Attorney-General must intervene as first-ever whistleblower defence hearing begins
The Human Rights Law Centre is calling on Attorney-General Mark Dreyfus KC to discontinue the unjust prosecution of tax office whistleblower Richard Boyle, with his defence hearing set to begin in Adelaide on Tuesday.
Boyle blew the whistle on misconduct within the Australian Taxation Office. He first raised his concerns internally, and then to the Inspector-General of Taxation, before blowing the whistle as part of a joint ABC/Fairfax investigation.
Despite Boyle’s truth-telling being vindicated during reviews by the Inspector-General, Small Business and Family Enterprise Ombudsman and a Senate inquiry, he was charged in 2019 with a range of offences relating to his whistleblowing. Boyle has pleaded not guilty.
The first part of the case begins on Tuesday with Boyle set to use a defence under federal whistleblowing law, the Public Interest Disclosure Act. Boyle is expected to argue that his actions, in blowing the whistle to expose misconduct to the media, were consistent with the PID Act, meaning he is therefore immune from prosecution. It will be the first-time the provision has been tested in a criminal case. The case was due to begin in July, but was delayed due to Covid-19.
The case is being heard in the District Court of South Australia. If Boyle is unsuccessful, he is scheduled to go on trial before a jury next October. It is understood that there are several technical legal points to be argued in the days ahead, which may lead to further delays in the case.
Kieran Pender, Senior Lawyer at the Human Rights Law Centre, said:
“Whistleblowers should be protected, not punished. There is no public interest in this prosecution going ahead. Richard Boyle did the right thing – he spoke up about wrongdoing taking place within a powerful government agency.
“Boyle has been vindicated by three independent inquiries, which collectively found that the ATO had misused its debt recovery powers, and that the ATO’s internal investigation of Boyle’s whistleblowing was superficial. Yet he finds himself on trial for telling the truth.”
In July, the Attorney-General intervened to discontinue the prosecution of Bernard Collaery, using powers available under the Judiciary Act.
“Like the Collaery case, the prosecution of Richard Boyle is unjust and will have a chilling effect on prospective whistleblowers. This case warrants the Attorney-General’s intervention to end it,” Pender said.
The Human Rights Law Centre is urging the Albanese government to reform the PID Act and establish a whistleblower protection authority to provide stronger protections for Australian whistleblowers. The Boyle case, and the prosecution of David McBride, who blew the whistle on alleged war crimes in Afghanistan, underscore shortcomings with the legislation and the lack of practical support for whistleblowers.
“The fact that two Australian whistleblowers are on trial for speaking up about wrongdoing in government, and a third was only saved by the Attorney-General's intervention, shows that whistleblowing laws are failing. The Albanese government must prioritise stronger laws and the establishment of a whistleblower protection authority to ensure Australian whistleblowers are protected and empowered. Whistleblowers make Australia a better place,” Pender said.
Media Contact:
Michelle Bennett, 0419 100 519