Ivana Bacik (Independent)

I move amendment No. 2:

In page 5, line 23, to delete "has been or is being" and substitute "may have been or may be being".

Amendments Nos. 2 and 4 relate to a similar concern in respect of the whistleblower protection in section 4. Again, we felt the onus is being placed, under the Minister's wording, on the whistleblower to be clear that he or she had formed an opinion that an offence under the Prevention of Corruption Act has been or is being committed. Using the Minister's wording, the onus is placed on the whistleblower to form an opinion that an offence has been or is being committed. In our view, that is too heavy an onus on a potential whistleblower. It seems as if it requires the whistleblower to know what sort of offences are envisaged under the Prevention of Corruption Act before he or she would report any opinion to anyone in authority about his or her view.

Our amendment would give greater protection to whistleblowers and create a more encouraging climate for potential whistleblowers. Instead of stating the whistleblower must have formed the opinion that an offence has been or is being committed, it would be somewhat more nuanced and would state that an offence "may have been or may be being" committed.

We cannot presume that every potential whistleblower, including, as Senators Norris and Regan said, very young people who may be very vulnerable and easily intimidated, would know the law on corruption offences - in fact, we cannot presume anyone knows what the Prevention of Corruption Act states in terms of offences. Therefore, it would be a more appropriate approach to state they must have formed an opinion or suspicion in good faith that an offence "may have been or may be being" committed. This does not change the substance of the section but it creates a little more space for a whistleblower to form an opinion in good faith and to be clear he or she will be protected if he or she reports or discloses that suspicion to somebody in authority.

Amendment No. 4 refers to subsection (3), where "a person has committed or is committing an offence". The amendment seeks to introduce the term "may have committed or may be" committing an offence. To put it in plain language, if a potential whistleblower thinks somebody may be committing an offence of corruption, the person can report that in good faith. It does not require that the person believes an offence of corruption has been or is being committed. It is a nuanced amendment, which we believe creates a more welcoming and encouraging climate for potential whistleblowers, whom we want to encourage to make disclosure in good faith of suspicions and opinions about corruption.