ATO whistleblower Richard Boyle to face trial after high court refuses attempt to appeal
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Version 0 of 1. Former tax office employee who spoke publicly about the agency’s pursuit of debts has pleaded not guilty to all charges A South Australian court’s decision that federal whistleblower protections do not grant immunity for criminal acts committed while gathering evidence will stand, after the high court refused Richard Boyle’s attempt to appeal it. The decision on Thursday will mean Boyle, a former Australian Taxation Office official, will soon face a criminal trial in Adelaide for 24 offences, including the alleged use of his mobile phone to take photographs of taxpayer information and to covertly record conversations with colleagues. Boyle has pleaded not guilty to all charges. Sign up for Guardian Australia’s breaking news email Sign up for Guardian Australia’s breaking news email The South Australian district court heard Boyle’s lawyers argue he decided to speak publicly about the agency’s pursuit of debts, including the use of orders that require a bank to hand over money from a personal or business account without the permission of the taxpayer, after attempting to report the concerns internally and to the inspector general of taxation. The former ATO official had attempted to use protection under the Public Interest Disclosure Act to shield him for any criminal offences undertaken while preparing the disclosure. The district court judge Liesl Kudelka, however, said the law was “silent” on whether whistleblowers should be protected for allegedly criminal acts done while collecting evidence or investigating before a disclosure. “The PID Act does not expressly prohibit or endorse the recording of information by a public official to help formulate a public interest disclosure,” the court found in March 2023. “The PID Act is silent on this aspect.” “The PID Act does not expressly prohibit or endorse the collection of evidence by a public official to support the information contained in their public interest disclosure.” A directions hearing on Monday in South Australia will determine when the trial will begin. If Boyle is found guilty, he faces the possibility of time in jail. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Kieran Pender, the acting legal director for the Human Rights Law Centre, said it was a “heartbreaking day” for Boyle. The HRLC played a role as friend of the court in Boyle’s first appeal in South Australia, which he lost. “His case underscores the major holes in Australia’s whistleblowing regime,” Pender said. |