An independent MP is warning a Federal Court decision forcing him to hand over correspondence between himself and a pokies whistleblower could have devastating consequences for future informants.
In early June, a Federal Court judge handed down a judgment forcing Member for Clark Andrew Wilkie to provide ClubsNSW with copies of his communications with former employee-turned-whistleblower Troy Stolz.
Mr Wilkie warned last week the decision posed a threat to the concept of parliamentary privilege within and around the world.
He urged Parliament to intervene and refer the issue to a parliamentary committee for further scrutiny.
"I am deeply worried about the chilling effect that this decision potentially will have on those brave Australian whistleblowers who are compelled to raise concerns with their elected representatives," Mr Wilkie said in a speech to the Federation Chamber.
"If everyday Australians cannot speak with parliamentarians, safe in the knowledge that their communication and correspondence are protected by parliamentary privilege, many will choose not to speak at all.
"And if we allow whistleblowers to be silenced, democracy as we know it will be greatly diminished for ever."
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Mr Wilkie said Mr Stolz first contacted him in 2019 to blow the whistle on the powerful pokies lobby group, alleging widespread noncompliance with anti-money laundering laws across its 770 member clubs.
As a former anti-money laundering compliance auditor within the organisation, Mr Stolz provided Mr Wilkie with internal documents he alleged proved his claims.
ClubNSW has since launched litigation against Mr Stolz's claims, alleging he had breached confidentiality by supplying Mr Wilkie with the documents.
The Federal Court decision made earlier this month will allow ClubsNSW to use the correspondence between Mr Stolz and the independent MP for its case.
"Other whistleblowers will be put at risk if parliamentary privilege is not protected," Mr Wilkie said.
"In other words, allowing ClubsNSW to possess these documents and read them will guarantee that they are used, consciously or subconsciously, in the future.
"That would be a significant betrayal of the trust Mr Stolz and other whistleblowers have put in me, put in us and put in the parliament of Australia."
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