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ASIC Failed This Whistleblower

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Whistleblowers deserve protection not punishment when they expose major safety breaches.

I questioned ASIC in Senate Estimates about Roxanne Mysko, a brave whistleblower and former Compliance, Health and Safety Manager at transport company ECS.

Despite following whistleblower protocol to the letter when reporting serious, systemic safety failures, including zero safety audits conducted from 2007 to 2020, Ms Mysko faced severe retribution. Instead of stepping up to investigate fatigue-related risks and enforce the law, ASIC simply kicked the can back to the regulator, leaving workers and the public at risk.

I asked ASIC why they have failed to protect her and hold these corporations accountable. Instead of answering this question, they hid behind process, promising to address the matter in a private briefing.

To top it off, investors left out in the cold by the Lyon Property Group collapse are being denied access to administrative compensation schemes, with ASIC trying to pass the buck off to the Department of Finance.

I won’t let regulatory bodies off the hook for failing the people they are supposed to protect.

Transcript

CHAIR: Senator Roberts.  

Senator ROBERTS: Thank you, Chair, and thank you all for being here. Ms Roxanne Mysko is a whistleblower who has not been protected by whistleblower legislation as she should have been. She was the compliance, health and safety manager for ECS Project Logistics, a major transport company. On 16 June 2020, she reported significant safety breaches in that company to SafeWork SA. She also reported to the National Heavy Vehicle Regulator and to Senator Glenn Sterle that ECS had done no safety audits from 2007 to 2020, and had no safety system as of February 2020—this was fully evidenced. ECS worked for Santos. Despite this, the National Heavy Vehicle Regulator did not investigate the raised issues of fatigue and lack of safety audits. ASIC were notified in February 2022; ASIC simply referred the issue back to the National Heavy Vehicle Regulator, where nothing further has been done and the risks continue regarding limited attention to fatigue related deaths, systemic regulatory failures and domestic heavy vehicle safety. Ms Mysko followed whistleblower protocol to the letter and has been on the receiving end of significant retribution for her disclosures as a whistleblower. Evidence shows ECS was contracted to Santos, Ensign Energy and Easternwell. Why has ASIC shown zero statutory duty to uphold the whistleblower safety act and laws? Are you aware that these are very serious criminal offences and involve risking the lives of workers and public safety at extreme levels?

Ms Court: Thank you, Senator Roberts, and good morning. I know you have raised this issue with us previously, so thank you for your question. Since we last met, I have some more information in relation to the matters that you raised. The difficulty I have is that we’re unable to give evidence about whistleblower interactions in a public forum. So I’m in a bit of a bind.  

Senator ROBERTS: Could we have a private briefing?  

Ms Court: Of course, Senator, we’d be very happy to give you a briefing. I am aware that the issues you’ve raised date back, I think, to 2022, as you said in your question. I can certainly assure you that these issues were looked at carefully and in a considered way. But, if you’re comfortable with that, it would be preferable for us to have a briefing and let you know about this—to the extent, again, that we can by law. I’ll have to get some advice on that but, certainly, we’ll be as open as we can.  

Senator ROBERTS: We prefer to get issues fixed for a constituent rather than to put on a show, so I’m happy to get a briefing.  

Ms Court: Thank you Senator, that’s good of you. We will take you up on that.  

Senator ROBERTS: I’ll ask some more questions, but just tell me if they’re appropriate or not. Why has ASIC not protected Ms Roxanne Mysko since the amended whistleblower act commenced on 1 January 2020?  

Ms Court: Again, I’ll take that on notice, Senator.  

Senator ROBERTS: Yes. Why has ASIC not prosecuted the CEOs of Santos, Ensign Energy, Easternwell and ECS for violence towards the safety manager and for whistleblower retaliation over the years?  

Ms Court: And again Senator, I’ll take that on notice.  

Senator ROBERTS: Who is responsible for the statutory duty to be upheld for whistleblower protection inside ASIC? Why has ASIC failed to protect a whistleblower when, in this case, Roxanne Mysko reported the issues to Senator Glenn Sterle—who’s a good friend of mine—when he was undertaking a Senate inquiry into how dangerous the heavy vehicle transport sector is?  

