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2022-2025
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
WHISTLEBLOWER PROTECTION AUTHORITY BILL 2025
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators David Pocock and Lambie)
WHISTLEBLOWER PROTECTION AUTHORITY BILL 2025
OUTLINE
This Bill establishes the Whistleblower Protection Authority - a new, independent statutory
authority responsible for providing information, advice, assistance, guidance and support to
whistleblowers and potential whistleblowers. The Authority will have jurisdiction over all
Federal whistleblower protection laws.
The Whistleblower Protection Authority will consist of a Whistleblower Protection
Commissioner, Deputy Commissioners, a Chief Executive Officer and appropriately
experienced and trained staff. The Bill also establishes a Whistleblower Protection Advisory
Board and Parliamentary Joint Committee on the Whistleblower Protection Authority.
The Whistleblower Protection Authority will be empowered to receive and facilitate the
investigation of whistleblower disclosures; provide assistance, advice, guidance and support
to whistleblowers and potential whistleblowers in making a disclosure of wrongdoing;
investigate the mistreatment of whistleblowers; and undertake enforcement activities as
necessary. It will also undertake educational activities, and monitor and provide advice
regarding the prevention of detrimental acts and omissions with respect to eligible
whistleblowers.
A Whistleblower Protection Authority is the missing piece in Australia's integrity
framework. People should not be punished for telling the truth, or for exposing misconduct or
wrongdoing. This Bill goes some way to helping whistleblowers and potential whistleblowers
navigate the legal landscape when revealing evidence of misconduct, and ensuring that they
feel supported when making disclosures of wrongdoing.
FINANCIAL IMPACT
The bill will have no financial impact.
PART 1 - PRELIMINARY
Clause 1: Short title
1. This clause is a formal provision and specifies the short title of the Act as the
Whistleblower Protection Act 2025.
Clause 2: Commencement
2. This clause provides for the commencement of the Act on the day after this Act
receives the Royal Assent.
Clause 3: Simplified outline of this Act
3. This clause outlines that the Act provides for the appointment of the Whistleblower
Protection Commissioner and establishes the Whistleblower Protection Authority.
4. The functions of the Whistleblower Protection Commissioner include:
a) Receiving and facilitating the investigation of disclosures of wrongdoing; and
b) Providing assistance, advice, guidance and support to whistleblowers and
potential whistleblowers in relation to making a disclosure of wrongdoing; and
c) Investigating any mistreatment of whistleblowers and undertaking
enforcement activities as necessary.
Clause 4: Objects of Act
5. This clause specifies the objects of the Act. It also establishes the Whistleblower
Protection Authority to assist in achieving these objects.
6. The Whistleblower Protection Authority will achieve these objects by providing
assistance, advice, guidance and support to eligible persons who disclose wrongdoing in
Australia or in relation to Australian institutions. It specifies which Commonwealth laws fall
within its remit.
7. Additionally the Whistleblower Protection Authority will conduct research and policy
work in relation to the efficacy of Australia's whistleblower protection laws; and will
monitor, educate and advise on preventing detrimental acts against whistleblowers.
Clause 5: Act binds the Crown
8. This clause sets out that this Act binds the Crown in right of the Commonwealth.
Clause 6: Extension to external Territories
9. This clause provides that the Act applies in every external Territory.
Clause 7: Application of this Act outside Australia
10. This clause confirms that the Act applies both within and outside Australia.
Clause 8: Definitions
11. This clause defines several terms used within the Act.
12. Of particular relevance, a 'whistleblower protection issue' is defined as an act or
omission constituting reprisal or victimisation which causes detriment to any person as a
result of that person or any other person making a whistleblower disclosure under a
Commonwealth law to which this Act applies; or where the failure of a person or body to
fulfil their obligations in respect of a whistleblower or potential whistleblower disclosure
leads to, or is likely to lead to, detriment or harm to any person. This includes an allegation,
reasonable suspicion, or information relating to such an act, omission or failure.
PART 2 - THE WHISTLEBLOWER PROTECTION AUTHORITY
Division 1 - The Commissioner
Clause 9: The Commissioner
13. This clause establishes the Whistleblower Protection Commissioner as an independent
officer of the Parliament. It provides that the Commissioner's functions, powers, rights,
immunities and obligations are specified within this Act and in other acts.
Clause 10: Functions of the Commissioner
14. This clause stipulates what the functions of the Commissioner are. This includes
providing advice, assistance, guidance and support relating to the making of disclosures of
wrongdoing. It also includes ensuring the person making the disclosure is provided with
appropriate support and protection.
