The recent review conducted by The Honourable Alan Wilson KC has recommended that sweeping changes be made to Queensland's public sector whistleblowing legislation, including calls for a more robust, brand new Act to be introduced to replace the Public Interest Disclosure Act 2010 (PID Act).

Queensland's whistleblower legislation

The purpose of the PID Act, which has been in force since 1 January 2011, is to prevent, expose and combat wrongdoing and corruption in Queensland's public sector. The PID Act encourages whistleblowers to make confidential disclosures of wrongdoing by offering them legal protections and by obliging public sector agencies to take action on receipt of a public interest disclosure (PID).

The PID Act also supports Australia's commitment to its international obligation in accordance with the United Nations Convention Against Corruption, the Organisation for Economic Co-operation and Development (OECD) and other G20 protocols.

Background to the review

In 2017, a review conducted by the Office of the Queensland Ombudsman (Ombudsman) resulted in 40 recommendations, including a suggestion to amend the PID Act to reflect current best practice (see the report, Review of the Public Interest Disclosure Act 2010: A review pursuant to s.62 of the Public Interest Disclosure Act 2010).

In June 2022, Professor Peter Coaldrake issued a report, Let the sunshine in: Review of culture and accountability in the Queensland public sector (Coaldrake Review), which recommended the Queensland Government proceed with a review of PID legislation as a matter of urgency, and at least within the next six months.

In late 2022, the Queensland Government appointed Mr Wilson to conduct a further review of the PID Act.

Broadly, the review aimed to assess whether the protections afforded to public interest disclosures under the PID Act remained effective and appropriate. It also sought to ensure that Queensland's whistleblowing laws reflected international best practice and recent developments in other jurisdictions, including the introduction of new whistleblower legislation in New Zealand last year.

Recommendations in the 2023 report

Following broad consultation with stakeholders and consideration of more than 60 submissions, the Final report – Review of the Public Interest Disclosure Act 2010 (Report) was publicly released on 8 August 2023 and presents 107 recommendations to the Queensland Government.

One of the key recommendations is to repeal the PID Act and replace with a new Act that is drafted in a simple and user-friendly manner so that its concepts can be grasped by a broader audience. In particular, the Report advocates for the Protected Disclosures (Protection of Whistleblowers) Act 2022 (NZ) as an example of whistleblowing legislation that provides greater clarity to all readers.

The Report also proposes that the new Act should provide a higher threshold for assessing a PID. Relevantly, the Report recommends that the definition be expanded beyond the current types of conduct caught by the legislation to include serious or systemic wrongdoing which threatens the public sector or public interest.

Mr Wilson theorises in the Report that the effectiveness of the Queensland whistleblower regime is directly linked to the role played by the Ombudsman. The Report therefore recommends that additional funding be provided to the Ombudsman so that the scheme could be "much more effectively overseen ... if it was properly resourced".

The release of the Report is timely given the recent amendments to the Public Interest Disclosure Act 2013 (Cth), which strengthens protections for disclosures, introduces protections for witnesses, and enforces ongoing training and education to public officials.

What happens next?

The Queensland Government's consideration of the 107 recommendations outlined in the Report is highly anticipated.

Public sector agencies should stay abreast of developments in this area and ensure their whistleblower practices are compliant with any legal changes to adequately protect whistleblowers and avoid penalties for non-compliance.

We will continue to share further developments relating to this review in future editions of our Queensland Government Bulletin. If you have any questions about your whistleblower obligations or need assistance, please get in touch with our government team at the end of this bulletin.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.