Ms Court: I can answer one part of that question, if that would be of assistance? We take whistleblowing complaints very seriously. There are legal rights and protections for eligible whistleblowers, and there are some statutory criteria that whistleblowers need to come within in order to get statutory protection. Those protections have been strengthened since about the middle of 2019. We have, internally, established the Office of the Whistleblower. So, in terms of your question as to what happens to a whistleblower request when it comes in, we have a specialist team that is experienced in dealing with whistleblowers and in making sure that ASIC applies the statutory obligations that we have in relation to whistleblowers properly. The issues that you have raised would have been dealt with through that Office of the Whistleblower and, as I said, we’re very happy to talk to you and give you a briefing on what we can and can’t do.  

Senator ROBERTS: I’ve looked at the remaining four questions on this topic, and we’ll cover them in the briefing.  

Ms Court: Thank you.  

Senator ROBERTS: Investors in the Lion Property Group are currently being denied access to the administrative remedy under the Compensation for Detriment caused by Defective Administration Scheme—the CDDA—by ASIC. They’ve been told that the Commonwealth is unable to process ASIC related Compensation for Detriment caused by Defective Administration Scheme claims. I have quite extensive questions to submit on notice, but I wish to ask now why the government is unable to proceed with the Compensation for Detriment caused by Defective Administration Scheme claims in these circumstances?  

Ms Court: I don’t know if you were in the room, but Senator Bragg raised a similar issue with me earlier. There are complications about the application of the CDDA to ASIC. Just in that regard, I might have to correct the answers I gave to Senator Bragg earlier—I think I said that the CDDA did apply, but it was just that ASIC didn’t administer it. I understand now that it actually may not apply. We are very familiar with, and concerned for, the various investors that have lost money in Lion Property; I understand that has been a very significant issue. But, in relation to the CDDA, it’s not clear that it does apply to ASIC. In any event, those complaints are not dealt with by ASIC—as would be appropriate, of course.  

Senator ROBERTS: Who deals with them?

Ms Court: The Department of Finance would deal with them if they applied. Is that right? I’ll hand over to Mr Gregson.

Mr Gregson: That’s right. The relevant department for those inquiries is the Department of Finance.  

Senator ROBERTS: Are you sure about that?  

Mr Gregson: That’s my understanding—that would be the prime body.  

Senator ROBERTS: Thank you. 

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Protecting the Institution, or Protecting our Troops?

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During the February Senate Estimates, I asked questions of the ADF about the tragic case of LAC Andrew Armfield.

From what I’ve been told, the facts are damning:

Mandatory suicide management policies were ignored after his first attempt.

Evidence suggests FOI redactions were used to smear Andrew’s brother, a whistleblower, to protect the ADF’s reputation.

Senior leadership was briefed on “media risk” while claiming elsewhere they were unaware of the situation.

It’s the same old story: The top brass is more worried about bad PR than the lives of our sailors, soldiers, and aviators.

Mateship and trust are strategic assets, yet you can’t have either without the TRUTH.

The ADF leadership has taken my questions “on notice.” I’ll be holding them to it.

Our service members deserve justice, not excuses.

Transcript

Senator ROBERTS: We’ve heard today that people are important, and that’s reassuring. My understanding is that in the ADF mateship and trust are of strategic importance. They’re strategically significant. Going to safety and trust, I’d like to get to questions that relate to the way that the ADF has mismanaged the suicide of Leading Aircraftman Andrew Armfield and failed to provide him with the support he needed after his first suicide attempt in June 2011. Are you aware that the royal commission transcripts dated 6 March 2024 and a ministerial background brief from the Deputy Chief of Navy, Commodore Ray Leggett, to Minister Matt Keogh in October 2022, copied to Vice Chief of Defence Force David Johnson and Chief of Defence Force Angus Campbell, warned of negative media risk if Mr Armfield’s story became public?  

Adm. Johnston: Of course it is very difficult for us to talk about the individual circumstances. As we have explained to you before, we can talk around the support that we are doing to improve suicide awareness, our proactive response to reducing the prevalence of it in the force. Mr Armfield’s circumstances were very much a part of the Royal Commission into Defence and Veteran Suicide. For officials to talk on the particular nature of his circumstances, there is very limited that we can say without his authority to do so. If it is helpful for you to have officials come forward and just explain how we are responding to the types of circumstances that Mr Armfield experienced and what we are doing to improve our response to it, I would be very happy to do so. 

Senator ROBERTS: I’ll point out that Mr John Armfield has been involved in developing these questions. We got the data from him. He’s happy for us to talk about it.  

Adm. Johnston: That might be true of what he’s provided to you, but that’s not an authority that we have from him.  

Senator ROBERTS: I’ll ask again: are you aware that you were copied as Vice Chief of Defence Force on the royal commission transcripts?  

