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System has failed whistleblowers

27 Nov, 2009 04:00 AM
PUBLIC sector whistleblower protections were inadequate, unnecessarily complex and "posed too many obstacles to the protection of whistleblower employees", a NSW parliamentary inquiry headed by Maitland MP Frank Terenzini has found.

The committee on the Independent Commission Against Corruption tabled its protection of public sector whistleblowers report in Parliament yesterday, with 31 recommendations for change.

And while disgraced Swansea MP Milton Orkopoulos's former electorate secretary Gillian Sneddon is not named in the report, the systemic failings that left her unemployed and fighting a worker's compensation case are addressed throughout.

The report noted that even before the whistleblower inquiry started, her employer, the Department of Parliamentary Services, underwent significant changes to address protected disclosure issues.

A recent Ombudsman's review of Ms Sneddon's case found she was not covered by existing protected disclosure legislation because she did not disclose concerns about child sex allegations involving Orkopoulos directly to parliamentary clerk Russell Grove.

The report recommended that the Ombudsman's office oversee a new protected disclosure regime, with the Director of Public Prosecutions responsible for prosecuting any detrimental action taken against whistleblowers.

Mr Terenzini said it was clear the system was in need of substantial legislative and administrative reform and renewed policy direction.

"It was clear to the committee that there is a lack of consistency in public sector agencies' adoption and application of protected disclosures policies and procedures, and this must be addressed," he said.

"Senior management should, and should be seen to, support and protect employees making disclosures.

"Specific changes include a less stringent threshold for eligibility for protection, to include disclosures made with an honest belief on reasonable grounds."

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The transcript of meetings published as part of the report also have a story to tell - repeated attempts to raise Gillian's case, and consistent refusals citing jurisdiction, legal advice, which some committee members complained was being kept secret from them, and even that her case could not be used as an example of poor treatment of whistleblowers. The last is nonsense - what Gillian's situation proves beyond doubt is the absolute frustration of public employees who blow the whistle on those with the power to prevent them from ever being heard. The committee has confirmed that in spades. This committee has successfully kept a lid on this for 18 months so now let's hear which government body meant to protect us from corruption will examine just what happened in parliament when news broke of a government minister under criminal investigation which is prepared to listen to more than one side of the story!
Posted by Linda, 27/11/2009 6:37:19 AM
Damned if you do and Damned if you don't. How come the innocent gets persecuted, the innocent should be promoted. Something stinks in our system of justice, I wonder if someone else in the government is guilty as well.
Posted by Jimbob, 27/11/2009 7:02:14 AM
This NSW government seems to have no problem enacting retrospective legislation. Therefore it it has any integrity it should have no problem applying its new disclosure protection measures retrospectively. Remember Gillian Sneddon chose to NOT be one of the three monkeys who saw nothing, heard nothing and did nothing!
Posted by mac, 27/11/2009 8:12:07 AM
good on you frank, you have earned re-election if you can get that mess cleaned up properly before the the next elecion. Its called doing your job well!
Posted by goodonyou, 27/11/2009 8:27:45 AM
Why do criminal accusations have to be reported directly to a parliament staff member. Could it be, that person has the oportunity to bury the issue? Or would such allegations be refered to police whilst allowing the MP accused of criminal activity to have prior warning of police actions. In any case, WHAT Protection and compensation is going to be offered to Gillian Sneddon? Probably none whilst Rees is still Premier.
Posted by Paul, 27/11/2009 8:47:23 AM
Time to build a bridge
Posted by Putuporshutup, 27/11/2009 9:53:38 AM
We will never forget the Labor Orkopoulos scandal.
Posted by Jeremy, 27/11/2009 12:22:41 PM
I believe there are many whistleblowers in the Newcastle area working at the university or for healthcare who have been victimised and have lost their careers, their health, their friends and sometimes even their families. Most employers have policies stating that staff MUST report wrongdoing or unethical behaviour and then when you do, they support the person(s) who is commiting the behaviour - Why shoot the messenger when it is the guilty staff member who should be "shot"?
Posted by Tamara, 27/11/2009 2:10:25 PM
Gee why did we need a committee to tell us this. Gillian Sneddon's case tells it as it is, disgraceful!!! Maybe the pollies on the committee needed a few extra dollars to make ends meet.
Posted by Steve, 27/11/2009 2:58:31 PM
i think mayumarri healing centre ( a place for victims of child abuse) could consider assisting in gillian's plight for justice?. part of breaking the cycle of abuse is by speaking out. gillian is a hero and nathan rees and co treat her like the villian. rees wants this issue to just go away, news flash mr rees: if you dont do our feelings, our feelings will do you!
Posted by ms brown, 27/11/2009 3:10:14 PM
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GILLIAN SNEDDON
GILLIAN SNEDDON
 FRANK TERENZINI
FRANK TERENZINI

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