15. In addition, the Commissioner will be able to receive disclosures of wrongdoing from
any person. They will be required to safeguard the identity and confidentiality of any person
who makes a disclosure.
16. The Commissioner will assess and, where appropriate, refer disclosures of
wrongdoing to the appropriate bodies. They will be able to monitor agencies and bodies and,
where appropriate, provide advice or assistance to those agencies and bodies in respect of
whistleblower protection issues. This includes managing, overseeing or reviewing the manner
in which Commonwealth agencies manage whistleblower disclosures.
17. The Commissioner may, on their own initiative or at the request of the Minister or
either House of the Parliament, make reports and recommendations to the Parliament about
the need for or desirability of legislative or administrative action regarding whistleblower
protection.
18. The Commissioner can investigate detrimental action incurred by a whistleblower,
arising or resulting from disclosing wrongdoing, and conduct public inquiries into such
matters. They may report on the results of such inquiries and investigations and communicate
with appropriate authorities and to the public about the findings of such investigations and
inquiries.
19. Importantly, the Commissioner may provide or arrange for the provision of legal
advice, representation or other practical support to whistleblowers and potential
whistleblowers who are, or may become, a party to proceedings in a court or to a matter
before an industrial, civil or administrative body. Moreover they have the ability to
commence proceedings in a court or make applications to an industrial, civil or administrative
body.
Division 2 - The Deputy Commissioners
Clause 11: The Deputy Commissioners
20. This clause provides that there may be up to two Whistleblower Protection Deputy
Commissioners (also referred to as the "Deputy Commissioners").
Clause 12: Functions of a Deputy Commissioner
21. This clause stipulates what the functions of a Deputy Commissioner are. This includes
providing input and approving the strategy, policies and operational plan of the
Whistleblower Protection Authority.
22. The Deputy Commissioner(s) may also determine criteria for what matters should be
investigated, and review case decisions against those criteria.
23. The Deputy Commissioner(s) may also be required to provide advice on matters
deemed appropriate by the Whistleblower Protection Advisory Council, and they may
undertake educational or representative activities as determined by the Advisory Council.
24. The Deputy Commissioner(s) may assist the Commissioner in the performance of the
Commissioner's functions.
25. In performing their functions, a Deputy Commissioner must comply with any
directions from the Commissioner.
Division 3 - The Whistleblower Protection Authority
Clause 13: Establishment of the Whistleblower Protection Authority
26. This clause establishes the Whistleblower Protection Authority. It also outlines the
requirements of the Authority for the purposes of finance law.
Clause 14: Constitution of the Authority
27. This clause provides that the Authority shall consist of the Commissioner, the Deputy
Commissioners, the CEO and relevant staff.
Clause 15: Functions of the Authority
28. This clause stipulates that the functions of the Authority include assisting the
Commissioner and any Deputy Commissioner in performing their respective functions.
PART 3 - WHISTLEBLOWER PROTECTION
Division 1 - Disclosures, information and requests
Clause 16: Receipt of disclosures, information or requests
29. Subclause 16(1) provides that a person may make, or provide information about, a
disclosure of wrongdoing to the Commissioner. It also provides that a person may request
information, advice, guidance or assistance in relation to a whistleblower (or potential
whistleblower) disclosure or a whistleblower protection issue from the Commissioner.
30. Subclause 16(2) enables the person to make a disclosure on behalf of another person,
Commonwealth agency or body, or association of persons. It also enables the person to make
the disclosure or request anonymously, and either orally or in writing.
31. However, if the disclosure or request is made orally, the Commissioner may require
the person to put the disclosure, request or information in writing. The Commissioner may
refuse to deal with the matter further if the person refuses to do so.
Clause 17: Person making disclosure or request may elect to be kept informed
32. Under Clause 17, the Commissioner must ask the person making a disclosure or
request whether they would like to be kept informed of the action taken by the Authority.
This clause does not apply if the disclosure or request was made anonymously or in a way
that makes the person uncontactable.
Clause 18: Public officials must refer whistleblower protection issues
33. Clause 18 requires a public official to refer an allegation or information that raises a
whistleblower protection issue to the Commissioner as soon as practicable after becoming
aware of it.
34. If the public official is an employee of a Commonwealth agency other than the head
of the agency, the public official must notify the head of the agency, who (as a public official
themselves) then must refer the matter to the Commissioner.
35. This requirement does not apply if the public officer has already taken action in
relation to the specific allegation or information, or the person has reasonable grounds to
assume that the Commissioner is already aware of the matter.
