Whistleblower Protection Authority Bill 2025: Pocock and Lambie's proposal for an independent whistleblower body explained

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Whistleblower Protection Authority Bill 2025: Pocock and Lambie's proposal for an independent whistleblower body explained

The Whistleblower Protection Authority Bill 2025 would establish an independent statutory authority to provide information, advice and support to whistleblowers across all federal whistleblower protection laws. Jointly sponsored by Senator David Pocock and Senator Jacqui Lambie and introduced on 11 February 2025, the bill runs to 89 sections and has been scrutinised by two Senate committees. It lapsed at the end of the 47th Parliament but was restored to the notice paper in July 2025. The bill is before the Senate and has not passed.

This is a federal system guide. State constitutions, parliaments and local-government laws can allocate comparable functions differently.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill proposes in overview

The bill establishes a new independent statutory authority with jurisdiction over all federal whistleblower protection laws. The authority would consist of a Whistleblower Protection Commissioner (as the statutory office holder), Deputy Commissioners, a Chief Executive Officer, and appropriately trained staff. The bill also creates a Whistleblower Protection Advisory Board to provide expert advice and a Parliamentary Joint Committee on the Whistleblower Protection Authority to exercise parliamentary oversight of the new body.

The explanatory memorandum describes the Authority as 'the missing piece in Australia's integrity framework', arguing that current whistleblower protections are fragmented across multiple pieces of legislation with no single agency responsible for supporting whistleblowers or enforcing their rights. The sponsors' claim is that people 'should not be punished for telling the truth, or for exposing misconduct or wrongdoing'.

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Functions and powers of the Authority

Under the bill, the Authority would be empowered to: receive and facilitate the investigation of whistleblower disclosures; provide assistance, advice, guidance and support to whistleblowers and potential whistleblowers in making disclosures; investigate the mistreatment of whistleblowers, including detrimental acts or omissions against them; undertake enforcement activities where necessary; conduct educational activities to promote understanding of whistleblower rights and protections; and monitor and provide advice regarding the prevention of detrimental treatment of eligible whistleblowers.

The enforcement powers are significant. The Authority would have investigative powers similar to those of other Commonwealth integrity agencies, placing it alongside bodies such as the Australian Human Rights Commission and the Fair Work Ombudsman in the regulatory landscape.

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Structure: Commissioner, Deputy Commissioners, and Advisory Board

Part 2 of the bill (the longest part) establishes three divisions. Division 1 creates the office of the Whistleblower Protection Commissioner, sets out the appointment process, terms and conditions, and the Commissioner's functions. Division 2 establishes Deputy Commissioners with specific functional responsibilities. Division 3 formally establishes the Whistleblower Protection Authority as a statutory agency and sets out its constitution.

The Whistleblower Protection Advisory Board, established under a separate part, would provide expert guidance to the Commissioner. The bill also creates a Parliamentary Joint Committee on the Whistleblower Protection Authority — a joint standing committee of the parliament to oversee the Authority's operations, examine its annual reports, and report to both Houses. This mirrors the oversight model used for the Australian Securities and Investments Commission and the Australian Federal Police.

Evidence review

Status and parliamentary history

The bill has had an unusually eventful parliamentary journey for a private senators' bill. Introduced on 11 February 2025, it was referred to the Senate Legal and Constitutional Affairs Legislation Committee two days later on 13 February 2025. That inquiry lapsed when the 47th Parliament ended on 21 July 2025. The bill itself also lapsed at the end of parliament but was restored to the notice paper on 23 July 2025 — one of the first bills restored in the new parliament, indicating the sponsors' priority.

The Legal and Constitutional Affairs Committee was re-referred the bill on 23 July 2025 and reported on 29 August 2025. Separately, the Senate Standing Committee for the Scrutiny of Bills examined the bill and reported in Scrutiny Digest 3 of 2025 on 27 March 2025. Two committee reports are now available for the Senate's consideration.

Evidence review

How this bill relates to existing protections

Australia's federal whistleblower protections are currently contained in the Public Interest Disclosure Act 2013 (for public sector whistleblowers), the Corporations Act 2001 (for private sector whistleblowers), and several other pieces of legislation including the Fair Work Act 2009 and the Taxation Administration Act 1953. There is presently no single body responsible for supporting whistleblowers, receiving disclosures across all schemes, or enforcing whistleblower protections.

The bill does not propose replacing these existing legislative frameworks but rather creating a central authority with jurisdiction over all of them. This would represent a consolidation of the institutional architecture for whistleblower protection without rewriting the underlying protections. Multiple parliamentary committee reports and reviews — including the 2017 Moss Review of the Public Interest Disclosure Act — have recommended establishing a dedicated whistleblower protection authority.

Evidence review

Remaining steps and prospects

The Senate now has two committee reports to inform its consideration. The next step is resumption of the second-reading debate. If the bill passes the second reading, it would proceed to committee-of-the-whole for detailed examination and possible amendments, then a third reading in the Senate, before being transmitted to the House of Representatives.

As a cross-bench private senators' bill, its passage depends on securing the support of either the government or the opposition, plus the cross-bench, in both chambers. The government has indicated support for strengthening whistleblower protections — including through amendments to the Public Interest Disclosure Act — but has not committed to establishing a standalone authority. The bill's restoration to the notice paper and the completion of two committee inquiries suggest it remains live for parliamentary consideration.

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