Floyd, Louise Willans (2011) Whistle-blowing and compulsory medical examinations: recent developments in Australian public sector employment law and their relevance to Hong Kong. Hong Kong Law Journal, 41 (1). pp. 155-176.

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Abstract

This article examines recent developments in Australian public service law which have seen sweeping changes at various levels of government on whistleblower protection laws, ongoing debate about the powers of government managers to refer public servants for medical examination, utilisation of criminal powers to arrest litigants threatening to kill court staff, and the advent of a new form of legal privilege for journalists. The article argues that these Australian developments are useful for Hong Kong lawyers to observe. In the first place, the Australian position on ordering medical examinations and protecting court staff may make existing powers of Hong Kong Senior Executive Servants more workable (while ensuring they are still fair). In the second place, the developments regarding whistleblower protection and journalist privilege may become relevant to any future review of government accountability and operation. Given the ongoing review of Hong Kong public sector employment law after Lam Siu Po and Rowse and the advent of web sites like Wikileaks, it is argued that an analysis of these issues is both timely and relevant.

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