Clause 19: Commissioner may enter into agreements etc. with head of Commonwealth
agency
36. Clause 19 enables the Commissioner to enter into an agreement with, or issue
directions or guidance to, the head of a Commonwealth agency in relation to the level of
detail required to refer an allegation or information to the Commissioner and/or the way in
which information or material related to an allegation may be given to the Commissioner.
37. Subclause 19(4) provides a list of the agencies the Commissioner must consult with
before issuing directions or guidance, or entering into an agreement.
Clause 20: General information, advice, guidance and assistance
38. This clause stipulates that the Commissioner is to provide general information,
advice, guidance and assistance to persons who make, or provide information about,
disclosures of wrongdoing; request information, advice, guidance and assistance in relation to
a disclosure of wrongdoing or a whistleblower protection issue; are responsible for
whistleblower protection responsibilities within a Commonwealth agency or any other body
in relation to whom a disclosure of wrongdoing can apply; or are responsible for investigating
or otherwise dealing with whistleblower disclosures.
39. Subclause 20(2) provides a list of the agencies and organisations the Commissioner
must consult with when determining the nature of the general information, advice, guidance
and assistance.
40. Under subclause 20(3), the Commissioner must ensure that the relevant staff within
the Authority are appropriately trained and experienced in providing the relevant advice,
guidance and support.
Division 2 - Dealing with disclosures of wrongdoing and whistleblower protection issues
Subdivision A - General
Clause 21: How the Commissioner may deal with disclosures of wrongdoing
41. This clause provides that the Commissioner may refer a whistleblower disclosure or
information about a whistleblower disclosure to the relevant agency for investigation. In
doing so, the Commissioner may request the head of any government agency to give the
Commissioner any information specified in the request, and the head of the agency must
comply with that request.
42. The Commissioner is also empowered to monitor the way in which the agency
investigates or deals with the disclosure or information; provide advice, guidance or
assistance to both the person who made the disclosure and the agency or any other person
with respect to the way in which the agency investigates or deals with the disclosure.
Clause 22: How the Commissioner may deal with whistleblower protection issues
43. This clause specifies that the Commissioner may deal with an allegation, or
information that raises a whistleblower protection issue, by investigating the whistleblower
protection issue. They may choose to do this either alone or jointly with another appropriate
government agency.
44. The Commissioner may also refer the whistleblower protection issue to the relevant
agency for investigation, with the Commissioner maintaining the authority to manage or
oversee the investigation.
Clause 23: Criteria for deciding how to deal with a disclosure of wrongdoing or
whistleblower protection issue
45. This clause stipulates what factors the Commissioner must have regard to in deciding
how to deal with a whistleblower disclosure or whistleblower protection issue (including
whether or not to take any action).
Clause 24: Dealing with multiple whistleblower protection issues
46. This clause enables the Commissioner to exercise their discretion to determine
whether to deal with a number of whistleblower protection issues together or separately.
Subdivision B - Commissioner dealing with referred whistleblower protection issues
Clause 25: Commissioner must make a decision
47. Clause 25 requires the Commissioner to determine what action (if any) they intend to
make about any allegation, information or a matter that raises a whistleblower protection
issue which is referred to them. The Commissioner must decide whether to deal with the
matter in accordance with Clause 22 or take no further action.
48. If the Commissioner decides to take no further action, they must be satisfied that the
whistleblower protection issue is already being, or will be, investigated by another
government agency; or the allegation or information which raises the issue is frivolous or
vexatious; or the whistleblower protection issue has been, is or will be, the subject of court
proceedings or an application to an industrial, civil or administrative body; or the
investigation of the whistleblower protection issue is not warranted having regard to all the
circumstances.
49. In making their decision, the Commissioner may request information from the head of
any government agency, and the head of the agency must comply with that request.
50. The Commissioner may direct the head of any government agency to not investigate
the whistleblower protection issue if the Commissioner is dealing with the matter in
accordance with Clause 22.
Clause 26: Advising person who raises whistleblower protection issue of decision about
how to deal with issue
51. This clause requires the Commissioner to advise any person (who has elected to be
kept informed) who makes an allegation, or provides information, that raises a whistleblower
protection issue of their decision under clauses 25 or 31 of this Act. This advice must be
provided in writing and as soon as practicable after the decision is made.
52. However, the Commissioner is not required to advise the person if the Commissioner
is satisfied that doing so is likely to prejudice the relevant investigation or any other
investigation; or the protection of persons involved in relation to the whistleblower protection
issue.