Adm. Johnston: I am aware of Mr Armfield’s transcripts, yes.  

Senator ROBERTS: Given that ministerial brief, do you accept that sworn royal commission evidence by then Vice Chief of Defence Force, yourself, claiming you were unaware of Mr Armfield’s situation was incorrect as you had been copied in?  

Adm. Johnston: Sorry? I’m just not clear on your question about which part you mean was incorrect.  

Senator ROBERTS: The ministerial brief to Minister Matt Keogh in October 2022. Given that brief, which you said you got, do you accept that sworn royal commission evidence by yourself claiming that you were unaware of Mr Armfield’s situation?  

Adm. Johnston: My comment to you was that I’m aware of the transcript of Mr Armfield’s evidence after the royal commission had occurred. I would have to go back to my own testimony of the evidence to be able to answer that question for you.  

Senator ROBERTS: It’s claimed that you were unaware of Mr Armfield’s situation, but you were aware.  

Adm. Johnston: Mr Armfield appears directly prior to me appearing as a witness. I heard his evidence. I would have to check the circumstances of that question. I heard the evidence that Mr Armfield gave, because he appeared immediately prior to me on the morning that I appeared at the royal commission. If you could allow me to go back and clarify the question you’re asking to make sure I get the accurate response to it?  

Senator ROBERTS: That’s fair enough. At the time of Leading Aircraftman Andrew Armfield’s first suicide attempt in June 2011, was DIGPRS 1626 a mandatory policy requiring a risk management team? Is it accepted that no risk management team and no crisis management plan were ever established by Dr Suresh Babu or Wing Commander Peter Davies?  

Adm. Johnston: You’re asking me particulars of details of that set of circumstances. We would take them on notice and do our best to answer them for you.  

Senator ROBERTS: I appreciate your desire for accuracy. Do you accept that, by failing to comply with that mandatory policy, Defence removed structured oversight of Leading Aircraftman Andrew Armfield’s care and therefore failed to discharge its duty of care regardless of treatment occurring in a civilian hospital?  

Adm. Johnston: Again, I’m not in the position to answer the detail. I just don’t have sufficient knowledge of it. I would look at it, but I would restate the importance and the amount of work that we have done to address suicide within the Defence Force and that with veterans after. There are considerable initiatives, and we have learnt from each one of these tragic circumstances about how we need to change our policies, the awareness of our people and the proactive environment that we can provide in order to minimise the circumstances of suicide occurring. That was a tragic set of circumstances. We are doing our best to learn from them and to change the environment to prevent suicide occurring within the force.  

Senator ROBERTS: That’s a nice broad fluffy statement, and it’s honourable, but I’d like a specific answer to that question, if you could give it to me. I accept that you’re putting yourself in a difficult position if you just answer off the cuff, so we’d appreciate the answer on notice.  

Adm. Johnston: I’ll take that on notice.  

Senator ROBERTS: Why did Defence redact freedom of information material under sections 47E and 47F relating to statements by Flight Lieutenant Carlisle Miles, Commodore Fiona Southwood and Colonel Matthew Freeman when an FOI review later revealed those redactions concealed false and subjective statements portraying Petty Officer Armfield—that’s the deceased’s brother, and he’s also the complainant—as dishonest or mentally unstable? Some of those statements were emailed 11 times to 14 commissioned officers, thereby damaging his professional reputation and shaping a false narrative to protect Defence.  

Adm. Johnston: I’m sorry. I don’t have that knowledge, but we will take it on notice. 

Senator ROBERTS: Why did the Inspector-General of the ADF in his assessment report of 2022 identify that Lieutenant Colonel Matthew Freeman conducted a fact-finding investigation without the required investigator qualification, acted with bias and exceeded his terms of reference by commenting on Mr Armfield’s mental health? That’s the brother.  

Adm. Johnston: Sorry? What is the question within what you’ve just presented?  

Senator ROBERTS: Why did the Inspector-General of the ADF in his assessment report of 2022 identify that Lieutenant Colonel Matthew Freeman conducted a fact-finding investigation without the required investigator qualification, acted with bias and exceeded his terms of reference by commenting on Mr Armfield’s mental health? That’s Petty Officer Armfield.  

Adm. Johnston: If your question is why did the Inspector-General of the ADF come to that conclusion, that is best, of course, presented to the inspector-general rather than to the department.  

Senator ROBERTS: I’d like to know if what he said was true and you’re aware of it?  

Adm. Johnston: I would have to take that on notice.  

