KEY POINTS:
- A former taxation officer has lost his bid for immunity under previously untested whistle blower protection laws.
- Richard Boyle made a public interest disclosure about maladministration at the ATO’s Adelaide debt collection office in 2017.
- He will face a criminal trial in October on 24 charges carrying a lengthy combined prison term.
A former taxation officer who spoke out about bullying behaviour at the ATO is set to face criminal prosecution, after losing his bid for immunity under previously untested whistleblower protection laws.
made a public interest disclosure about maladministration at the ATO’s Adelaide debt collection office in 2017, after he became concerned some taxpayers were ‘losing the will to live’, under the heavy-handed tactics encouraged by his employer.
His actions cost him his career and landed him in a David and Goliath battle against the Commonwealth Government.
South Australian District Court Judge Liesl Kudelka has ruled against Mr Boyle’s application for protection under the Public Interest Disclosure Act 2013 (PID Act).
The decision, which appeared to come as a shock to Mr Boyle, means he will now face a criminal trial in October on 24 charges carrying a lengthy combined prison term.
Judge Kudelka imposed an interim suppression order on the reasons for her decision, saying she would ‘err on the side of caution’, following a request from Commonwealth lawyers.
The civil case, which opened last October, is the first test of the PID act - which theoretically offers protection for public servants who speak up against bad practices in the workplace.
The Human Rights Law Centre described today’s decision as a ‘major blow” to democracy.
“The court’s decision that Boyle’s whistle-blowing on wrongdoing within the Australian Taxation Office was not covered by the PID Act shows that the law is utterly broken,” said senior lawyer Kieran Pender.
“It only underscores the urgent need for law reform to ensure whistleblower protections are real and don’t just exist on paper,” he said.
Richard Boyle made a public interest disclosure about maladministration at the ATO’s Adelaide debt collection office in 2017, after he became concerned some taxpayers were ‘losing the will to live’, under the heavy-handed tactics encouraged by his employer. Source: AAP / David Mariuz
The number of offences was later reduced to 24. If convicted, Mr Boyle could face decades in prison.
Amendments to the PID Act designed to increase whistle-blower protections are expected to be debated before the Senate on Tuesday. The District Court will resume on Tuesday to hear submissions on publication of the judgment.