Clause 27: Advising person to whom referred whistleblower protection issue relates of a
decision about how to deal with issue
53. This clause provides that the Commissioner may advise a person whom a referred
whistleblower protection issue relates to of their decision.
Subdivision C - Commissioner dealing with whistleblower protection issues on own
initiative
Clause 28: Commissioner may deal with whistleblower protection issues on own
initiative
54. This clause empowers the Commissioner to deal with a whistleblower protection
issue, in accordance with subclause 22(1), on their own initiative.
55. The Commissioner may request information from the head of any Commonwealth
agency in making such a decision, and the head of the agency must comply with the request.
56. If the Commissioner decides to deal with a whistleblower protection issue as it relates
to a Commonwealth agency, the Commissioner may direct the head of the agency that the
agency is not to investigate the issue.
Clause 29: Advising head of Commonwealth agency of decision to deal with
whistleblower protection issue on own initiative
57. Under Clause 29, if the Commissioner decides, on their own initiative, to deal with a
whistleblower protection issue, in accordance with subclause 22(1), and that issue relates to
the conduct of a person who is an employee of a Commonwealth agency (other than the head
of that agency), the Commissioner must advise the head of that agency in writing and as soon
as reasonably practicable. This requirement does not apply if doing so would likely prejudice
the investigation or any action taken as a result of the investigation.
Clause 30: Advising person of decision to deal with whistleblower protection issue on
own initiative
58. This clause provides that if the Commissioner decides, on their own initiative, to deal
with a whistleblower protection issue, in accordance with subclause 22(1), the Commissioner
may advise the person of that decision.
Subdivision D - Reconsidering how to deal with a whistleblower protection issue
Clause 31: Reconsidering how to deal with a whistleblower protection issue
59. This clause enables the Commissioner to reconsider, at any time, how a particular
whistleblower protection issue should be dealt with. This includes deciding to commence
dealing with a whistleblower protection issue in accordance with subclause22(1), deciding to
deal with the whistleblower protection issue in another of the ways specified in subclause
22(1), or deciding to take no further action in relation to the whistleblower protection issue.
60. However, if the Commissioner decides to take no further action in relation to the
whistleblower protection issue, they must be satisfied that the whistleblower protection issue
is already being, or will be, investigated by another government agency; or the allegation or
information which raises the issue is frivolous or vexatious; or the whistleblower protection
issue has been, is or will be, subject of court proceedings or an application to an industrial,
civil or administrative body; or the investigation of the whistleblower protection issue is not
warranted having regard to all the circumstances.
Division 3 - Information sharing when decision made on how to deal with whistleblower
protection issue
Clause 32: If Commonwealth agency to conduct, or continue conducting, investigation
of whistleblower protection issue
61. If the whistleblower protection issue relates to a matter which either has been referred
to the Commissioner by the head of an agency, or to an agency by the Commissioner, this
clause stipulates that the Commissioner must provide the head of the Commonwealth agency
investigating the matter with the relevant information and documentation which relates to the
matter.
Clause 33: If Commonwealth agency has already commenced investigating
whistleblower protection issue
62 If a Commonwealth agency has already commenced investigating a whistleblower
protection issue, this clause empowers the Commissioner to direct the head of the
Commonwealth agency to provide the Commissioner with all relevant information and
documentation that relate to the matter.
Division 4 - Investigations and public inquiries by the Commissioner
Clause 34: Manner and powers of investigation
63 This clause provides that Parts 7, 8 and 9 of the National Anti-Corruption
Commission Act 2022 apply to an investigation or public inquiry made by the Whistleblower
Protection Commissioner, so that the provisions that will apply to the Whistleblower
Protection Commissioner are the same as would apply to the Commissioner of the National
Anti-Corruption Commission with respect to them conducting an investigation or public
inquiry.
Division 5 - Remedial functions and powers
Clause 35: Additional recommendations
64. Without limiting any of the recommendations the Commissioner thinks fit to make in
a report of an investigation, a public inquiry, or a special report, this clause provides a list of
recommendations the Commissioner might choose to make.
Clause 36: Proceedings and applications
65. This clause empowers the Commissioner to commence proceedings in a court or
make applications to an industrial, civil or administrative body in relation to a whistleblower
protection issue if they are satisfied that it is in the public interest to do so.
66. It also enables the Commissioner to provide or arrange for the provision of legal
advice, representation or other practical support to whistleblowers and potential
whistleblowers. Practical support may include payments for non-legal costs, services, living
support or a reward.
Clause 37: Mediation and arbitration
67. This clause enables the Commissioner to mediate or arbitrate a dispute between two
or more parties in respect of a whistleblower protection issue when the Commissioner is
satisfied that it is in the public interest to do so.
