Submissions to Federal Government Inquiries

WAGQ Submissions To Federal Government Inquiries

2021

To: Senate Foreign Affairs Defence and Trade Reference Committee Inquiry into Australia’s Engagement in Afghanistan.

Subject: Review of the Australian Government’s Engagement in Afghanistan.

Submission: Informed that the Senate would not ever table the document, that QWAG could distribute it to others only with the permission of the FADT Committee, at risk of being held to be in contempt of the Senate.

Submission theme: Recommendations that Commonwealth inquiries to date including the Inquiry by Defence (Office of the Inspector General) may not be sufficiently competent and required a proper inquiry to be conducted by the Commonwealth Government.

2021

To: Royal Commission into Defence and Veteran Suicide.

Subject: The impacts of any alleged systemic corruption in military command and justice system, and the perceptions of such corruption, on the risk of suicide, self harm and related harms to Defence members.

Submission: Acknowledged but not yet published in redacted or unredacted form.

Submission theme: Recommendations to the Royal Commission on the reform of the military command and justice system, drawn from disclosures of actions allegedly taken by chiefs in Defence and taken by military justice bodies.

2021

To: Commonwealth Attorney General

Subject: Review of the Defence Inquiry into War Crimes in Afghanistan

Submission: not yet acknowledged or tabled.

Submission theme: Recommendations to the Attorney General that the Inquiry by Defence (Office of the Inspector General) may not be sufficiently competent to meet Australia’s obligations under international law, obligations to properly, fairly and thoroughly investigate alleged unlawful killings of Afghani civilians. Any unreasonable delays, conflicts of interests and limited scoping of inquiries are discussed.

2020

To: The ‘Bushfire’ Royal Commission (into National Natural Disaster Arrangements)

Subject: The mistreatment of Defence Reservists

  • Submission NND.001.00167 on Royal Commission website [QWAG 23 July 2020]
  • Submission theme: Recommendations to address the half-pay, no leave, no superannuation conditions faced by Reservists, and the rough justice meted out by Defence chiefs, military justice authorities and the Commonwealth Ombudsman to whistleblower Reservists who disclose and lodge complaint about the mistreatment and the rough justice. The submissions also raised the conflict of interest that may have been applicable to a commissioner in addressing this disclosure.

2019

To: Commonwealth Attorney-General

Subject: Public Contribution to the Establishment of a Commonwealth Integrity Commission

Submission 31 [QWAG Submission January 2019]

Submission theme: Recommendations to establish protection of whistleblowers by the establishment of two arms to the anti-corruption program for public organisations:

  • one arm is needed to carry “the sword”, with which to pursue and eradicate the alleged wrongdoing disclosed by whistleblowers. This is the role of the government Integrity Bodies or anti-corruption forces, e.g. Police, Royal Commissions, standing crime commissions, Parliamentary Inquiries, Ombudsmen, Directors of Public Prosecutions, Auditor General, and other enforcement bodies; and
  • a second arm is needed to carry “the shield”, with which to protect whistleblowers from the swords of those whose alleged wrongdoings are the subject of whistleblower disclosures, or from the swords of those who are threatened with disclosure arising from those allegations. This should be the role of the Whistleblower Protection Body (WPB).

 

2018, April and October

To: Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry 

Subject: Whistleblower Protection

Submission: POL.9100.0001.0971_0001 on Royal Commission website [QWAG 25 Oct 2018]

Submission theme: QWAG submitted that, based on the material before the Royal Commission, the Royal Commission may be able to: 

  • Describe the level of wrongdoing in financial institutions, be it civil and / or criminal in nature, to be ‘systemic’;
  • Attribute a descriptor to that systemic wrongdoing as being ‘integrated’ within certain entities and as ‘optimised’ within other entities 
  • Describe the involvement of ASIC and other responsible watchdog authorities, depending on the instances before the Commission, as ‘compromised’ and / or as ‘captured’. 

QWAG advised that the Royal Commission may not have identified the largest of the alleged wrongdoing that may have been imposed upon the public with respect to financial products.

2017

To: Senate Select Committee on a National Integrity Commission

Subject: Establishing a Federal Anti-Corruption Authority

  • Submission 44: QWAG

Submission theme: an independent Whistleblowers Protection Authority and legislation that envisages that agencies and watchdog authorities can be ill-intentioned towards whistleblowers. Details on the alleged response by two integrity bodies to whistleblower disclosures and to the protection of whistleblowers were provided but are being held ‘in camera’ by the Inquiry:

