Consultation hub

The Australian Government has conducted a public consultation on the second stage of public sector whistleblowing reforms. We released a consultation paper in November 2023 seeking views on what reforms are needed to the Public Interest Disclosure Act 2013 (Cth) (the PID Act) and related measures to ensure the public sector whistleblowing framework remains fit for purpose and accessible for public officials to report wrongdoing.

The consultation paper asked 24 questions on a wide range of matters, including how to address the underlying complexity of the scheme and what steps can be taken to provide effective and accessible protections to public sector whistleblowers.

The second stage of reforms is an opportunity to further improve the public sector whistleblowing framework. It follows on from a first stage of reforms in 2023 to deliver priority amendments to the PID Act to make immediate improvements to the public sector whistleblowing framework, ahead of the commencement of the National Anti-Corruption Commission.

We received 56 submissions to this consultation. The submissions came from a range of stakeholders:

• 9 submissions from government agencies, including one state government agency
• 19 submissions from individuals
• 28 submissions from organisations.

Key issues raised in the consultation included:

• Whistleblower protections, including:
  • support for a new body to protect whistleblowers
  • expanding the circumstances in which external disclosures are protected under the PID Act
  • allowing people to access additional types of professional support and assistance in relation their disclosure
  • easier access to civil remedies as well as more types of civil remedies, particularly in relation to any failures by an agency to fulfil its duty to protect whistleblowers from reprisal.
• Simplification or redrafting of the PID Act, including:
  • making the legislation easier to understand and navigate for whistleblowers
  • increasing consistency between the whistleblower protection frameworks that apply to public, private and not-for-profit sectors.
• Support for a ‘no wrong doors’ approach, including:
  • increasing the types of officials within agencies who can receive protected disclosures
  • improving referral processes to ensure disclosures can be, and are, passed to an appropriate agency for consideration.

We will use the responses to this consultation to inform future policy development and decisions for the second stage of public sector whistleblowing reforms.

Thank you to everyone involved in the consultation process for your time and engagement, sharing your views, information and ideas.

Australia’s Open Government Forum is developing Australia’s third National Action Plan (NAP3) in consultation with civil society and government. The NAP3 will outline commitments by the Australian Government to activities that promote transparency, accountability and collaboration between the government, civil society and the business community.

The Open Government Forum agreed on a co-creation process in June 2023. This process outlined 2 phases of public consultation. We undertook Phase 2 public consultation through an online survey from 9 November 2023 – 22 November 2023.

The forum established 8 commitments for inclusion in in Australia’s third National Action Plan. Phase 2 consultation focused on these commitments:

• Commitment 1: Automated decision-making and responsible use of artificial intelligence
• Commitment 2: Youth Advisory Groups
• Commitment 3: Commonwealth Integrity Strategy
• Commitment 4: Beneficial ownership reform
• Commitment 5: Integrity and accountability in procurement and grants
• Commitment 6: Commonwealth whistleblower protections
• Commitment 7: Transparent political donations and truth in political advertising
• Commitment 8: Combatting misinformation in non-English-speaking communities

We received 10 responses to this consultation. The submissions came from a range of stakeholders, including businesses, not-for-profit groups and individuals.

The responses included helpful suggestions to support the implementation of commitments for Australia’s next National Action Plan.

All respondents identified which commitments they felt were of the highest importance, and provided valuable insight on how each commitment might be successfully implemented.

We thank everyone who took the time to engage with us and provide their feedback.

Analysis and summary of the responses was provided to all forum members and included in the meeting papers for the fifth forum meeting on 4 December 2023. There was clear alignment between most of the responses and the commitments the forum chose.

The consultation responses will be used to inform the development and implementation of the commitments in the NAP3. Read the consultation analysis report and further updates on the progress of NAP3 at the Australia’s Open Government Partnership site. The forum consulted on the co-creation process and the working group themes during Phase 1 consultation.

On 27 October 2021, the Australian Government launched the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030 (National Strategy), and committed $307.5 million for implementing 62 measures under the National Strategy’s First National Action Plan (NAP) and First Commonwealth Action Plan.

Under the National Strategy, the National Office for Child Safety (National Office) is establishing a national point of referral to help victims and survivors of child sexual abuse, practitioners and the general public to navigate the service system and access information and resources (National Action Plan Measure 7).

We understand that the current service system in Australia is complex, often difficult to navigate, and that there is no single-entry point for victims and survivors and other people seeking information and support. We sought feedback on how best to design a service that meets people’s diverse needs in a trauma informed, culturally safe and accessible way.

We received 38 responses to this consultation and 12 written submissions. We also conducted targeted consultations with sector representatives, peak bodies and government agencies, and engaged First Nations Collective Consulting who partnered with Impact Co., to undertake dedicated trauma-informed, culturally safe, accessible and inclusive consultations with people with lived experience, First Nations people, people from culturally and linguistically diverse (CALD) backgrounds, and people with disability.

We heard from a range of stakeholders including:

• people with lived experience of child sexual abuse and their advocates
• First Nations people
• people from culturally and linguistically diverse communities
• people with disability
• people who identify as LGBTQIA+
• health services 
• service providers 
• government agencies 
• advisory groups 
• Children’s Commissioners 
• legal services 
• peak bodies 
• advocacy services 
• research organisations
• religious organisations.

Stakeholders told us what makes services feel trustworthy, safe and effective, as well as the enablers and barriers to accessing services. Stakeholders highlighted that victims and survivors need to be at the centre of the national point of referral and they need to feel confident and safe when seeking help. Qualified staff providing localised knowledge and referrals are important, as is the capacity and capability to meet demand. Stakeholders want a trauma-informed, culturally safe, intersectional service that provides specialist information and advice about child sexual abuse and quickly connects people with local services and support.

As part of the Supporting Quality Engagement with Children project, the National Children’s Commissioner consulted with children and young people to inform approaches to help seeking and service access. These consultations were undertaken in urban, regional, and remote locations across all Australian states and territories and will contribute to the evidence base informing the design and implementation of the national point of referral. Please visit the Supporting Quality Engagement with Children page for more information.

Thank you to everyone who took part and provided their time and expertise.

The Final National Point of Referral – Community Consultations Summary 2023 provides a summary of feedback from individuals and communities. The Final National Point of Referral – Service Sector and Government Consultations Summary 2023 outlines a summary of the feedback from sector representatives, peak bodies and government agencies. 

Stakeholders who participated in these consultations were invited to provide feedback on the draft summaries, which has been incorporated into the final documents.

The consultation outcomes will inform our approach to developing, delivering and evaluating the preferred service model for the national point of referral. We are working with states and territories to finalise the proposed service model in 2024.