Review calls for new laws to encourage, shelter whistleblowers Independent Commissioner Against Corruption Bruce Lander, QC. THE bullying of whistleblowers by colleagues should be a criminal offence and they should be allowed to contact the media without fear of reprisal in some circumstances, according to the state's anti-corruption chief. Independent Commissioner Against Corruption Bruce Lander, QC, believes existing whistleblowers legislation should be scrapped and a new Act introduced that encourages people to report wrongdoing and offers them protection for doing so. In a scathing review of the Whistleblowers Protection Act, Mr Lander states it is not "fulfilling its primary objective of facilitating disclosure and providing protections for those who make disclosures"" and he makes 30 recommendations for sweeping change. Other key recommendations include: THAT legislation recognise disclosures of conduct, in both the public or private sector, that create a risk to the environment or public health and that those whose disclose are protected. IT be made an offence to disclose the identity of a whistleblower. AN injunctive remedy be available to a whistleblower who can demonstrate a risk of being victimised to prevent such activity. AGENCIES of the Crown take steps to prevent victimisation and make them vicariously liable for such victimisation at the hands of their employees if they fail to do so. In his review - the first since the existing legislation was introduced in 1993 - Mr Lander states there is a "pressing need"" to bring consistency to the whistleblowing protection regime for public officers who report wrongdoing "so that they can report unacceptable conduct, confident that it will be investigated and with the added confidence that there will be protections available to them"." I think in its present form, it (the Act) cannot perform a useful function in the integrity system. I do not think it is fulfilling its primary objective of facilitating disclosure and providing protections for those who make disclosures,"" Mr Lander states. Attorney-General John Rau On Friday said he had referred the Act to Mr Lander for review because he had "long held concerns"" it needed to be updated and reformed. "I welcome his report and it confirms my view it needs attention,"" he said. He said several of the recommendations - including the creation of a criminal offence of victimisation and allowing whistleblowers to go to the media - "seem like reasonable propositions"," but the detail in each was important. He hoped to have new legislation in parliament early next year. Mr Lander says it is "unlikely"" it would be considered "reasonable or appropriate"" for people to make a disclosure in the first instance to a journalist, but "undoubtably, public officers make disclosures to the media"." Whether they are matters that could be described as public interest information may be problematic. Sometimes the disclosures are made for the wrong reasons, being a sense of grievance or to do political damage to the Government,"" he states. Nevertheless, it must be noted that the media has, on occasion, played an important role in ventilating serious public interest concerns that emanate from whistleblowers. The media's part in a democratic society cannot be underestimated. It has a significant and important role to play in ensuring government accountability."" Originally published as ICAC chief calls to protect whistleblowers