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This paper by Greg McMahon delves into the best practices for conducting research on whistleblowing, drawing insights from Watchdog Research. It includes a response to the Australian Research Council Inquiries and offers recommendations for effective research methodologies and structuring of surveys. The text explores the levels and types of wrongdoing disclosed, systemic issues, and the treatment of whistleblowers. It also examines the effectiveness of legislation and the treatment of agencies and watchdogs in the context of whistleblowing.
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Dobbing vs Dissent: .STRUCTURES for USEFUL RESEARCH into WHISTLEBLOWING by Greg McMahon President, Whistleblowing Action Group Qld National Director, Whistleblowers Australia
PURPOSE to explain to stakeholder groups the best practices for research into whistleblowing, as held by whistleblowers and their representative organisations
LESSONS LEARNED fromWatchdog Research (WWTWP) into WHISTLEBLOWING Response by Whistleblower Organizations. Adopt a policy on best practices for whistleblower research. Adopt a formal response to WWTWP Advance a response to: The Universities & Partnering Organizations Australian Research Council Inquiries and Reviews The Media
BEST PRACTICES • Re the Wrongdoing Disclosed (PIDs) • Re the Levels of Wrongdoing • Re the Structure of Surveys • Re the Links to Prior Research
the Wrongdoing Disclosed (PIDs) A Categorisation of the Types of Wrongdoing disclosed is important to an understanding of the outcomes. ‘Characteristics of the Wrongdoing’ is a primary predictor of retaliation’. Near & Micelli.
the Levels of Wrongdoing Level 5: OPTIMISED Level 4: INTEGRATED Level 3: MANAGED Level 2: PLANNED Level 1: AD HOC
Level 1: AD HOC Wrongdoing
Level 2: PLANNED Wrongdoing
Level 3: MANAGED Wrongdoing
Level 4: INTEGRATED Wrongdoing
Level 4: INTEGRATED Wrongdoing (Nested)
Level 5: OPTIMISED Wrongdoing
COMBINING LEVELS & CATEGORISATIONS OF WRONGDOING • Re the Wrongdoing Disclosed (PIDs), maladministration – misconduct – crime, say • Re the Level of Wrongdoing, individual – group - agency
Crime by Agency Crime by Group Misconduct by Individuals Maladministration A Simplified Stratification of Public Interest Whistleblower Situations
WRONGDOING BY GROUPS WRONGDOING BY INDIVIDUALS An Over-Simplified Stratification of Public Interest Whistleblower Situations
Re the Structure of Surveys Longitudinal Studies • Backward (eg, the Senate Whistleblowers) • Forward (eg, NSW Police Research) • Continuing (eg, Whistleblower Cases of National Significance, by ALAust) Cross-Sectional Study (eg, WWTWP)
METHODOLOGIES • Longitudinal vs Cross-sectional Surveys • Hierarchies of Wrongdoing • The Seriousness of the Wrongdoing • The Level of Systemic Wrongdoing
CRITISISMS WWTW survey recorded 5.6% terminations vs UoQWS recorded 27% terminations & … when bad treatment does occur, it is unlikely to involve a single decisive blow such as a sacking … [WWTW II, p129]
OPPORTUNITIES FROM RECENT RESEARCH Effectiveness of Legislation. The Comparison of surveys of known whistleblowers WWTWP – 114 from 15 agencies: 60% retaliation – 6% terminations UoQWS – 102 from 17 agencies: 70% retaliation – 27% terminations WWTWP – 114 from 15 agencies: 80% if adjusted for terminations Termination of the 1994 Senate Whistleblowers. Queensland whistleblowers who participated in UoQWS also gave evidence to Senate Select Committee Inquiry 1994 not all had been terminated at 1994 all terminated before 2000 Opportunity missed for practical, credible information about how legislation works and how it does not work available from the Case studies of Principal Whistleblowers
CREDIBILITY I TREATMENT OF SYSTEMIC WRONGDOING and DISSENT WHISTLEBLOWING: The CLAIM OF DISCOVERY OF THE RISKS COMING FROM HIGHER MANAGEMENT The CRITICISM OF WBA AND ACADEMICS as having an ANTI-DOBBING MENTALITY The BIAS AGAINST RETALIATION BY TERMINATION The CLAIM THAT SACKINGS ARE UNLIKELY The ‘MYTHIC TALES’ DESCRIPTION of the Cases in ‘WHISTLEBLOWING’ by Dempster The PRESS RELEASES ADVERTISING RETALIATION RATES of 22%
SYSTEMIC CORRUPTION TREATMENT OF AGENCIES AND WATCHDOGS
CONTEXT of WHISTLEBLOWING The BLUE SKY Scenario Wrongdoing is ad hoc, Authorities are well intentioned, & Whistleblowing is mainly ‘DOBBING’ The BLACK SKY Scenario Wrongdoing is systemic, Authorities are ill-intentioned, & Whistleblowing is mainly ‘DISSENT’
Watchdogs argue that wrongdoing in Australia is AD HOCWhistleblowers argue that wrongdoing in Australia is SYSTEMICWHICH IS IT?Level 1 Ad Hoc?orLevels 2 to 5 Systemic?
With Which Levels of WrongdoingShould We Associate Research Results? Finding A: 71% of respondents have witnessed wrongdoing, [61% witnessed serious wrongdoing] in the last 2 years Finding B: 57% or 61 % of public servants did not report wrongdoing they observed .