3.3 Current Protection for Whistleblowers
According to Mbatha (2005 p.16) one of the key obstacles in the fight against corruption and nepotism is the fact that, without legal protection, individuals are often too intimidated to speak out or blow the whistle on criminal and irregular activities they observe in the workplace. The key barriers preventing individuals from taking action are:
• Conduct being seen as justified and correct when it should not be, resulting
• in an ethical dilemma for the public official;
• The attitude that there is no point in reporting corruption as nothing will be
• done about it;
• Concern about personal and professional retaliation; and
• Not knowing how and where to report corruption.
The majority of democratic …show more content…
Based on evidence that society views whistleblowers as brave, and democracy’s protectors, there is a push for a more inclusive model. The Public Interest Disclosure Act 1994 (ACT) s15(1) permits the disclosure by ‘anybody’ or ‘any person’, whether public or private sector, and The Northern Territory Law Reform Committee Law’s recommended disclosure by any person.
NSW does not offer protection for members of the private sector who leak information to the press. “There is no statutory system of protection available in NSW for public-spirited persons or citizens who want to blow the whistle on (say) government contractor misconduct, fraud, waste, or a potential threat to public health or safety or the environment,” (Osborne-Crowley, …show more content…
It is clear from the research that governments and industry are lagging behind public opinion, as current legislations and self-regulation are not sufficient to allow a structured framework for citizens to air their concerns regarding corruption, and to be afforded appropriate protection.
5.0 Recommendations
It is incumbent upon governments and industry to reflect the attitudes of citizens and improve protection of whistleblowers through more effective policies and legislation.
Based on the findings of the WOWS several recommendations can be made:
• Broadening the Public Interest Disclosure Acts (Cwlth) to include civil society sector and the private sector reportage of wrongdoing;
• A comprehensive framework is developed by government which:
I. Clarifies what avenues are open to whistleblowers
II. Improve industry self-regulation
III. Develops a clearer understanding of what legislation has bearing upon whistleblowers
IV. Normalises whistleblowing by establishing legal requirements for internal and external reporting
According to Mbatha (2005 p.16) one of the key obstacles in the fight against corruption and nepotism is the fact that, without legal protection, individuals are often too intimidated to speak out or blow the whistle on criminal and irregular activities they observe in the workplace. The key barriers preventing individuals from taking action are:
• Conduct being seen as justified and correct when it should not be, resulting
• in an ethical dilemma for the public official;
• The attitude that there is no point in reporting corruption as nothing will be
• done about it;
• Concern about personal and professional retaliation; and
• Not knowing how and where to report corruption.
The majority of democratic …show more content…
Based on evidence that society views whistleblowers as brave, and democracy’s protectors, there is a push for a more inclusive model. The Public Interest Disclosure Act 1994 (ACT) s15(1) permits the disclosure by ‘anybody’ or ‘any person’, whether public or private sector, and The Northern Territory Law Reform Committee Law’s recommended disclosure by any person.
NSW does not offer protection for members of the private sector who leak information to the press. “There is no statutory system of protection available in NSW for public-spirited persons or citizens who want to blow the whistle on (say) government contractor misconduct, fraud, waste, or a potential threat to public health or safety or the environment,” (Osborne-Crowley, …show more content…
It is clear from the research that governments and industry are lagging behind public opinion, as current legislations and self-regulation are not sufficient to allow a structured framework for citizens to air their concerns regarding corruption, and to be afforded appropriate protection.
5.0 Recommendations
It is incumbent upon governments and industry to reflect the attitudes of citizens and improve protection of whistleblowers through more effective policies and legislation.
Based on the findings of the WOWS several recommendations can be made:
• Broadening the Public Interest Disclosure Acts (Cwlth) to include civil society sector and the private sector reportage of wrongdoing;
• A comprehensive framework is developed by government which:
I. Clarifies what avenues are open to whistleblowers
II. Improve industry self-regulation
III. Develops a clearer understanding of what legislation has bearing upon whistleblowers
IV. Normalises whistleblowing by establishing legal requirements for internal and external reporting