The definition of a whistleblower
Content
Objectives
Action Options
In 1973, Bill Toomer was a quarantine officer at Fremantle,
Western Australia, he inspected a ship and ordered it
fumigated. This was an expensive operation, unwelcome by
some ship owners who had cosy relationships with their
regulators. Toomer came under fierce and sustained attack.
He lost his job, his family broke up and he ended up
destitute in bad health.
Regarding his case, there have been some 11 inquiries into
the affair over two decades, an expensive exercise for the
government and Toomer. Justice continues to be pursued
for Toomer, requesting that the federal government
formally exonerate him of the charges against him and
make a compensation payment, as has been recommended
more than once by government officials in the longlong-running
saga. But the government continues to stall and resist
action.
At the end of this session and with further
reading students should be able to.
Identify what a whistleblower is
Identify possible reasons for and against blowing
the whistle
Discuss the possible impacts on individual
whistleblowers
Synthesise information pertaining to action
Identify appropriate strategies to resolve the
particular issue within an Australian context.
Recognise possible pitfalls that whistleblowers may
face
Identify strategies to avoid common mistakes
made by whistleblowers
Objectives
At the end of this session and with further
reading students should be able to.
Identify what a whistleblower is
Identify possible reasons for and against
blowing the whistle
Discuss the possible impacts on individual
whistleblowers
Identify Australian protections for whistleblower
Synthesise information pertaining to
action
http://www.uow.edu.au/arts/sts/bmartin/pubs/04Calland.h
tml
1
Terms
colloquial terms
– Dobbing,
– Tattletale
– Snitch
– informant
Alternative terminology
– Whistle blower
– Public interest disclosure
– Good faith reporting
Not - Good Faith
reckless
disregard for or wilful
ignorance of facts that would
disprove the disclosure.
instances when a false report is
made and the person knows the
report is malicious, false, or frivolous
undertaken as part of a vindictive
agenda.
Whistleblower
A whistleblower is a person who discloses wrongdoing to
another person, whether within or outside the organisation
in which the wrong doing has occurred.
A concerned citizen, totally, or predominantly motivated by
notions of public interest, who initiates of her or his own
free will, an open disclosure about significant wrongdoing
directly perceived in a particular occupational role, to a
person or agency capable of investigating the complaint
and facilitating the correction of wrongdoing
Source: In the Public Interest August 1994 Commonwealth of Australia 1994
public interest reporting / Whistle
blowing
financial,
health
and
safety reasons
2
Options
Ignore what has occurred
Try to redress the situation as an
individual
Report
– Through organisations processes
– Through an independent third party
– Engage in legal processes
– Regulatory body
– Media
– Mandatory reporting
No action
Do
unto others as you would have
them do unto you; treat your
colleagues the way you would want
to be treated."
"I don't really know what happened."
"A lawsuit won't bring back a dead
person, heal an injury or change a
situation"
Action
a
duty to be truthful to
clients/patients?
compensation.
duty to protect others
Type of person
Historically known for their honesty and integrity
Model employee
–
–
–
–
–
–
–
–
Conscientious
Highly valued employee
Educated
Experienced
Efficient
Hardworking
Honest
Have an overall perception of how organisation functioned
Believe in the institutions of the Westminster system
(parliament and bureaucratic)
Strong belief in the law and its associated procedures
(Public Interest August 1994 Commonwealth of Australia
1994)
3
Additional
Commonly
see situations in terms of
black/white with very little grey
Very private people –loners
Inability to “shove something under
the rug”
Tried other means unsuccessfully
Anger drives their passion
Taylor (1999)
Differences between America &
Australia
Ralph Waldo Emerson
Environmental factors:
“Courage charms us, because it indicates
that a man loves an idea better than all
things in the world, that he is thinking
neither of his bed, not his dinner, nor his
money, but will venture all to put in the
act the invisible thought of his mind”.
