Respected human rights lawyer says courage too costly in Australia

We’re living in times that call for increased accountability and transparency from those in power, and more must be done to insulate people who bring wrongdoing to light, according to a leading human rights lawyer.

Senior lawyer in the Democratic Freedoms team at the Human Rights Law Centre Kieran Pender works to protect Australia’s whistleblowers, fight secrecy, defend free speech and prevent mass surveillance.

He says multiple factors have coalesced, and the time is ripe for Australians to demand measures that foster integrity within our systems.

“Robodebt was a great example of the importance of accountability and transparency,” he says.

“There were people who knew and spoke up. If they had been listened to, this unethical and unlawful government program might’ve been nipped in the bud. Instead we’ve had billions of dollars in costs to the government and immense hardship for the people involved.

“Add to that ongoing scandals with PWC and KPMG and it feels like there’s a bit of reckoning happening, calling for more integrity and transparency at all levels.”

Kieran, who has spent years working with whistleblowers in Australia and overseas, says more systems and structures will help, but one major missing part of the equation is better protection for whistleblowers.

“We’re in an era at the moment where there’s increased recognition of the importance of truth, integrity and accountability in government and a growing awareness of a need for change to our transparency laws,” he says.

“There has been some movement. In just the last few months there was the launch of the anti-corruption commission and recently, the prosecution against Bernard Collaery was been dropped. But in Australia whistleblowers are still being persecuted, not protected and that needs to change.”

Kieran will explore the topic at TEDxCanberra’s flagship event “Beyond” on 7 October in his “Whistleblowing, transparency and democracy” talk.

Whistleblowing is a phenomenon as old as society itself with evidence of it found in ancient Greek history, but in Australia, dedicated laws seeking to protect whistleblowers have only recently come into play. Unfortunately they’re not effective enough, Kieran says.

While the government has begun its journey to better protect whistleblowers with the first phase of laws in June, he is calling for better laws and institutional structures to protect whistleblowers, such as an official authority. And he says we need to get a move on.

“At heart this is all very simple: it’s about the truth. From when we were five we get told to tell the truth, even if it’s unpleasant, even if it’s difficult. Democracy is built on a shared understanding of the truth, and we need the truth to win out,” Kieran says.

“When we look at examples like David McBride and how his whistleblowing against wrongdoing in Afghanistan by Australian soldiers played out – that kind of prosecution has a chilling effect on others who might speak up.”

The “Whistleblowing, transparency and democracy” talk is for anyone who believes in a fair, accountable and transparent Australia and is interested in solutions – but its relevance arguably extends beyond that, to everyone.

“What almost every whistleblower I’ve ever met has said to me is they didn’t set out to become a whistleblower. Nobody thinks of themselves as a whistleblower. They’re just regular people doing what they think is right,” Kieran says.

“Sometimes when the label is attached to them it has negative flow-on effects. That’s why I do this work.

“Nobody knows what’ll confront them at work today, tomorrow or next month. Anyone could become a whistleblower but we hear so much about wrongdoing and the people who could’ve spoken up, and didn’t … so how do we make courage less costly?”

Kieran will deliver “Whistleblowing, transparency and democracy” on Saturday 7 October at TEDxCanberra’s annual flagship event “Beyond” at Canberra Theatre Centre. Book here.

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