Senator ROBERTS: What authority or qualification did Commodore Bannister rely upon to decide that Mr Armfield’s allegations of criminal conduct, supported by ADF legal advice and reviewed by senior external lawyers, were not referred to police or prosecutors?  

Adm. Johnston: Again, I will take it on notice.  

Senator ROBERTS: Petty Officer Armfield reported alleged breaches of Commonwealth law on the advice of an ADF lawyer to Commodore Fiona Southwood, Warrant Officer Navy Andrew Bertoncin, Captain Anne Andrews, Chief of Navy Mark Hammond, IGADF and the Defence Force Ombudsman. All were provided the evidence. Process and policy was followed. If each officer deflected or claimed it was not their remit, who exactly does an enlisted sailor, soldier or air crew report allegations of criminal conduct to within the ADF?  

Adm. Johnston: That is one of the areas where we have extensively sought to enhance the options that are available to individuals of how they report. Some of them, as you were referring to, would be up through their leadership chain. We have ensured there are independent options that are outside of an individual’s unit or command structure so that in those circumstances where they feel more comfortable reporting externally they have multiple options, whether it is to military police or the inspector-general of the ADF. We now have a centralised reporting mechanism where reporting can be made that is separate to the command chains. We have ensured there are multiple pathways available to people when either they believe that reporting that they may have made to their leadership is not being acted on or where they are uncomfortable with reporting in that environment and they wish to be able to report externally to it.  

Senator ROBERTS: What I’m hearing—correct me if I’m wrong—is that mandatory defence suicide management policy was not followed, that oversight failed and you’ve made changes since. Serious concerns raised by Petty Officer John Armfield, the deceased’s brother, were known to senior Defence leadership and possibly yourself while being denied under oath elsewhere; is that correct?  

Adm. Johnston: That’s not what I said, with respect.  

Senator ROBERTS: No, I wasn’t saying what you said—what I’ve heard, what I’ve interpreted.  

Adm. Johnston: No, I didn’t comment on the individual circumstances of the case but did explain what we had done. If your question is around that set of circumstances, I will need to take it on notice.  

Senator ROBERTS: If you could take it on notice, please. I accept your correction there. We’ve heard that reputationally damaging material was withheld under freedom of information, that flawed and unqualified investigations occurred and that allegations of possible criminal conduct were not referred despite legal advice; is that correct?  

Adm. Johnston: Again, I do not have that detail. I would have to come back to you.  

Senator ROBERTS: Notably, the only person referred to law enforcement in this matter was the whistleblower himself, who was acting on the advice of an ADF lawyer, and none of the officers whose conduct is now in question. Could you confirm or correct that, please?  

Adm. Johnston: I would have to take it on notice.  

Senator ROBERTS: I don’t see this as support for a whistleblower. It’s avoidance. It goes to the heart of institutional integrity and accountability. I look forward to your answers to questions on notice, because the public deserve the truth. Your officers and your enlisted people deserve the truth—Army, Navy, Air Force—and they deserve justice. Anything less confirms that protecting the institution still matters more than protecting those who serve it. That’s what I’ve seen, being blunt, for the last few years in Senate estimates. The senior brass of the ADF is not standing up and providing leadership. 

Adm. Johnston: I hope you have seen significant evidence that, as we have already canvassed this morning, people are critical to our capability, and that the work we are doing through implementing the royal commission recommendations within Defence is a significant priority for us. The structure of support and the environment and culture that we are seeking to build, both within the Defence Force and more broadly across Defence, is highly supportive of our people. There are circumstances—and the royal commission was clear—where we have let people down, and we have acknowledged that. We have put significant effort and priority around doing everything that we can to change those circumstances.  

Senator ROBERTS: I look at the report from the inquiry into honours and awards. There was a clear recommendation that Defence put in place a more objective process, and that was nixed by the government. I still don’t see that desire for accountability and truth at the top of the Australian Defence Force.  

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Whistleblowers Left Unprotected

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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. 

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Welcome Home Julian Assange

Australian Citizen Julian Assange was persecuted and imprisoned for 14 years because he told the truth.

Decades on from him unveiling embarrassing information about the government, no one has been able to prove who was apparently ‘put in danger’ by what Wikileaks released.

The truth is, we should know everything about what the Government is up to. With surveillance like the Digital ID Bill coming into effect, the Government wants it the other way around. They want to know everything about you while you know nothing about what the Government is doing.

Whistleblowers rarely come with perfect personalities, but knowing what the government is up to with your money is vital. Welcome home Julian, your return was long overdue.

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