  1. Fair Work Commission, over $20 million in funds allegedly irregularly moved, from a trust and from another organisation, to the accounts of a third party, namely, a Federally Registered Organisation [FedRO] that was administering that trust and the affairs of that other organisation. The whistleblowers were members of the governance body of the FedRO who were allegedly refused access to previous minutes of the governance body and to the trust deed, with which refusals of access to governance documents the FWC allegedly refused to assist;
  2. Commonwealth Ombudsman’s Office [COO], over its alleged participation in cover up by Defence Chiefs of alleged fraud against a defence member, COO allegedly surrendering its integrity to wilful blindness, to the lowest standards of its Defence agencies, and to regulatory capture, allegedly allowing or assisting Defence to deny access to documentary evidence of the alleged fraud and refusing to protect, from any disposal by Defence, of what is termed the ‘Domino Document’. [NOTE: COO responded to the QWAG submission with denials and redefinitions that avoided any response to the ‘Domino Document’ allegations – see https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/National_Integrity_Commission/IntegrityCommissionSen/Submissions]

2017

To: Senate Economics References Committee Inquiry into Consumer protection in the banking, insurance and financial sector

  • Submission and resubmission were treated by the Committee as correspondence and were not published.

Submission theme: The degree of corruption alleged in government and its relevant watchdog authorities, and the other barriers faced by whistleblowers in disclosing alleged wrongdoing in financial institutions. QWAG advised that whistleblower(s) may be in possession of evidence of a practice by a financial institution(s) that may have adversely affected consumers. The size of the adverse effect may be sufficient to cause a Royal Commission into the financial sector. QWAG recommended legislation providing for a reasonable apportionment of any funds recovered or fines imposed similar to a False Claims Act included a qui tam provision which entitled whistleblowers to such. QWAG recommended legislation to reform class action procedures, including a lawful arrangement whereby the whistleblowers could gain a reasonable share of any funds recovered through a class action derived from their disclosures’

Re-Submission theme: The Inquiry is failing to appreciate the extent of corruption alleged in disclosures about government and watchdog authorities, and is refusing the submission out of disbelief, not out of inquiry. QWAG cited the allegations regarding the treatment of banking industry whistleblower Jeff Morris, and alleged practices by the Reserve Bank, HIH and a union based Credit Union [NOTE: Re-Submission was made on 1 June 17. Eight weeks later, AUSTRAC initiated proceedings against one of the big four banks for alleged breaches of anti-money laundering laws and terrorism financing laws

2017, March August and September 2016, October

To: Royal Commission into Institutional Responses to Child Sexual Abuse

Subject: The Heiner, Forde and Carmody Inquiries into child abuse

  • Submissions were not published

Submission theme: Action by an executive arm of government to investigate both disclosures made involving the Chief Justice and also complaints made by the Chief Justice, and prosecution of findings against the solicitor for the Heiner Affair whistleblower, for disclosures made during inquiries by the whistleblower and by the whistleblower’s Queen’s Counsel.

2017

To: Parliamentary Joint Committee on Whistleblower Protections

Subject: Whistleblower Protection

  • Submission 68: WAGQ

Submission theme: Recommendations to establish an independent Whistleblowers Protection Authority and legislation that envisages that agencies and watchdog authorities can be ill-intentioned towards whistleblowers.

2014

To: Royal Commission into Institutional Responses to Child Sexual Abuse, and to Prime Minister and Leader of the Opposition

Subject: Appointments of Commissioners

  • WAGQ 2014 submission not published

Submission theme: Conflicts of interest that a commissioner may have in addressing parts of the Terms of Reference.

2013

To: Productivity Commission

Subject: Major Projects Development Assessment Processes Inquiry

Submission themes: The taxpayer liability of more than a billion dollars, to clean up existing abandoned and non-rehabilitated mining sites, and the risks for growth in this liability in the future from proposed mining projects.

2012

To: The Senate Foreign Affairs, Defence & Trade Reference Committee

Subject: Inquiry into Report of the Review of Allegations of Sexual and Other Abuse in Defence Conducted by DLA Piper

Submission themes: Activities that frustrate the intentions of the military justice system are systemic. Actions of the Chiefs provide an example. Watchdog authorities have been complicit in the mechanisms of frustration. (Complainants) need to provide detailed reasons and facts. Recommend a dedicated victims advocacy service and a Royal Commissioner to inquire into the leadership of the ADF.

2012

Environment Protection and Biodiversity Conservation Amendment (Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development) Bill 2012 [Provisions]

Submission themes: The bad science and the absence of science used in the environmental management of large mining developments

2012

To: The House of Representatives Standing Committee on Education and Employment

Subject: Inquiry into Bullying

Submission theme: Gatekeeper forms of bullying within organisations with systemic wrongdoing. Bully culture. Leadership needs to develop leader-servant culture. The Australian public sector is poorly serviced by watchdog authorities.