a
result of a decline in ethical
standards the
An increase in self interest
greater public awareness of
processes and benefits
(cited in, Ventriss & Barney, 2003, p. 355)
4
Patterns of effects on
whistleblowers
Risk loss of earnings
additional financial loss
People experience;
– Intimidation
– Harassment
– Victimisation
– Personal abuse
– personal & professional reputation damage
protracted legal battles
damage to personal life (loss of spouse,
partner, family friends and health
Organisation’s responses
– trouble maker
– incompetent - having a reduced or serious defects in job
performance
– vindictive,
– having severe psychological problems
– low morals
Strategies employed
Denial of adequate staff to perform duties;
Frequent staff changes;
Frequent and undesirable office changes;
Refusal to assign meaningful work / provide excessive work
Unwarranted and unsubstantiated letters of reprimand or
unsatisfactory performance evaluations;
Demotion;
Reduction in pay;
Denial of promotion;
Suspension;
Dismissal;
Denial of employment;
A supervisor or superior encouraging peer to behave in a hostile
manner toward the whistleblower; or
A change in the physical location of the employee's workplace or a
change in the basic nature of the employee's job,
exerting pressure
attacking the whistleblower for example by describing the
individual as,
marginalising the individual
trivialise the problem
placing the onus of proof on the whistleblower
employment sanctions ensue
threaten to bring a defamation case against the individual
Australian legislation
Whistleblowers Protection Act 1993 in
South Australia
Whistleblowers Protection Act 2001 in
Victoria
Whistleblower Protection Act 1994 in
Queensland
Public Interest Disclosure Act 1994 in the
ACT
Protected Disclosures Act 1994 in NSW
Official Corruption Commission Act 1988 in
Western Australia.
5
Mandatory reporting
Appropriate disclosure mechanisms?
Reason non report
a lack of evidence;
lack of confidence in the authorities to
accurately evaluate or protect sexually
abused children;
adverse effects on the family's social
standing in the community;
potential to break up the family;
fear of breaking counsellorcounsellor-client
confidentiality.
(Goldman & Padayachi,
Padayachi, 2002)
Levels
states
& who reports varies between
Managers
“that managers need to create
organisational cultures in which employees
have faith in management as a whole and
will respond to reports of corruption — not
by shooting the messenger — but in a
positive manner. Encouraging an open and
accountable workplace is therefore not
just about complying with legislative
requirements, but about being an effective
manager.”
A report by Lala Camerer
6
Questions to be answered
How do you blow the
whistle?
Are my family and I financially and mentally
ready for a longlong-drawndrawn-out fight to prove
the issue?
Am I mentally ready to have my colleagues
and perhaps my friends turn against me
because of the action that I will take?
Am I ready for personal attacks against my
character and to have my past indiscretions
made public?
Questions continued
Do I have adequate documentation to
prove my allegations if I have access to
the relevant information terminated?
Am I sure that my motivations are to
expose the misconduct and not just sour
grapes, revenge, or public attention.
Am I financially and mentally ready to
change my career to work outside my
current field?
Proceeding?
consider
the issue of mistakes and
successes
tools to replicate successes and
avoid mistakes
7
Common mistakes
trusting
too much
not having enough evidence
using the wrong style
not waiting for the right opportunity
not building support
playing the opponent’s game
not knowing when to stop
Brian Martin (1999)
Evidence
sufficient
evidence
Trusting too much
Based on a belief that the system
functions as it should
an individual has a very strong sense of
right and wrong they expect all others to
be the same.
Need for
– proper investigation,
– preparation of an escape route,
– and weighing ones options
There is more than one perspective on
how to do the right thing in a situation.
using the wrong style
Reasoned
before making a claim
accuracy
Rational
Unemotive
evidence
rules
time frames
8
not building support
not waiting for the right opportunity
Patience
often = positive response
playing the opponent’s game
Formal
channels
Ensure
support prior to action
not knowing when to stop
When
to cut losses
9
Points to remember
Consider
these mistakes and plan
Select issue
The more serious the greater the
retribution
Where to Blow the Whistle cont
External
mechanisms
– the media,
– Legislation based forums
the
courts
administrative
forums
Where to Blow the Whistle
Internal
mechanisms Examples:
– anonymous reporting
– internal complaint mechanisms
Specific legislations
Victorian
Equal Employment
Opportunity Act
Commonwealth Disability
Discrimination Act
Occupational Health and Safety Act
Freedom of Information Act
10
Possible Government agency
outcomes
intervene
in the matter
conducting a regulatory hearing and
issuing fines or sanctions if
appropriate
investigating the issues
conducting corrective rulerule-making
proceedings
Media form considerations
The
range and number of stories in
the newspaper is greater than on
television.
More people watch television than
read the newspapers.
An article will tell more of the story
than coverage on the news.
The use of a picture can be worth a
thousand words.
Where to Blow the Whistle cont.
