Parliament later this month, following the publication of an exposure draft by the Attorney-General's Department in September. These reforms represent the most substantial changes to the framework since its inception.
Key Improvements in the New Framework
One of the most significant changes involves the establishment of a Whistleblower Ombudsman within the Commonwealth Ombudsman. This new body will oversee the operation of the PID Act and provide alternative dispute resolution and restorative engagement functions to resolve conflicts between whistleblowers and their agencies.
Another critical reform addresses what experts have described as one of the scheme's major flaws: the difficulty whistleblowers face in proving retaliation. The new legislation will introduce a reverse onus provision, mirroring existing protections for private sector whistleblowers. Under this change, once a whistleblower provides evidence suggesting a reasonable possibility that they suffered detriment due to their disclosure, the burden shifts to the agency to prove the detriment wasn't related to the whistleblowing.
This reform is particularly important given that no PID Act claim has succeeded in court since the legislation was enacted over a decade ago.
Expanded Support and Accessibility
The reforms will also implement a "no wrong doors" approach to whistleblowing, expanding the number of oversight agencies that can receive disclosures and providing catch-all provisions to ensure whistleblowing is properly treated as a disclosure regardless of how it's reported.
Public servants will gain access to significantly expanded support networks under the new framework. Whistleblowers will be able to make disclosures to lawyers, medical practitioners, psychologists, unions, and professional associations, providing multiple avenues for support during what is often a stressful and challenging process.
The changes come after years of criticism about the current framework. A 2016 statutory review, known as the Moss Review, found that "the experience of whistleblowers under the PID Act is not a happy one." Later, a Federal Court judge described the legislation as "technical, obtuse and intractable" and "largely impenetrable."
Areas Requiring Further Attention
While the reforms represent significant progress, experts note several areas where the proposed changes don't go far enough. One particular concern involves the failure to address problems highlighted by the prosecution of tax office whistleblower Richard Boyle.
In that case, the South Australian Court of Appeal narrowed whistleblower protections to only cover the act of disclosure itself, excluding any preparatory conduct no matter how closely related to the whistleblowing. This creates significant practical problems for whistleblowers that the current reform package doesn't address.
Additionally, the proposed model falls short of the independent, standalone Whistleblower Protection Authority that advocates have long sought. Questions also remain about adequate resourcing for the Whistleblower Ombudsman to effectively perform its expanded functions.
Despite these limitations, the reforms represent the most significant step forward for public sector whistleblowers since the original PID Act was introduced by then-Attorney General Mark Dreyfus in 2013. At that time, Dreyfus described the legislation as "an important reform to strengthen the process in which wrongdoing in the Commonwealth public sector is handled, and to strengthen the protections for those who report wrongdoing."
The upcoming changes aim to finally deliver on that promise, creating a more accessible and effective framework that encourages public servants to speak up about wrongdoing while providing robust protection against retaliation.
