Public Interest Disclosure Bill to replace Whistleblowers’ laws as wanted by ICAC, but won’t have disclosure protection

ATTORNEY-GENERAL John Rau has delivered a blow to transparency in South Australia by rejecting a bid to hold some ICAC inquiries in public and denying whistleblowers full protection.

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ATTORNEY-GENERAL John Rau has delivered a blow to transparency in South Australia by rejecting a bid to hold some ICAC inquiries in public and denying whistleblowers full protection.

The move will maintain the deep secrecy the state has become notorious for and goes against the wishes of Independent Commissioner Against Corruption Bruce Lander.

Mr Lander is currently forbidden from holding public hearings but he has been outspoken about the need for some serious maladministration inquiries, such as the one into the controversial Gillman land deal, to be conducted in public.

He has also told the State Government that in some cases, whistleblowers should be able to contact the media without fear of reprisal.

Mr Rau will on Wednesday introduce a raft of legislative changes in State Parliament that he has labelled an “integrity package”, responding to reviews of the ICAC, police ombudsman and whistleblower laws.

The Whistleblowers’ Protection Act will be repealed and replaced by the Public Interest Disclosure Bill as recommended by Mr Lander, but it does not include extra protection for disclosure to journalists.

Attorney General John Rau

Independent Commissioner against Corruption Bruce Lander.

“The Government has consistently not supported public hearings of ICAC and has not supported shield laws. There has been no change in policy,” Mr Rau said.

The Opposition said Mr Rau’s reforms appeared to “fall short” on a number of fronts.

The criticism follows the Government’s repeated refusal to support the Opposition’s proposal for shield laws to protect journalists’ sources in matters of public interest.

Mr Lander is on annual leave and was unable to comment on the reforms yesterday.

While he has staunchly opposed open hearings for corruption investigations, he recently told The Advertiser it was important for his office to be “transparent as much as it can be” and that open hearings would give the public confidence in his investigations.

Mr Lander handed down a scathing review of the Whistleblowers Protection Act in 2014. It has taken almost two years for the Government to respond.

Deputy Opposition leader Vickie Chapman said she had introduced two separate Bills that would allow for open ICAC hearings and give more protection to whistleblowers. “The Government’s changes fall short,” she said.

Mr Rau said the changes would increase protection for whistleblowers, not reduce it, because they would now be able to go to any MP with their information if the initial disclosure had not been acted upon.