LOCAL GOVERNMENT ACT 1999 –LGA Response
Review of the Whistleblowers Protection Act 1993
LGA Submission
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ECM 509229
OTHER ACTS – SUMMARY OF LEGISLATIVE PROPOSALS
Introduction
The Local Government Association has sought comment from its member Councils on the review of Whistleblowers Protection Act 1993(WP Act) and provides this submission on behalf of Local Government.
Following the commencement of the Independent Commissioner Against Corruption Act 2012(ICAC Act), reporting arrangements changed for certain matters pertaining to public interest information. This has resulted in what appears to be overlapping and sometimes competing reporting requirements under the two Acts. The LGA’s submission focuses particularly on the definitions and reporting requirements.
Scope of the term ‘appropriate disclosure of public interest information’
Currently the definition of ‘public interest information’ captures any illegal activity perpetrated by an adult, regardless of whether the person is a ‘public officer’ for the purposes of the ICAC Act. Therefore disclosures under the WP Act may go beyond those required under the ICAC Act. However, the LGA submits that the definition of ‘public interest information’ under the WPAct should be amended to ensure that the terminology of the definition is more consistent with the terminology used in the ICAC Act, without limiting the current broad scope of the definition.
Definitions of ‘public officer’ and ‘maladministration’
The definitions of these terms in the WP Act are not consistent with those used in the ICAC Act. These should be amended to bring them into line with those used in the ICAC Act.
Amendment to list of ‘appropriate authorities’
The list of appropriate authorities to which a whistleblower may make a disclosure do not currently list the Office of Public Integrity or ICAC and these organisations should be added. In addition, the mandatory requirements to disclose information about fraud and corruption should be brought into line with the requirements of the ICAC Act, while still making provision for disclosing fraud and corruption to the SA Police where the disclosure does not involve a public officer.
Managing Disclosures
The WP Act is silent on how a disclosure must be made to an organisation or a person and it would be helpful to have scheme in the WP Act on how disclosures should be managed, including when they should be referred to an external agency.
Confidentiality of Disclosures
While the identity of a whistleblower is currently protected by confidentiality requirements, the obligations of confidentiality should also be extended to all matters pertaining to the disclosure of public interest information, including the investigation process. This would bring greater consistency with the investigatory arrangements under the ICAC Act.
1
ECM 509229