Prosecution of Richard Boyle highlights urgent need for whistleblower reform
The Human Rights Law Centre has criticised the Commonwealth Director of Public Prosecutions’ decision not to drop the prosecution of whistleblower Richard Boyle, saying that the ongoing saga shows the need to urgently overhaul Australia’s whistleblower protection laws.
Boyle is a former Australian Taxation Office employee who blew the whistle on aggressive debt recovery practices targeting small businesses, which ultimately led to several reviews and policy reform.
He initially raised his concerns internally in accordance with the federal Public Interest Disclosure Act, but after nothing was done he went to the media, which is also in accordance with the Act.
Boyle was subsequently charged with offences that could have seen him sentenced for up to 160 years in prison.
Before Senate Estimates last month, the Commonwealth Director of Public Prosecution (CDPP) Sarah McNaughton SC indicated that her office was considering whether to discontinue the prosecution.
But at a court hearing in Adelaide today, lawyers for the CDPP indicated that the prosecution would proceed.
Human Rights Law Centre Senior Lawyer, Kieran Pender said:
“The prosecution of Richard Boyle is profoundly wrong and unjust. There is no public interest in putting Boyle on trial for blowing the whistle. Whistleblowing is not a crime.
“Boyle’s brave decision to speak up helped uncover deeply concerning practices being used by the tax office and was most certainly in the public interest. Yet rather than applaud Boyle, he was prosecuted – hit with 66 charges and up to 160 years in prison.
“Not only does this place immense emotional and financial strain on someone who was only seeking to do the right thing, but it in turn has a chilling effect that silences everyday Australians from speaking up about wrongdoing. Whistleblowers should be protected, not punished.”
The Morrison Government has been sitting on urgently-needed reform of the Public Interest Disclosure Act since the Moss Review was delivered in 2016. Five years later, draft amendments are yet to be shared publicly.
“The fact someone can be threatened with 160 years prison for exposing misconduct in the tax office highlights an urgent need for change,” Pender said..
The Human Rights Law Centre is calling for the Public Interest Disclosure Act to be reformed,, and for the CDPP to drop the prosecution of Boyle along with those of fellow whistleblowers David McBride, Bernard Collaery and Witness K.
“Recent events in Parliament have underscored the ability of individuals to highlight wrong and unlawful conduct and spark systemic change. Whistleblowers play a vital role by ensuring transparency and accountability in our democracy. When whistleblowers suffer, our democracy suffers,” added Pender.
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519
Media Enquiries
Chandi Bates
Media and Communications Manager

Crisafulli Government’s shameful adult sentencing laws will harm kids, families, and communities
The Human Rights Law Centre and Change the Record have slammed the Crisafulli Government for passing laws that will sentence even more children to adult-length terms of imprisonment. The laws will lock up children for even longer, and harm kids, families, and communities.
Read more
Statement: Australia’s support for Israel’s ongoing illegal occupation and blockade of humanitarian aid to Gaza must end
The Australian Government is obligated under international law to do everything in its power to bring an end to Israel’s ongoing illegal occupation and blocking of humanitarian aid.
Read more
Rio Tinto to face scrutiny at AGM for response to Panguna mine disaster
As shareholders meet in Perth today for Rio Tinto’s AGM, communities living with the ongoing devastation from Rio Tinto’s former Panguna mine are calling for the company to urgently commit to funding long-term solutions.
Read more