Whistleblowers Australia |
| Other Ways to
Blow the Whistle |
|
Whistleblowers
need to keep in mind that whistleblowing outside of a statutory system
or
scheme isn’t any more or less risky than it was before the advent of
stand-alone legislation. Why?
Because the existing statutory protections are only required
to be retrospective
in their action or effect. That is,
they are designed to operate as a legal defence in a court case and can
have no
effect unless or until a court determines otherwise.
That is,
there is no obligatory statutory 'presumption' that ensures that, once
having
invoked the act, you will be protected upfront
from reprisals that otherwise
might be inflicted, unless or until such a time as a court determines
otherwise. Until that happens,
statutory protection will remain illusory and at the whim of your
employer, notwithstanding the exhortations provided by worthy model
policies and
guidelines. 'The Whistleblower's Handbook', (http://www.bmartin.cc/pubs/99wh.html) tells you how legislation will ultimately fail you when you need it most. Heed that advice.
The handbook also gives
you information on how to blow the
whistle using the news media or the web, for example, on YouTube or through a journalist’s blog
site. If you get an opportunity,
remember media opportunities rarely knock twice. Wikileaks and some private corporate hotlines are also available; search online for options.
Generally, use the
media and/or legislation if it makes
sense for you to do that. Get
advice. Know the limitations and use
either or both proactively, even against your employer. Don’t
slavishly adhere to systems or
procedural requirements if (e.g.) the threat of public harm is both
real and
imminent. Remember that the quality of the information you hold and doing everything in the public’s interest and very publicly are still the best protections, with or without legislation. Bide your time. Make yourself as safe as you can. Let none of what you do be unplanned or impromptu. |