Whistleblowers Left Unprotected

In Senate Estimates, I questioned ASIC over the case of Roxanne Mysko, a whistleblower who spoke up about major safety failings in the trucking industry, only to be left unprotected.

Why hasn’t ASIC used the Corporations Act to protect her?

Why was the matter referred elsewhere when ASIC has direct responsibility under Part 9.4AAA?

Will ASIC reopen case CAS-94551 and prosecute for whistleblower retaliation?

ASIC couldn’t, or wouldn’t answer, taking every question on notice. It’s clear that right now, Australian whistleblowers are standing alone. I won’t stop pushing until that changes.

If our regulators won’t act, “protections” are just words on a page. We need real accountability for those who risk everything to keep us safe.

— Senate Estimates | February 2026

Transcript

Senator ROBERTS: Thank you for appearing tonight. I hope that this session is a bit longer than the previous one. Are you aware of Ms Roxanne Mysko?  

Ms Court: I will try to be. The name is vaguely familiar but—  

Senator ROBERTS: Roxanne Mysko?  

Ms Court: Is there a company that Ms Mysko is associated with that you could help me with?  

Senator ROBERTS: I think she’s a whistleblower. Yes, she’s a whistleblower to you guys.  

Ms Court: If that’s the case, I won’t be able to speak about anything to do with that. But just let me check with Mr Savundra, just to make sure, to see if we have anything that we can assist you with here.  

Senator ROBERTS: Well, I’ll ask the question. You can decide. Ms Roxanne Mysko is an honest person who discovered that there were significant failings of safety in the trucking industry. She found that international corporations, including Santos and Ensign, had contracted ECS Project Logistics as freight logistics. ECS and approximately 70 contractors operated with zero safety audits, fatigue controls and licence and registration checks done from 2007 to 2020. Why did ASIC fail to enforce the Corporations Act whistleblower protections? 

Ms Court: I don’t have any information about that with me, I’m afraid.  

Senator ROBERTS: Can you take it on notice?  

Ms Court: Of course, I’ll take it on notice.  

Senator ROBERTS: Why did ASIC refer whistleblower matters to the National Heavy Vehicle Regulator when ASIC has direct responsibility under Part 9.4AAA?  

Ms Court: I’ll have to take that on notice as well.  

Senator ROBERTS: Will ASIC reopen CAS-94551 and prosecute whistleblower retaliation, identified breaches and victimisation by Santos, Ensign and ECS under Part 9.4AAA?  

Ms Court: I’m not familiar with the document you’re referring to, but, again, I’m happy to take that on notice.  

Senator ROBERTS: These disclosures by Ms Mysko revealed grave safety failings in the heavy vehicle industry. These safety issues are of significant concern for all road users. Ms Mysko has suffered terribly at the hands of big corporations and those public servants who have not done their jobs. Minister, when will this government get serious about protecting genuine whistleblowers and stop them from being victimised by wrongdoers?  

Senator Ayres: I have no knowledge of the matters that you raise. I understand you’ve asked ASIC questions about how they may or may not have dealt with this, and they’ve taken it on notice. In terms of the extent to which—you could make an argument that their responsibilities touch on this matter. But I have no knowledge of this set of circumstances, and I can’t help you.  

Senator ROBERTS: Would it be possible for you to comment once we get the answers from ASIC?  

Senator Ayres: If there’s anything that we can help you with, we will.  

Senator ROBERTS: I’d like to know when this government will protect whistleblowers. That’s all.  

Senator Ayres: That’s a broader policy question. I’m not sure that ASIC’s in a position to respond to it.  

Senator ROBERTS: No, I’m asking you for that.  

Senator Ayres: The broad approach that the government’s taken in relation to whistleblower protections is probably a matter for the Attorney-General. I’m here representing the Treasurer, and I’m not sure that I’m in a position to provide you with much information at all about this issue, as important as it is, both broadly and in relation to the person who you’ve referred to.  

Senator ROBERTS: I don’t think that’ll give whistleblowers much confidence, but thank you for your answer.  

Senator Ayres: Then you should ask these questions in the Attorney-General’s section if you are genuinely looking for an answer.  

Senator ROBERTS: Thank you, Minister.