Anonymous
? sources
– advocacy groups may provide protective
cover for whistleblowers by giving them
anonymity
– external or internal hotlines,
– ombudsmen's offices,
– internet
11
Action Options
In 1973, Bill Toomer was a quarantine officer at Fremantle,
Western Australia, he inspected a ship and ordered it
fumigated. This was an expensive operation, unwelcome by
some ship owners who had cosy relationships with their
regulators. Toomer came under fierce and sustained attack.
He lost his job, his family broke up and he ended up
destitute in bad health.
Regarding his case, there have been some 11 inquiries into
the affair over two decades, an expensive exercise for the
government and Toomer. Justice continues to be pursued
for Toomer, requesting that the federal government
formally exonerate him of the charges against him and
make a compensation payment, as has been recommended
more than once by government officials in the longlong-running
saga. But the government continues to stall and resist
action.
At the end of this session and with further
reading students should be able to.
Identify what a whistleblower is
Identify possible reasons for and against blowing
the whistle
Discuss the possible impacts on individual
whistleblowers
Synthesise information pertaining to action
Identify appropriate strategies to resolve the
particular issue within an Australian context.
Recognise possible pitfalls that whistleblowers may
face
Identify strategies to avoid common mistakes
made by whistleblowers
Objectives
At the end of this session and with further
reading students should be able to.
Identify what a whistleblower is
Identify possible reasons for and against
blowing the whistle
Discuss the possible impacts on individual
whistleblowers
Identify Australian protections for whistleblower
Synthesise information pertaining to
action
http://www.uow.edu.au/arts/sts/bmartin/pubs/04Calland.h
tml
1
Terms
colloquial terms
– Dobbing,
– Tattletale
– Snitch
– informant
Alternative terminology
– Whistle blower
– Public interest disclosure
– Good faith reporting
Not - Good Faith
reckless
disregard for or wilful
ignorance of facts that would
disprove the disclosure.
instances when a false report is
made and the person knows the
report is malicious, false, or frivolous
undertaken as part of a vindictive
agenda.
Whistleblower
A whistleblower is a person who discloses wrongdoing to
another person, whether within or outside the organisation
in which the wrong doing has occurred.
A concerned citizen, totally, or predominantly motivated by
notions of public interest, who initiates of her or his own
free will, an open disclosure about significant wrongdoing
directly perceived in a particular occupational role, to a
person or agency capable of investigating the complaint
and facilitating the correction of wrongdoing
Source: In the Public Interest August 1994 Commonwealth of Australia 1994
public interest reporting / Whistle
blowing
financial,
health
and
safety reasons
2
Options
Ignore what has occurred
Try to redress the situation as an
individual
Report
– Through organisations processes
– Through an independent third party
– Engage in legal processes
– Regulatory body
– Media
– Mandatory reporting
No action
Do
unto others as you would have
them do unto you; treat your
colleagues the way you would want
to be treated."
"I don't really know what happened."
"A lawsuit won't bring back a dead
person, heal an injury or change a
situation"
Action
a
duty to be truthful to
clients/patients?
compensation.
duty to protect others
Type of person
Historically known for their honesty and integrity
Model employee
–
–
–
–
–
–
–
–
Conscientious
Highly valued employee
Educated
Experienced
Efficient
Hardworking
Honest
Have an overall perception of how organisation functioned
Believe in the institutions of the Westminster system
(parliament and bureaucratic)
Strong belief in the law and its associated procedures
(Public Interest August 1994 Commonwealth of Australia
1994)
3
Additional
Commonly
see situations in terms of
black/white with very little grey
Very private people –loners
Inability to “shove something under
the rug”
Tried other means unsuccessfully
Anger drives their passion
Taylor (1999)
Differences between America &
Australia
Ralph Waldo Emerson
Environmental factors:
“Courage charms us, because it indicates
that a man loves an idea better than all
things in the world, that he is thinking
neither of his bed, not his dinner, nor his
money, but will venture all to put in the
act the invisible thought of his mind”.
