Issue No 47
 

How Not to Protect Whistleblowers

Bruce Smith

In 1992, the Whistleblowers Protection Bill was introduced into the NSW Parliament. The first version was condemned as inadequate and a second Bill was prepared. In November 1992, the Legislative Assembly referred Bill No 2 to a Committee for consideration, and upon which a report was released. It is the amendments recommended in that Committee report that forms the basis of discussion for this article. Issues discussed include annual reporting of disclosures and a report by the NSW Ombudsman in 1993 concerning criticisms of whistleblowing procedures. The scheme of the bill, aims behind its introduction and suggestions for improvement are further outlined.
 
 

Tales from the Cabinet woods

Peter Wilshurst

This article looks at the Cabinet exemption contained within the NSW FoI Act, in relation to an appeal against a decision of the Full Bench of the New South Wales Industrial Commission to order the production of Cabinet documents relating to a pay rise for public servants, at the time before the NSW Court of Appeal. The case of the Commonwealth of Australia v Northern Land Council 112 ALR 409 is examined, in which it was conceded by the High Court that exceptional circumstances could exist whereupon a court could order Cabinet document production by giving preference to the need for public interest in the proper administration of justice over the need for Cabinet confidentiality.
 
 

Unauthorised use of government information in New South Wales: Report of the Independent Commission Against Corruption

Alexis Hailstones

This article summaries and examines the report of the Independent Commission against Corruption. Discussion centres around the investigation process, and the results uncovered which included the trade of government information, its process and the players. The reasons for this information trade is discussed, as are the recommendations that the report outlined.

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