Reforms to protect informers ‘fall short’
Whistleblowing reforms announced by State Service Minister Chris Hipkins do not go far enough, the Ombudsman, the Justice Ministry and the Serious Fraud Office believe.
State Services Minister Chris Hipkins announced on Thursday that the Government would amend the ‘‘unclear and confusing’’ Protected Disclosures Act that is designed to protect whistleblowers, particularly those working in the public sector.
However, the proposed reforms stop short of addressing a concern raised by many whistleblowers –~that it is difficult for them to seek redress from employers that victimise them for blowing the whistle.
Hipkins ruled out protecting people for disclosures they made to the media, or offering rewards for whistleblowing that resulted in prosecutions, both of which are measures that have been tried in some jurisdictions overseas.
The Government will also hold back for now on creating a ‘‘one-stop shop’’ for whistleblowers to take their concerns to, saying the idea needed more work.
The reforms that Cabinet has approved include requiring public sector organisations to have policies on how they will support whistleblowers, though it will be up to individual agencies to decide what those policies should be.
Whistleblowers will be able to take their concerns straight to an ‘‘appropriate authority’’ rather than having to raise them first with the agency they work for.
The act will also be extended to provide support for private sector employees who blow the whistle on employers that are misusing public money.
But a Cabinet paper acknowledged that the Ombudsman, Justice Ministry and Serious Fraud Office considered that the changes ‘‘did go far enough to promote the intent of the act’’ and to ensure that whistleblowers who faced retaliation were able to seek redress.
Whistleblower and former academic Christine Fenton said there needed to be consequences for breaching the act, and an authority that could award compensation.