Whistleblower protections included in updated anti-corruption principles

Protection for whistleblowers has been added to a list of best practice principles for the nation’s corruption commissions, which also include mandatory corruption reporting in the public sector.

Meeting at a Public Sector Anti-Corruption Conference in Darwin on Wednesday, anti-corruption chiefs from ten bodies across Australia on Wednesday released their 12 fundamental principles for corruption commissions, which underline the need to be able to function independently.

The list came out of a review of best practice principles released in December 2022.

A key addition to the original principles calls for protections for whistleblowers and witnesses, saying anyone who refers information or gives evidence to a commission should be immune from any criminal, civil, administrative or disciplinary liability.

Public sector accountability

The principles say anti-corruption commissions should be empowered to consider an allegation of corruption referred by any third party including public sector employees, heads of government agencies or departments, holders of public office and members of the public. 

They also say it should be mandatory for public sector agency heads to report allegations of corruption relating to their agency to the Anti-Corruption Commission, and that anti-corruption commissions should have coercive powers to obtain information and evidence, and the ability to make recommendations to agency heads.

Proportionate oversight of watchdogs is also contained in the principles.

“Given the powers available to Anti-Corruption Commissions, effective and proportionate oversight of Commissions should be established, to ensure transparency and accountability,” they say.

“Appropriate oversight mechanisms include an independent inspectorate and parliamentary oversight through a dedicated parliamentary committee.”

The 12 principles are intended to provide a framework for legislation and policy governing anti-corruption and integrity commissions.

They are informed by the Jakarta Principles for Anti-Corruption Commissions.

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