The Independent Commission Against Corruption has released a discussion paper about whistleblower protections in South Australia and they’re keen to hear your feedback.
ICAC is now calling for submissions from anyone who has something to say about the state’s whistleblower protection regime.
Commissioner Emma Townsend recently announced that ICAC would embark upon a project examining the adequacy and effectiveness of whistleblower protections in South Australia, and the release of the discussion paper and call for submissions is the first major milestone for the project.
"Whistleblowers play a vital role in the exposure of wrongdoing in public administration and, therefore, the maintenance of public integrity," Commissioner Townsend, pictured, said.
"Recent data suggests that some South Australians remain reticent to report notwithstanding the protections in the Public Interest Disclosure Act 2018 (SA).
"South Australia has an opportunity to take a close look at whether our whistleblower protection regime is sufficient."
Commissioner Townsend said that corruption in public administration was notoriously difficult to detect.
"It is usually well concealed and often has no direct victim motivated to complain," she said.
"Without courageous insiders reporting suspected corruption when they see it, I have no doubt that a great deal of it would remain hidden.
"Much of ICAC’s investigative work is instigated by whistleblowers. They play a vital role in the exposure of wrongdoing in public administration."
The Commissioner recognised that insiders who report wrongdoing often do so at significant personal risk.
"Those who speak up about the conduct of others within their organisation may be vulnerable to retaliation, expose themselves to liability, and experience significant stress and isolation," she said.
"The portrayal of whistleblowers in the media is not always fair – some have been painted as disgruntled employees with an axe to grind. These factors have the potential to act as a strong deterrent, discouraging those with valuable information from coming forward."
Commissioner Townsend said South Australia had a long history of protecting and encouraging whistleblowers, with SA being the first jurisdiction to enact laws to facilitate disclosures of, and protect those who disclose, information in the public interest.
Those laws were then replaced with the Public Interest Disclosure Act, however the Commissioner said despite these safeguards many were still reluctant to report perceived wrongdoing.
"On paper, this Act appears to provide good protections to whistleblowers in terms of shielding them from liability for their disclosures, protecting their identity, and prohibiting victimisation of them as disclosers," Commissioner Townsend said.
"Despite these legislative protections, data from ICAC’s 2024 Public Integrity Survey indicates that there remains a disinclination amongst South Australians to report."
When compared with data from ICAC’s previous public integrity surveys the 2024 results were slightly worse, with only 21 per cent of public officers confident that their organisation would protect them, down from 25 per cent in 2021.
Thirty eight per cent of public officers thought they would be in trouble with colleagues if they made a report, compared with 35 per cent in 2021, and 52 per cent of public officers would be worried about their job if they report, compared with 48 per cent in 2021.
"More than six years have passed since our Public Interest Disclosure Act came into force. It is time South Australia took a close look at whether it is sufficient," Commissioner Townsend said.
The discussion paper (external site) (PDF) (external site) (PDF), which is now released, contains an overview of the regime and prompts consideration of nine key issues relating to the regime, however ICAC is interested to hear about any important matters concerning whistleblower protections in South Australia.
ICAC now invites any individual or group with knowledge, experiences or views they wish to share about whistleblowing in South Australia to make a submission, before 10 November 2025.
ICAC is gathering information with a view to making recommendations to the South Australian Parliament, including about whether improvements need to be made to the Act and whether there is a need for other initiatives to ensure whistleblowers are protected and whistleblowing is encouraged.
More information about the project, including how to make a submission, is available here (external site) (external site).
