Corruption watchdog's delays and poor communication leave whistleblowers

in limbo

A parliamentary inquiry has revealed that the National Anti-Corruption Commission's (NACC) handling of whistleblower complaints has left those who report suspected corruption in a state of uncertainty and psychological distress.

As the Albanese government begins the search for a new anti-corruption boss after the shock resignation of foundation commissioner Paul Brereton last month, a major human rights body will on Friday warn that people who expose alleged government wrongdoing often face prolonged waits to learn whether their complaints will be investigated and whether they qualify for legal protections.

The Human Rights Legal Centre warned that whistleblowers were at risk of suffering “procedural burnout” as they navigated multiple regulators while waiting for responses from the anti-corruption watchdog.

Providing timely referrals is essential for both the quality of the investigation and for reducing stress and uncertainty for reporters, the centre said.

Kieran Pender, associate legal director of the centre, argued that early communication was critical because it allowed whistleblowers to understand what legal protections were available, including immunity provisions, confidentiality safeguards and protections against reprisals.

The NACC aims to respond to matters outside its jurisdiction within 30 days and matters within its jurisdiction within 90 days, but the Human Rights Law Centre said many whistleblowers continued to experience significant delays.

The centre also called for stronger whistleblower protections and expanded access to funded legal assistance, arguing people acting in the public interest should not be left to navigate Australia's corruption reporting system alone.

The commission has also faced backlash over its reticence to hold public hearings into its investigations, as its founding charter deemed hearings would only be open in exceptional circumstances and when in the public interest.

NSW Independent Commission Against Corruption chief John Hatzistergos will also front Friday's hearing, repeating his belief that public hearings could help build confidence in the anti-corruption system.

Some public inquiries generate substantial media coverage and public attention, the ICAC sees this as a part of its statutory obligation to expose corrupt conduct and create general deterrence, he said.

Attorney-General Michelle Rowland announced this week that the process to appoint two new commissioners had begun, with the replacements tasked with restoring public confidence in the body.

### Key Facts

  • The National Anti-Corruption Commission has received over 7,600 referrals in the past three years.
  • The Commission aims to respond to matters outside its jurisdiction within 30 days and matters within its jurisdiction within 90 days.
  • Over 34 current investigations are ongoing, covering former or current parliamentarians and staff, senior executives in the public service, contractors, and consultants.
  • Whistleblowers are at risk of suffering 'procedural burnout' while navigating multiple regulators and waiting for responses from the anti-corruption watchdog.
  • The Human Rights Law Centre is calling for stronger whistleblower protections and expanded access to funded legal assistance.
  • Public hearings are a key aspect of building confidence in the anti-corruption system, according to NSW Independent Commission Against Corruption chief John Hatzistergos.

### Context

The National Anti-Corruption Commission was established in 2023 as the Albanese government's signature integrity reform. The Commission is tasked with investigating allegations of corruption and misconduct within the federal government and public service.

The Commission's founding charter establishes its mandate and powers, including its ability to conduct investigations and hold public hearings.

However, the Commission's handling of whistleblower complaints has raised concerns about the adequacy of its support services and the timely processing of referrals.

The Human Rights Law Centre's submission highlights the need for stronger whistleblower protections and expanded access to funded legal assistance, arguing that people acting in the public interest should not be left to navigate Australia's corruption reporting system alone.