Clause 38: Enforceable undertakings relating to contraventions of civil remedy
provisions
68. Where the Commissioner reasonably believes that a person has contravened a civil
remedy provision in relation to a whistleblowing protection responsibility, this clause
provides that the Commissioner may accept a written undertaking from the person in relation
to the contravention.
69. Where the Commissioner considers that the person who gave the undertaking has
contravened any of its terms, the Commissioner may apply to the Federal Court, Federal
Circuit and Family Court or a State or Territory Court for an order specified under subclause
38(6).
PART 4 - ADMINISTRATIVE PROVISIONS FOR THE WHISTLEBLOWER
PROTECTION AUTHORITY
Division 1 - Appointment of the Whistleblower Protection Commissioners
Clause 39: Appointment of the Commissioner
70. Clause 39 stipulates that the Governor-General will appoint the Commissioner on the
recommendation of the Minister. Before making the recommendation, the Minister must have
referred the proposed recommendation to the Parliamentary Joint Committee on the
Whistleblower Protection Authority (established under Part 6 of this Act) and had the
recommendation approved by the Committee.
71. The Minister must be satisfied that the person has suitable qualifications and is of
good character to be appointed as the Commissioner.
72. Subclause 39(4) provides that the Commissioner may be appointed for the period
specified in the instrument of appointment, which must not exceed 7 years. The
Commissioner may be reappointed only once, and they must be appointed on a full-time
basis.
Clause 40: Appointment of the Deputy Commissioners
73. Clause 40 stipulates that the Governor-General will appoint the Deputy
Commissioners on the recommendation of the Minister. Before making the recommendation,
the Minister must have referred the proposed recommendation to the Parliamentary Joint
Committee on the Whistleblower Protection Authority (established under Part 6 of this Act)
and had the recommendation approved by the Committee.
74. The Minister must be satisfied that the person has suitable qualifications and is of
good character to be appointed as a Deputy Commissioner. Additionally, at least one Deputy
Commissioner must have appropriate experience in relation to government investigations or
regulatory, accountability or enforcement practices; and at least one Deputy Commissioner
must have appropriate experience in relation to relevant private sector law.
75. A person who has previously been appointed as Commissioner is not able to be
appointed as Deputy Commissioner.
76. Subclause 40(6) provides that a Deputy Commissioner may be appointed for the
period specified in the instrument of appointment, which must not exceed 7 years. A Deputy
Commissioner may be reappointed only once, and they may be appointed on a full-time or
part-time basis.
Clause 41: Acting appointments
77. This clause enables the Minister to appoint a person to act as the Commissioner or a
Deputy Commissioner during a vacancy in the office, or during any and all periods when the
78. Commissioner or a Deputy Commissioner is absent from duty or from Australia; or is
for any reason unable to perform their duties.
79. A person must not be appointed to act as a Commissioner or Deputy Commissioner
unless they meet the requirements of subclauses 39(3) and 40(3).
Clause 42: Remuneration
80. This clause provides that the Remuneration Tribunal will set the amount a
Commissioner is to be paid. If no determination by the Tribunal is in operation, a
Commissioner is to be paid the remuneration prescribed by the rules.
81. The rules will prescribe what allowances a Commissioner will be paid.
Clause 43: Leave of absence
82. The Remuneration Tribunal will determine the recreation leave entitlements of a
Commissioner. The Minister may grant a Commissioner a leave of absence on the terms and
conditions that the Minister determines.
Clause 44: Other paid work
83. Clause 44 forbids a Commissioner to engage in any external paid work without the
Minister's approval.
Clause 45: Disclosure of interests
84. Subsection 29(1) of the Public Governance, Performance and Accountability Act
2013 provides that 'an official of a Commonwealth entity who has a material personal
interest that relates to the affairs of the entity must disclose details of the interest.'
85. Under clause 45, a Commissioner must disclose such interests to the Minister.
Clause 46: Other terms and conditions
86. This clause provides that the terms and conditions applicable to a Commissioner
beyond this Act are as determined by the Governor-General.
Clause 47: Resignation
87. This clause provides that a Commissioner may resign their appointment in writing to
the Governor-General. The resignation will take effect on the day received by the Governor-
General, or if a later day is specified, on that later day.
Clause 48: Termination of appointment
88. This clause stipulates that the Governor-General may terminate the appointment of a
Commissioner if each House of the Parliament requests the removal of the Commissioner
because of misbehaviour or a belief that the Commissioner is unable to perform their duties
because of physical or mental incapacity.
