Bakshi Kanwaljit Singh: Protected Disclosures Amendment Bill — Third Reading 
Bakshi Kanwaljit Singh: Protected Disclosures Amendment Bill — Third Reading 
[Volume:653;Page:2806] 
KANWALJIT SINGH BAKSHI (National) 
: 
 It is my honour to stand in support of the Protected Disclosures Amendment Bill. The bill is designed to give Ombudsmen an enhanced guiding reviewing and investigating role in relation to the disclosure of serious wrongdoing with the Office of the Ombudsmen facilitating a collaborative cross-agency approach. When the Protected Disclosures Act 2000 was reviewed under section 24 of the Act in 2003 it brought to light some evidence of delays inconsistencies and other difficulties in using the legislative procedures properly partly because whistleblowers and some organisations were unsure how to go about them. The review also noted that there has been a degree of confusion about various definitions a lack of communication with whistleblowers a lack of confidentiality and protection of identity and the lack of appreciation that Ombudsmen can assist. 
This bill gives the definition of “employee” to include former employees homeworkers contractors and people concerned in the management of the organisation. The definition of “public official” is a person who is an employee of a public service organisation or is concerned with the management of a public service organisation. Is there any protection for mistaken judgment of serious wrongdoing? This bill states that if a person believes on reasonable grounds that the information is about serious wrongdoing but his or belief is mistaken then the disclosure will not lose the protection under the Act. The bill also provides many procedures and technical amendments to enable the Ombudsmen to better exercise power under the Act. This bill redrafts and clarifies the power of the Ombudsmen to request and advise. 
The Ombudsmen can also ask for information from both private and public sector organisations. We believe that both public and private sector workers have the right to certain protection. Certainly there is no protection available to an employee who discloses in good faith in an appropriate manner a serious wrongdoing nor is there any general statutory immunity for civil or criminal liability. It is important that the employees of all organisations—private or public—are in a position to make protected disclosures about serious wrongdoing in or by their organisations; not to make this protection available to employees of private organisations is condoning wrongdoing in the private sector and could be putting the public at risk. 
National supports the broad approach of the Protected Disclosures Act and supports any efforts to improve its operation and administration. National accepts that with the better tools available through the amendment Government agencies should be able to respond in a more coordinated and effective manner to holding the Government to account. Protecting whistleblowers is not just a matter of legislative change; ongoing operational improvements are also important. We recognise that when a law is changed there are important changes to the process that then make the legal changes relevant. We recognise that silence is not in the public interest. We want the public to have confidence in the process of making protected disclosures. I stand here to support the bill. Thank you.