Seven years ago, ICAC asked the New South Wales parliament to enact legislation to protect whistleblowers who voluntarilly provide evidence to one of its enquiries. This week it was learned that no less than twenty-seven drafts had been compiled, and as yet none had be taken to a vote.
The parliament was currently working on a twenty-eight draft and if this got the nod it would probably go to a vote sometime next year.
There is a vast difference between how a voluntary witness is treated compared to those summonsed before the enquiry and compelled to give evidence. Under existing law, those compelled to give evidence against corruption are protected against any criminal or civil liability, including defamation, breach of confidentiallity and any disciplinary action by their employer.
This same protection is not extended to any voluntary witness giving evidence to such an enquiey and this was having a chilling effect on whistleblowers.
It sends a message that they had better be prepared to lose their jobs or be sued because the government will not protect them. Even if they tip off authorities to major corruption. It is poor treatment of public spirited citizens who shine the light of discovery in dark places and suffer financial injury as a result.
As usuaL, it is the politicians looking to their own survival. Both sides of politics have their dirty little secrets and exposure hurts them at the polls,. They do not wish to open the evidence door too widely and that is why each of these drafts have been rejected - and sent back for more work.
It is in public interest that citizens be encouraged to watch over public finances. Suspicion is constantly aroused where vast sums of money are involved and the business of government can be very tempting and often easily covered. There is innunendo of graft surfacing on a regular basis and the legislation in force at present simply keeps witnesses silent.
The watchdog first recommended that the ICAC evidence act be ammended early in 2014. This was supported by an upper house enquiry in 2017 so it is quite evident that the matter is not going to be allowed to rest.
This sort of delay is giving parliament a bad name. It is public money beintg used to fund projects and its distribution needs to be squeaky clean. If there is further delay in passing this twenty-eight draft many will suspect deliberate corruption is highly placed.
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