89. Subclause 48(2) provides a list of the circumstances in which the Governor-General
must terminate the appointment of a Commissioner.
Division 2 - The CEO, staff etc. and authorised officers
Subdivision A - Appointment and functions of the CEO
Clause 49: The Chief Executive Officer
90. This clause requires there to be a Chief Executive Officer (hereinafter referred to as
the "CEO") of the Whistleblower Protection Authority.
Clause 50: Functions of the CEO
91. This clause stipulates that the CEO will be responsible for managing the affairs of the
Authority and ensuring the Authority performs its functions. Subclause 50(2) empowers the
CEO to do all things necessary or convenient to perform their functions.
Clause 51: Commissioner may give directions to CEO
92. Clause 51 enables the Commissioner to give directions to the CEO about the
performance of the CEO's functions. The CEO must comply with such a direction.
Clause 52: Appointment of CEO
93. This clause stipulates that the Governor-General will appoint the CEO on the
recommendation of the Minister. Before making the recommendation, the Minister must have
referred the recommendation to, and received approval from, the Commissioner. In approving
the recommendation, the Commissioner must be satisfied that the person has the appropriate
qualifications, knowledge or experience.
94. The CEO holds office for the period specified in the instrument of appointment,
which must not exceed 5 years. They must be appointed on a full-time basis.
Clause 53: Acting appointments
95. This clause enables the Commissioner to appoint a person to act as the CEO during a
vacancy in the office, or during any and all periods when the CEO is absent from duty or
from Australia; or is unable for any reason to perform their duties.
Clause 54: Remuneration
96. This clause provides that the Remuneration Tribunal will set the amount the CEO is to
be paid. If no determination by the Tribunal is in operation, the CEO is to be paid the
remuneration prescribed by the rules.
97. The rules will prescribe what allowances the CEO will be paid.
Clause 55: Leave of absence
98. This clause stipulates that the Remuneration Tribunal will determine the recreation
leave entitlements of the CEO. The Commissioner may grant the CEO a leave of absence on
the terms and conditions that the Minister determines.
Clause 56: Other paid work
99. Clause 56 forbids the CEO from engaging in any external paid work without the
Commissioner's approval.
Clause 57: Other terms and conditions
100. This clause extends the terms and conditions applicable to the CEO beyond this Act,
as determined by the Commissioner.
Clause 58: Resignation
101. This clause provides that the CEO may resign their appointment in writing to the
Governor-General. The resignation will take effect on the day received by the Governor-
General, or if a later day is specified, on that later day.
Clause 59: Termination of appointment
102. This clause stipulates that the Governor-General may terminate the CEO for
misbehaviour or if the CEO is unable to perform their duties because of physical or mental
incapacity.
13. Subclause 59(2) provides a list of the circumstances in which the Governor-General
must terminate the appointment of the CEO.
Subdivision B - Staff and consultants etc.
Clause 60: Staff
104. This clause confirms that staff of the Whistleblower Protection Authority must be
engaged under the Public Service Act 1999.
105. Subclause 60(2) confirms that, for the purposes of the Public Service Act 1999, the
CEO and APS employees assisting the CEO constitute a Statutory Authority, with the CEO
being the Head of that Statutory Authority.
Clause 61: Consultants
106. Clause 61 enables the CEO to engage consultants, in accordance with terms and
conditions that the CEO determines in writing.
Clause 62: Persons assisting the Authority
107. This clause states that the Whistleblower Protection Authority may be assisted by
officers and employees of other agencies. Additionally, the CEO may make arrangements
with state or territories governments, or with foreign governments, in connection with the
performance of any of the Authority's functions.
Clause 63: Meaning of staff member of the Authority
108. This clause confirms who is considered a staff member of the Authority.
Division 3 - Immunities of staff members of the Authority
Clause 64: Immunity from civil proceedings for staff members of the Authority and
persons assisting
109. This clause exempts a staff member of the Authority from liability in civil
proceedings in relation to an act done, or omitted to be done, in good faith and in accordance
with the Act. This immunity extends to persons assisting a staff member at the request of the
Commissioner.
Clause 65: Immunities from certain State and Territory laws
110. This clause clarifies that a staff member of the Authority is not required under a law
of a State or Territory to obtain or have a licence or permission when conducting their duties;
or register any vehicle, vessel, animal or article belonging to the Commonwealth.