2012

To: The Senate References Committee, Education and Employment

Subject: Inquiry into the Shortage of Engineers and other Related Matters

Submission themes: ‘De-engineering’ of public sector engineering and scientific agencies; public interest issues related to economic development and public safety undermine the reputation of engineering; impediments on engineers and scientists to engage in and be protected by, relevant professional associations.

2011

To: Senate Standing Committee on Rural Affairs and Transport

Subject: Murray Darling Catchment, and The Impact of Mining

Submission theme: environmental risks from mining.

2011

To: Senate Standing Committee on Privileges

Subject: Inquiry into Guidance of Officers Giving Evidence to the Senate

WAGQ submission not acknowledged.

2009

To: Parliamentary Joint Committee on Australian Commission for Law Enforcement Integrity

Subject: Inquiry into law enforcement integrity models

WAGQ submission was not accepted

2008

To: The Senate Standing Committee on Legal and Constitutional Affairs

Subject: Inquiry into the Effectiveness of the Commonwealth Sex Discrimination Act

Submission theme: Recommend a ‘sword’ organisation to investigate discrimination and also a ‘shield’ organisation that protects alleged victims from defaming tactics.

2008

To: House of Representatives Social Policy and Legal Affairs

Subject: Andrew Wilkie’s Public Interest Disclosure (Whistleblower Protection) Bill

Submission theme: The Bill does not provide for a separate Whistleblower Protection Authority but assigns that role to the Commonwealth Ombudsman, with a review of the Whistle While They Work study.

Submission theme: Dissent amongst whistleblowers, some public agencies and other academics about the Whistle While They Work study steered and financed by Ombudsman and other watchdog authorities in Australia.

2008

To: House of Representatives Standing Committee on Legal and Constitutional Affairs

Subject: Inquiry into Whistleblowing Protection within the Australian Government public sector

Submission theme: Whistleblowers are the last line of defence against systemic corruption – must be protected. Separate investigation functions from protection functions – ‘Sword and Shield.’

Submission theme: Poor performance of the Office of the Commonwealth Ombudsman because it requires complainants to prove wrongdoing before investigating and assumes, without investigation, that public service departments act in good faith.

2005

To: The House of Representatives Standing Committee on Health and Aging

Subject: Inquiry into Health Funding

  • Submission 93: A combined submission with Whistleblowers Australia lodged under WBA [Submission 93 WBA 2005]

Submission theme: The establishment of a Federal Public Accountability and Answering Commissioner; The establishment of a Whistleblower Protection Authority

2004

To: The Senate Select Committee on the Lindeberg Grievance

Subject: The Lindeberg Grievance

Submission themes: Evidence related to Lindeberg’s legal action against the Queensland Government was disposed of evidence and he alleges he was sacked. The Criminal Justice Commission (CJC) claimed it did not have jurisdiction to investigate this grievance and referred it to the Queensland Ombudsman who returned it to the CJC.

2002

To: Senate Environment, Communications, Information Technology and the Arts References Committee

Subject: Environmental Regulation of Uranium Mining

Submission theme: regulatory capture of government mining regulators by the mining industry

2000

To: Joint Standing Committee on Foreign Affairs, Defence and Trade, Defence Sub-Committee

Subject: Inquiry into the Suitability of the Australian Army for peacetime, peacekeeping and war

Submission Theme: Improvements in protections to reservists civil employment associated with Defence service and reform of other treatments of reservists during Defence Service

1999

To: House of Representatives Standing Committee Environment and Heritage

Subject: Inquiry into Catchment Management

Submission theme: Non-enforcement of environmental regulations governing the mining industry. Whistleblowers expelled from the public service. Queensland Whistleblower Protection Act provides no protection.

1998

To: The Senate Standing Committee of Privileges

Subject: Misleading Evidence regarding Unresolved Whistleblower Cases

Committee Report 71: Further possible false or misleading evidence before select committees on unresolved whistleblower cases

The Committee re-examined allegations by Mr Lindeberg concerning the destruction of documents relating to a case of improper dismissal and the response of the Queensland Criminal Justice Commission (CJC) response to those allegations. The Committee and in favour of the CJC and re-iterated its view that examination of matters of this kind be referred to state institutions.

WAGQ submission: The Committee’s report states in paragraph 13 that submissions ‘are published in a separate volume…to enable persons with an interest….to establish to their own satisfaction the basis of the committee’s conclusions.  The volume of submissions is not available on the Parliamentary website

1995

To: The Senate Select Committee on Unresolved Whistleblower Cases

Subject: Unresolved Whistleblower Cases

Submission themes: Whistleblower protection in the USA, case study of G McMahon, lessons learned for protecting whistleblowers, case study of K Lindeberg, destruction of documents

1994

To: The Senate Select Committee on Public Interest Whistleblowing

Public Interest Whistleblowing

Submission themes: whistleblower action, support for whistleblowers, case studies, lessons learned regarding whistleblower protection

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