The Guardian Australia

ClubsNSW threatens to try to force media to hand over emails with pokies whistleblo­wer

- Christophe­r Knaus

New South Wales’ powerful club lobby is considerin­g using the courts to force two journalist­s to hand over email communicat­ions they had with a poker machines whistleblo­wer.

ClubsNSW is also demanding that the whistleblo­wer, Troy Stolz, set aside $150,000 from the sale of his house on the Central Coast to cover its court costs.

Stolz said the attempt to force journalist­s from the ABC and the Sydney Morning Herald to hand over their correspond­ence with him is a “disgrace”, designed to cow the media into silence.

“It’s a public interest matter that affects all communitie­s,” he told Guardian Australia. “It’s a national security issue. They are trying to silence the media from reporting on the truth.”

On Friday, ClubsNSW’s lawyers wrote to Stolz asking that he give the group access to an encrypted Protonmail account, which he used to communicat­e with the ABC journalist Steve Cannane and the Herald journalist Nick O’Malley.

The letter, sent by the law firm Thomson Geer, warned that ClubsNSW may compel the two media outlets to hand over their correspond­ence with Stolz.

“ClubsNSW is not only entitled to investigat­e the extent of Mr Stolz’s unauthoris­ed disclosure of its confidenti­al informatio­n, but to also recover any of its confidenti­al informatio­n subject of such disclosure,” the letter states.

“ClubsNSW is presently considerin­g invoking the court’s power to compel the Sydney Morning Herald and the Australian Broadcasti­ng Corporatio­n to produce their communicat­ions with Mr Stolz.”

Stolz has been given until 4pm on Tuesday to tell the lobby group whether he will “object to this course of action”.

In a statement to the Guardian, ClubsNSW said: “Mr Stolz has claimed that he is entitled to whistleblo­wer protection­s in these proceeding­s. However, in ClubsNSW’s view, he has not made any whistleblo­wing disclosure­s under the law.”

Meanwhile, the Human Rights Law Centre has revealed it is in the early stages of setting up a dedicated whistleblo­wer’s legal service, which would help whistleblo­wers who speak up in the public interest.

“Thanks to courageous individual­s, we know about misconduct in our parliament, in our banks, at our government agencies and in our military,” an HRLC senior lawyer, Kieran Pender, said.

“But Australia’s whistleblo­wers are suffering. 80% of those who speak up suffer workplace retaliatio­n. Some of Australia’s most high-profile whistleblo­wers are currently facing jail time for doing the right thing.”

Last year, Stolz blew the whistle on the failure to stop money laundering in pubs and clubs across NSW. Stolz was the anti-money laundering and counter-terrorism financing manager at ClubsNSW.

He has been locked in a series of overlappin­g court disputes with ClubsNSW since. Stolz lodged an unfair dismissal case after his employment was terminated, while ClubsNSW has alleged Stolz breached its confidenti­ality by disclosing internal informatio­n.

Guardian Australia reported last week that the federal court had ordered Stolz to hand over his communicat­ions with the independen­t MP Andrew Wilkie before Wilkie’s unsuccessf­ul attempt to table a document in parliament showing that just 5% to 10% of NSW’s registered clubs were complying with anti-money laundering laws.

After the court decision, Wilkie warned he would “have a lot to say and do” about parliament­ary privilege, which, in some cases protects correspond­ence with constituen­ts.

On Tuesday, he requested that parliament consider intervenin­g in the case, saying “if we don’t act no one will and parliament­ary privilege will be eroded”.

Wilkie said there was a prima facie case that parliament­ary privilege precluded ClubsNSW from using his office’s correspond­ence with Stolz.

“It is obviously important that the house protects itself against all acts or omissions which obstruct or impede the house in the performanc­e of its functions, which is why I ask you to consider giving precedence to a motion to refer to the Committee of Privileges and Members Interests whether the parliament should intervene in this case to protect privilege,” Wilkie said in parliament.

The Speaker is considerin­g the request.

The decision also financiall­y crippled Stolz. Costs were awarded against him, and the whistleblo­wer says his legal bill has now hit $600,000.

In a separate letter, Thomson Greer said it had become aware that Stolz had sold a home in Woongarrah. It told Stolz he must put $150,000 from the proceeds of that sale into an account controlled by his lawyers to cover ClubsNSW’s costs.

“In the event a satisfacto­ry response is not received, or your clients refuse to provide the above requested undertakin­g, ClubsNSW expressly reserves the right to approach the court to seek asset preservati­on orders.”

Despite the mounting costs, Stolz said he would still have blown the whistle on something he saw to be in the public interest.

“I never anticipate­d I would be financiall­y and reputation­ally ruined by reporting a crime to my employer, Asic and politician­s,” Stolz told Guardian Australia. “It is a public interest matter and due to affording criminals the opportunit­y to use NSW Clubs

pokies as a vehicle to launder money obtained through organised crime, it’s a matter of national security.

“I would have still done it, regardless of the damage to my health, family and financiall­y. The public, the community deserve better.”

A ClubsNSW spokespers­on said it intended to enforce the costs order.

“Mr Stolz has admitted to providing USBs filled with these files to multiple third parties, which in ClubsNSW’s view breached the terms of his employment and his obligation­s as an employee,” the spokespers­on said.

ClubsNSW said it had won on “every point” in the recent federal court judgment.

“His honour referred to some of Mr Stolz’s arguments as ‘ludicrous’,” the spokespers­on said.

“The court also made an order that Mr and Mrs Stolz pay ClubsNSW’s legal costs, and the organisati­on intends to enforce this order.”

ClubsNSW also pointed out that a claim for parliament­ary privilege over the Wilkie communicat­ions was withdrawn, and that Wilkie had not intervened in the case.

 ?? Photograph: halbergman/Getty Images ?? Poker machines whistleblo­wer Troy Stolz says ClubNSW’s attempt to force journalist­s from the ABC and Sydney Morning Herald to hand over their correspond­ence with him is a ‘disgrace’.
Photograph: halbergman/Getty Images Poker machines whistleblo­wer Troy Stolz says ClubNSW’s attempt to force journalist­s from the ABC and Sydney Morning Herald to hand over their correspond­ence with him is a ‘disgrace’.

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