Protection for private-sector workers who tell on bosses

By EUGENE BINGHAM

Private-sector employees will have the protection of a new law if they approach outside authorities about serious wrong-doing by their bosses.

Changes were lodged in Parliament yesterday to bring private companies under the powers of a law designed to shield whistle-blowers.

The new legislation, which will come into effect next January 1, encourages workers with serious concerns about actions within their organisation to first try to have it dealt with internally.

But it also gives them the right to approach outside authorities such as the police or Auditor-General if they believe their boss may be involved in the wrong-doing.

If nothing is done about their complaint, they can then go to a cabinet minister.

The Protected Disclosures Bill was originally introduced to Parliament by National in 1996.

It was dealt with by a select committee, which removed the private sector from the legislation after calls from about half those who made submissions.

The Labour-Alliance Government has decided to draw companies back under the law and seek to have it passed next week.

State Services Minister Trevor Mallard said the basis of the bill was to give workers protection, including immunity from criminal or civil liability, if they appropriately disclosed serious wrongdoing.

"That right should not alter depending on whether your boss is a crown agency or part of the private sector ... Hazardous dumping of noxious waste is a public-safety issue no matter who does the dumping."

The select committee report on the bill said the inclusion of the private sector was "an erosion of important constitutional distinctions between public and private entities."

The bill had its beginnings after the case of Neil Pugmire, a Lake Alice psychiatric nurse who suffered disciplinary action when he released information about the release of a patient in 1994 to MP Phil Goff.

The bill defines "serious wrongdoing" as unlawful, corrupt or irregular use of public money, or something that poses a risk to public health and safety or breaks the law.

Newspaper editors have expressed concerns about some of the bill's provisions, fearing that they could lead to suppression of information in the public interest.

The Commonwealth Press Union chairman, Richard Long, said yesterday that the bill had the right aims but overlooked the important watchdog role of newspapers in a free society.

He said the bill would protect those who exposed in "an appropriate manner" serious wrongdoing - but that meant blowing the whistle within a narrowly prescribed fashion, such as within the organisation concerned.

"For a host of reasons many people might not be prepared to go along with this, although they would be prepared to disclose information to a newspaper for investigation."

Mr Long said he hoped the Government would consider specifically including newspapers in the legislation, otherwise the bill was more likely to lead to the suppression of information which should become public.