Division 4 - Annual report by Commissioner
Clause 66: Annual report
111. This clause requires the Commissioner to prepare a report on the performance of the
Commissioner's functions each financial year and provide the Minister with a copy of the
report. The Minister must table the report in each House of the Parliament within 15 sitting
days of receiving the report.
112. Subclause 66(2) specifies what information must be included in the report.
Clause 67: Exclusion of certain information from the annual report
113. This clause requires the Commissioner to exclude information from the annual report
that they are satisfied is sensitive information.
PART 5 - THE WHISTLEBLOWER PROTECTION ADVISORY COUNCIL
Clause 68: Establishment of the Whistleblower Protection Advisory Council
114. This clause establishes the Whistleblower Protection Advisory Council.
Clause 69: Functions of the Advisory Council
115. This clause specifies that the function of the Advisory Council is to provide advice to
the Commissioner, on its own initiative or at the request of the Commissioner, in relation to
the Commissioner's or the Authority's functions. The Council can also, at the request of the
Minister, provide advice to the Minister about the operations of the Authority or the
Commissioner's functions. This advice must be strategic only and not relate to a particular
individual or investigation.
Clause 70: Membership of the Advisory Council
116. This clause provides that the Advisory Council shall have a chair and between 6 and
10 members.
Clause 71: Appointment of Advisory Council members
117. This clause stipulates that the Minister shall appoint each member of the Advisory
Council on a part-time basis. The Commissioner is not eligible to be appointed as an
Advisory Council member.
118. In making the appointments, the Minister must be satisfied that the person has
substantial experience or knowledge in one or more of the fields listed under subclause 71(3).
Alternatively, the Minister may appoint a person to the Advisory Council if the person was
previously appointed as the Commonwealth Ombudsman, a Commissioner of the National
Anti-Corruption Commission, or the Chairperson of the Australian Securities and
Investments Commission.
119. Subclause 71(4) requires that at least one person appointed to the Advisory Council
must have lived experience as a whistleblower.
Clause 72: Acting appointments
120. This clause enables the Minister to appoint a person to act as the Advisory Council
Chair during a vacancy in the office, or during periods when the Chair is absent from duty or
from Australia; or is unable for any reason to perform their duties.
121. Additionally, the Minister may appoint a person to act as an Advisory Council
member during a vacancy in the office, or during periods when that member is absent from
duty or from Australia; or is unable for any reason to perform their duties.
Clause 73: Remuneration and allowances
122. This clause provides that the Remuneration Tribunal will determine the amount an
Advisory Council member is to be paid. If no determination by the Tribunal is in operation,
an Advisory Council member is to be paid the remuneration prescribed by the rules.
123. The rules will prescribe what allowances an Advisory Council member will be paid.
Clause 74: Leave of absence
124. This clause stipulates that the Minister may grant leave of absence to the Advisory
Council Chair on the terms and conditions that the Minister determines. The Chair may grant
leave of absence to another Advisory Council member on the terms and conditions that the
Chair determines.
Clause 75: Disclosure of interests to the Minister
125. This clause requires all members of the Advisory Council to provide the Minister with
written notice of all interests that the member has (or acquires) which conflict (or could
conflict) with the proper function of their duties.
Clause 76: Resignation
126. This clause provides that an Advisory Council member may resign their appointment
in writing to the Minister. The resignation will take effect on the day received by the
Minister, or if a later day is specified, on that later day.
Clause 77: Termination of appointment
127. This clause stipulates that the Minister may terminate the appointment of an Advisory
Council member for misbehaviour or if the member is unable to perform their duties because
of physical or mental incapacity.
Subclause 77(2) provides a list of the circumstances the Minister may consider in deciding
whether to terminate the appointment of an Advisory Council member.
Clause 78: Other terms and conditions
128. This clause extends the terms and conditions applicable to an Advisory Council
member beyond this Act, as determined, in writing, by the Minister.
Clause 79: Directions
129. Clause 79 enables the Minister to give directions to the Advisory Council about the
way in which the Council is to undertake its functions, and the procedures to be followed in
relation to its meetings. The Council must comply with such a direction.
PART 6 - PARLIAMENTARY JOINT COMMITTEE ON THE WHISTLEBLOWER
PROTECTION AUTHORITY
Clause 80: Parliamentary Joint Committee on the Whistleblower Protection Authority
130. This clause stipulates that a joint committee, to be known as the Parliamentary Joint
Committee on the Whistleblower Protection Authority, is to be appointed as soon as
practicable after the commencement of each Parliament.