a
result of a decline in ethical
standards the
An increase in self interest
greater public awareness of
processes and benefits
(cited in, Ventriss & Barney, 2003, p. 355)
4
Patterns of effects on
whistleblowers
Risk loss of earnings
additional financial loss
People experience;
– Intimidation
– Harassment
– Victimisation
– Personal abuse
– personal & professional reputation damage
protracted legal battles
damage to personal life (loss of spouse,
partner, family friends and health
Organisation’s responses
– trouble maker
– incompetent - having a reduced or serious defects in job
performance
– vindictive,
– having severe psychological problems
– low morals
Strategies employed
Denial of adequate staff to perform duties;
Frequent staff changes;
Frequent and undesirable office changes;
Refusal to assign meaningful work / provide excessive work
Unwarranted and unsubstantiated letters of reprimand or
unsatisfactory performance evaluations;
Demotion;
Reduction in pay;
Denial of promotion;
Suspension;
Dismissal;
Denial of employment;
A supervisor or superior encouraging peer to behave in a hostile
manner toward the whistleblower; or
A change in the physical location of the employee's workplace or a
change in the basic nature of the employee's job,
exerting pressure
attacking the whistleblower for example by describing the
individual as,
marginalising the individual
trivialise the problem
placing the onus of proof on the whistleblower
employment sanctions ensue
threaten to bring a defamation case against the individual
Australian legislation
Whistleblowers Protection Act 1993 in
South Australia
Whistleblowers Protection Act 2001 in
Victoria
Whistleblower Protection Act 1994 in
Queensland
Public Interest Disclosure Act 1994 in the
ACT
Protected Disclosures Act 1994 in NSW
Official Corruption Commission Act 1988 in
Western Australia.
5
Mandatory reporting
Appropriate disclosure mechanisms?
Reason non report
a lack of evidence;
lack of confidence in the authorities to
accurately evaluate or protect sexually
abused children;
adverse effects on the family's social
standing in the community;
potential to break up the family;
fear of breaking counsellorcounsellor-client
confidentiality.
(Goldman & Padayachi,
Padayachi, 2002)
Levels
states
& who reports varies between
Managers
“that managers need to create
organisational cultures in which employees
have faith in management as a whole and
will respond to reports of corruption — not
by shooting the messenger — but in a
positive manner. Encouraging an open and
accountable workplace is therefore not
just about complying with legislative
requirements, but about being an effective
manager.”
A report by Lala Camerer
6
Questions to be answered
How do you blow the
whistle?
Are my family and I financially and mentally
ready for a longlong-drawndrawn-out fight to prove
the issue?
Am I mentally ready to have my colleagues
and perhaps my friends turn against me
because of the action that I will take?
Am I ready for personal attacks against my
character and to have my past indiscretions
made public?
Questions continued
Do I have adequate documentation to
prove my allegations if I have access to
the relevant information terminated?
Am I sure that my motivations are to
expose the misconduct and not just sour
grapes, revenge, or public attention.
Am I financially and mentally ready to
change my career to work outside my
current field?
Proceeding?
consider
the issue of mistakes and
successes
tools to replicate successes and
avoid mistakes
7
Common mistakes
trusting
too much
not having enough evidence
using the wrong style
not waiting for the right opportunity
not building support
playing the opponent’s game
not knowing when to stop
Brian Martin (1999)
Evidence
sufficient
evidence
Trusting too much
Based on a belief that the system
functions as it should
an individual has a very strong sense of
right and wrong they expect all others to
be the same.
Need for
– proper investigation,
– preparation of an escape route,
– and weighing ones options
There is more than one perspective on
how to do the right thing in a situation.
using the wrong style
Reasoned
before making a claim
accuracy
Rational
Unemotive
evidence
rules
time frames
8
not building support
not waiting for the right opportunity
Patience
often = positive response
playing the opponent’s game
Formal
channels
Ensure
support prior to action
not knowing when to stop
When
to cut losses
9
Points to remember
Consider
these mistakes and plan
Select issue
The more serious the greater the
retribution
Where to Blow the Whistle cont
External
mechanisms
– the media,
– Legislation based forums
the
courts
administrative
forums
Where to Blow the Whistle
Internal
mechanisms Examples:
– anonymous reporting
– internal complaint mechanisms
Specific legislations
Victorian
Equal Employment
Opportunity Act
Commonwealth Disability
Discrimination Act
Occupational Health and Safety Act
Freedom of Information Act
10
Possible Government agency
outcomes
intervene
in the matter
conducting a regulatory hearing and
issuing fines or sanctions if
appropriate
investigating the issues
conducting corrective rulerule-making
proceedings
Media form considerations
The
range and number of stories in
the newspaper is greater than on
television.
More people watch television than
read the newspapers.
An article will tell more of the story
than coverage on the news.
The use of a picture can be worth a
thousand words.
Where to Blow the Whistle cont.
Anonymous
? sources
– advocacy groups may provide protective
cover for whistleblowers by giving them
anonymity
– external or internal hotlines,
– ombudsmen's offices,
– internet
11
