Whistleblower Cases of National Significance
There are five cases agreed by the whistleblower groups and organisations of Australia as Whistleblowing Cases of National Significance:
- Colin Dillon
- Jim Leggate
- Kevin Lindeberg
- Mick Skrijel, and
- Bill Toomer
Below are repeated the Citations for the three Whistleblowing Cases that arose in Queensland, involving disclosures against the Queensland Government and its agencies.
Police Inspector Colin Dillon
Disclosures
The Failure to Protect Whistleblowers. Clearly, the mini industry in criminal justice in Queensland that has attached itself to ‘Post-Fitzgeraldism’ has forgotten the primary role played by whistleblower police officers. Principal amongst these was then Sergeant Col Dillon. Col Dillon’s effort in the witness box before Mr Fitzgerald is held to have been the testimony that turned a failing inquiry into the success that it became. An investigation can be neutered by the lack of evidence. This was happening to Fitzgerald’s Inquiry. Col Dillon is attributed with giving the example that led honest police officers to trust Fitzgerald, and give their own evidence to the Inquiry.
Whatever happened to Col Dillon, in the new order police force that followed the Fitzgerald Inquiry, and the imprisonment of the then serving Commissioner of Police?
Investigation
Col Dillon was promoted to the rank of Inspector, but only after a successful grievance procedure following his supersession by junior, less experienced officers. Then he was placed in a position reporting to a non-uniformed public servant employed on a lower classification and pay scale than the hero of the Inquiry. The anomaly and the impropriety of this treatment was recognised in writing by the first Head of the CJC, Sir Max Bingham, in a report on his review of the post-Fitzgerald Police Service, made to the Police Minister, dated July 1996. After several months of inaction by the new order Police Commissioner concerning the Bingham report, Mr Dillon sought an explanation as to why the anomaly was not being addressed. Mr Dillon, however, was told by his superiors not ‘to make waves’. No change was made to Inspector Dillon’s work situation, and the recommendation of Sir Max Bingham was simply ignored.
A secondment for three years as ATSIC Commissioner rescued Inspector Collins from this demeaning situation. When, however, he returned from the ATSIC appointment, the new order police force and its leadership failed to give Inspector Dillon a task or even a desk, and he was left to wander the corridors of the ‘reformed’ force until a colleague offered him a spare desk and chair.
Authentication
The authentication is the Bingham report on the post Fitzgerald review of the police force.
Significance
Not even the heroes from the Fitzgerald Inquiry have been allowed to escape the traditional practice of ‘expelling’ whistleblowers. The tactics used were to place the whistleblower in lower level responsibilities reporting to junior staff, and then to assign him to a “gulag”. In this respect at least, nothing has changed in the police force that mistreated honest police officers that were in the force ‘before Fitzgerald’.
Update to 2018
Colin Dillon resigned from the Police Force and took up posts for other agencies in the Queensland Government and in the Federal Government. Colin Dillon came into the public debate again when he made disclosures about the treatment of aboriginals in custody. In 2016, a book written by Colin Dillon, “Code of Silence” was published by Allen & Unwin.
Mines Inspector James Leggate
Disclosures
Mr Leggate disclosed information tending to show that a Queensland State Government Department, charged with the regulation of the mining industry, had adopted a policy of non-enforcement of those regulations; the result was a potential taxpayer bill, in excess of $1 billion, to avoid environmental harm that mining companies were being allowed to impose on Queenslanders. Mr Leggate’s disclosures also alleged that a punitive transfer had been imposed on him because of his actions to meet his duties under the public office in accordance with those same regulations.
Investigation
The disclosures were made to the Criminal Justice Commission, the Queensland Public Service Commission and the Ombudsman. In spite of private sector and public sector denials of the existence of a non-enforcement policy, the CJC found that such a policy did exist. The CJC, however, did not regard the policy as a breach of trust, and would not investigate what the CJC claimed was a matter outside their jurisdiction.
Authentication
The CJC admission as to the existence of the non-enforcement policy was given to the Connolly-Ryan Inquiry into the CJC. Counsel assisting that inquiry stated that there was prima facie case and a factually sufficient basis to give the CJC jurisdiction to investigate.
Significance
Whistleblower protection legislation and procedures must be effective in circumstances where the public sector entity to which the whistleblower belongs may be a “rogue” authority, actively coercing its own officers to complicity in the breach of the law. The case of the “rogue” department is at a level of official misconduct that can prove daunting even to authorities charged with the arrest and expulsion of official misconduct, let alone to a single officer whistleblower. Whistleblowers need the protection of their profession, career and employment while the authorities take the time to catch their breath at the enormity of the misconduct disclosed.
Update as at 2018
Jim Leggate is still involved with Lock-the-Gate Alliance work on mine site rehabilitation. The current estimate, for rehabilitation of abandoned mine sites and mined-out areas within current mining operations in Queensland, is at least $6 billion, a part of the $18 billion estimate made for mined-out areas in Australia. The state of health of the Great Barrier Reef, and the loss of water quality in coastal aquifers, are also drawing attention to the polluted runoff from abandoned mine sites.
Trade Unionist Kevin Lindeberg
Disclosures
Mr Lindeberg disclosed information tending to show that a Queensland State Government Department acted in abuse of its power by refusing to provide to one of its officers access to public records that the Department was required by regulation to provide; Mr Lindeberg’s disclosures further alleged that the Queensland Cabinet had destroyed the same documents in the knowledge that the documents were required by the officer for litigation against the Queensland Government, and did so to prevent their use in court proceedings.
Investigation
The disclosures were made to the Criminal Justice Commission and the Queensland Police Force. Over a six year period, despite claims by the CJC that the disclosures had been investigated “to the nth degree”, neither authority detected nor dealt with the prima facie official misconduct and breaches of the Criminal Code identified by a Government investigation conducted in 1996.
The 1999 Forde Inquiry into the multiple incidents of child abuse that were described in the destroyed documents, refused to investigate the destruction of the documents that contained much of the evidence of the child abuse.
Authentication
The Report to the Queensland Cabinet by Messrs Morris QC and Howard, dated 8 Oct 96, recommended that the public interest would be served by a public inquiry into the Lindeberg allegations. The Report questioned the adequacy, competence and the independence of the CJC’s investigation.
Significance
Whistleblowers cannot survive in any administration where investigations into their allegations are denied by destruction or cover-up of the evidence, by inadequacy or incompetence in the investigation, and / or by a lack of independence by the investigating authority.
Update as at 2018
(Being rewritten)