Whistleblower Protection

The Hon. C. BONAROS (15:05): I seek leave to make a brief explanation before asking the Attorney questions regarding the recent judgement of the case of Australian Taxation Office whistleblower Richard Boyle.

Leave granted.

The Hon. C. BONAROS: This week in Adelaide, the long-running case of the ATO whistleblower, Richard Boyle, finally came to a close, eight years after he had first raised concerns over the heavy-handed debt collection tactics within the tax office. Though Mr Boyle avoided conviction and prison time by receiving a 12-month good behaviour bond, the Human Rights Law Centre and Whistleblower Justice Fund have put out a joint press release condemning his ongoing prosecution. I quote from Associate Legal Director at HRLC, Kieran Pender:

While it is welcome that Boyle will avoid jail, he should never have been prosecuted, and his case clearly demonstrates how our laws are failing to protect people who bravely speak up.

The ABC has also reported, as has The Guardian over the weekend, noting that beyond leaving him 'broken, physically, mentally and financially' Mr Boyle's case has 'become a national symbol of the failures in how whistleblowers are treated'. My questions to the Attorney are:

1. Is the government considering further strengthening our state's whistleblower laws to provide genuine safeguards for individuals acting in the public interest?

2. Will the Attorney-General commit to raising this issue at the next meeting of attorneys-general?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:06): I thank the honourable member for her question. The judgement has only been handed down—I think it might have been at the end of last week that a decision was made. It will be carefully examined. I will seek a briefing on the matter in relation to its effects or ramifications. These things need careful balance: the public interest in having people being able to raise issues and also the protection of information that people get as part of their employment. It is a balancing act. I am happy to have a look at what advice I get in relation to this and take appropriate steps.

The PRESIDENT: The Hon. Ms Franks, you have a point of order.

The Hon. T.A. FRANKS: Yes, Mr President. Ten minutes ago you made a ruling calling to order the Hon. Ben Hood under standing order 109, stating that it was actually—

The PRESIDENT: No, it was actually 188 I think.

The Hon. T.A. FRANKS: I have 109 in front of me.

The PRESIDENT: The one I quoted from was, I think, 188.

The Hon. T.A. FRANKS: Which was regarding not quoting from debates of the other place. The full text of 109, after talking about facts or questions made 'including quotations from Hansard of the debates in the other House', goes on to say, and I quote, 'except by leave of the Council and so far only as may be necessary to explain such Question'. Did the Hon. Ben Hood have leave of council and did he indeed use that quote to explain his question? That seemed to me to be what happened, so I ask you again to re-evaluate that point of order.

Members interjecting:

The PRESIDENT: Order! The Clerk has informed me with his learned advice that leave was granted, so under 109 it was appropriate, so you can disregard my ruling.

The Hon. B.R. Hood interjecting:

The PRESIDENT: I will just revoke what I just said. We were quoting from 188:

No Member shall quote from any debate of the current Session in the other House of Parliament or comment on any measure pending therein unless such quotation be relevant to the matter then under discussion.

I think the point the Clerk was making was that during question time—

The Hon. T.A. FRANKS: I am referring to 109, which is in the standing orders for question time.

The PRESIDENT: Well, you win at 109; I win at 188. Play on.

The Hon. I.K. HUNTER: On that point of order, can you just clarify for my satisfaction: did the Hon. Mr B. Hood have leave of the council to make a short, brief statement before asking a question, and is that distinct from getting leave of the council to repeat what has happened in the other place, as recorded in Hansard?

The PRESIDENT: Given we have opened the Pandora's box here, the Clerk and I will spend some time discussing this later today. We will move on with question time, and I will get back to you.