131. The Committee is to consist of 12 members, with 6 members of the Senate being
appointed by the Senate, and 6 members of the House of Representatives being appointed by
the House of Representatives. Of the 6 members appointed by each House, each must be
comprised of 3 members of the Government; 2 members of the Opposition; and one member
who is neither a member of the Government nor the Opposition.
Clause 81: Chair of the Committee
132. Clause 81 provides that the members of Committee must elect a Chair, who must be a
member of the Government.
133. Subclauses 81(3) and (4) outline when the Chair ceases to hold office.
134. At meetings where the Chair is present, the Chair has a deliberative vote, and they
shall have a casting vote if the votes are equal.
Clause 82: Eligibility for appointment as a Committee Member
135. This clause precludes a Minister, the President of the Senate, the Speaker of the
House of Representatives, the Deputy President and Chair of Committees of the Senate, and
the Deputy Speaker of the House of Representatives from being appointed a member of the
Committee.
Clause 83: Terms of office of Committee members
136. This clause provides that a member will hold their office at the discretion of each
House of Parliament by which they were appointed.
137. Subclauses 83(2) and (2) outline when a member ceases to hold office.
Clause 84: Powers and proceedings of the Committee
138. This clause states that all matters relating to the powers and proceedings of the
Committee are to be determined by resolution of both Houses of the Parliament.
Clause 85: Functions of the Committee
139. This clause specifies that the functions of the Committee are to consider the proposed
recommendations for the appointment of the Commissioner and Deputy Commissioners;
monitor and review the performance of the Commissioner; and report to both Houses of the
Parliament on matters connected with the performance of the Commissioner that the
Committee thinks fit.
PART 7 - MISCELLANEOUS
Clause 86: Confidentiality requirements
140. Clause 86 provides that the confidentiality requirements, as specified in Divisions 1
and 2 of Part 11 of the National Anti-Corruption Commission Act 2022, also apply in relation
to this Act. This imposes the same confidentiality requirements on the Commissioner, Deputy
Commissioners and staff members within the Whistleblower Protection Authority as their
counterparts in the National Anti-Corruption Commission.
Clause 87: Delegation by the Commissioner
141. This clause enables the Commissioner to delegate any or all of their functions, powers
or duties to a Deputy Commissioner or a staff member of the Authority who is appropriately
qualified.
88 Funding
142. This clause requires that expenditure for the purposes of this Act is to be made from
funds appropriated by the Parliament.
Clause 89: Rules
142. This clause empowers the Minister to make rules by legislative instrument in relation
to this Act. Subclause 88(2) clarifies situations in which the Minister may not make rules by
legislative instrument.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Whistleblower Protection Authority Bill 2025
The Whistleblower Protection Authority Bill 2025 is compatible with the human rights and
freedoms recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
This Bill establishes the Whistleblower Protection Authority - a new, independent statutory
authority responsible for providing information, advice, assistance, guidance and support to
whistleblowers and potential whistleblowers. The Authority will have jurisdiction over all
Federal whistleblower protection laws.
The Whistleblower Protection Authority will consist of a Whistleblower Protection
Commissioner, Deputy Commissioners, a Chief Executive Officer and appropriately
experienced and trained staff. The Bill also establishes a Whistleblower Protection Advisory
Board and Parliamentary Joint Committee on the Whistleblower Protection Authority.
The Whistleblower Protection Authority will be empowered to receive and facilitate the
investigation of whistleblower disclosures; provide assistance, advice, guidance and support
to whistleblowers and potential whistleblowers in making a disclosure of wrongdoing;
investigate the mistreatment of whistleblowers; and undertake enforcement activities as
necessary. It will also undertake educational activities, and monitor and provide advice
regarding the prevention of detrimental acts and omissions with respect to eligible
whistleblowers.
A Whistleblower Protection Authority is the missing piece in Australia's integrity
framework. People should not be punished for telling the truth, or for exposing misconduct or
wrongdoing. This Bill goes some way to helping whistleblowers and potential whistleblowers
navigate the legal landscape when revealing evidence of misconduct, and ensuring that they
feel supported when making disclosures of wrongdoing.
Human rights implications
The measures in the Bill may engage the following human rights contained in the
International Covenant on Civil and Political Rights (ICCPR):
• the prohibition on interference with privacy, and right to reputation, under article 17
• the right to freedom of expression under article 19(2)
• the right to the presumption of innocence contained in article 14(2)
The measures in the Bill may also engage the right to work and rights in work contained in
articles 6(1), 7 and 8(1)(a) of the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
Conclusion
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011. To the extent that the measures in the Bill may limit human rights, each of those
limitations are necessary, reasonable and proportionate.
Senators David Pocock and Lambie