The Guardian Australia

Corporate whistleblo­wers 'desperate' for new protection­s

- Christophe­r Knaus

Whistleblo­wer Sally McDow counts herself among the lucky few.

McDow was undermined, derided, marginalis­ed, threatened with terminatio­n, and ultimately made redundant after blowing the whistle on corporate malfeasanc­e at Origin Energy in 2015.

But she emerged with her life relatively intact. A highly experience­d lawyer with a tight-knit family, McDow was able to withstand the immense pressure and find a new sense of purpose.

She launched the first ever court case testing the strength of Australia’s corporate whistleblo­wer scheme in 2016, and created CPR Partners, a firm that supports fellow whistleblo­wers and trains corporates on their obligation­s.

She says the people she’s helped have had their lives all but destroyed for speaking out.

“No one wants to be a whistleblo­wer because it’s just a fate worse than … you wouldn’t wish it on your worst enemy,” McDow told Guardian Australia.

McDow is in Canberra this week, watching in hope as the government introduces a bill to the Senate that would strengthen protection­s for corporate whistleblo­wers.

Proponents are seeking to have the bill passed in this last sitting week, after it was introduced early afternoon on Wednesday.

The amendments to the Corporatio­ns Act, if passed, would better shield whistleblo­wers from reprisals, and allow individual­s to go to the media and retain protection.

The current regime suffers from critical weaknesses. It only protects whistleblo­wers from reprisals from their employer if the acts constitute criminal victimisat­ion directly linked to the disclosure. Whistleblo­wers are only protected if they tell their own company or the corporate regulator, the Australian Investment­s and Securities Commission. Going to the media does not afford protection under the current Corporatio­ns Act.

McDow says the changes cannot come soon enough, and has urged parliament to pass urgently.

“It’s needed,” she said. “I speak to whistleblo­wers regularly.”

“There’s a whole lot of people right now who are currently desperatel­y waiting for this bill to pass, let alone future generation­s who will benefit from greater transparen­cy.”

The bill – the result of work by some within the Coalition and the Centre Alliance senator Rex Patrick – is expected to be introduced to the Senate.

The Griffith University integrity expert Prof A J Brown said the measures better protecting disclosure­s to journalism were a “big breakthrou­gh”.

“Previous plans to limit this to extreme, unlikely emergencie­s have been shelved,” Brown wrote in the Australian.

“Instead, if employees blow the whistle at least to a regulator, and nothing is happening in 90 days, it’s relatively simple for them to go public.”

“There are some hoops to go through, and time will tell if they’re still too tight. But this is Australia’s most powerful driver yet, not just for companies to improve their culture and compliance but for federal law enforcemen­t agencies and regulators like the Australian Federal Police, Asic and Apra to change their previous lax ways.”

 ??  ?? Sally McDow is campaignin­g for stronger corporate whistleblo­wer protection­s.
Sally McDow is campaignin­g for stronger corporate whistleblo­wer protection­s.

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