The Human Rights Law Centre and the Whistleblower Justice Fund have condemned the Albanese Government’s ongoing prosecution of Richard Boyle, as the tax office whistleblower pleaded guilty at a hearing in Adelaide today.

Boyle exposed the use of unethical debt recovery powers at the Australian Taxation Office in 2017. Boyle spoke up internally, to an oversight body, and ultimately to the media. His whistleblowing has been partially vindicated by several independent inquiries, but Boyle was subsequently prosecuted by federal authorities.

Last year, the South Australian Court of Appeal ruled he was not protected by federal whistleblowing laws – because the charges related not to his whistleblowing, but steps Boyle had taken in preparation to blow the whistle internally, including taking photos of documents and recording conversations. The Human Rights Law Centre intervened in the case as a friend of the court, arguing for a broader approach to whistleblower protections. The High Court then declined to hear a further appeal.

Boyle told the South Australian District Court today that he would be pleading guilty to several charges, while other charges would be dropped. Boyle’s lawyers indicated they had reached a plea deal with the Commonwealth Director of Public Prosecutions, to avoid a custodial sentence.

Boyle will be sentenced later this year.

Kieran Pender, Associate Legal Director at the Human Rights Law Centre, said: 

“This is a heartbreaking day for Richard Boyle and whistleblowers in Australia. While it is welcome that Boyle will avoid jail, he should never have been prosecuted, and his case clearly demonstrates how our laws are failing to protect people who bravely speak up.

“Prosecuting whistleblowers has a chilling effect on truth and transparency, and sends a clear message to prospective whistleblowers that if you speak up you will face punishment.

“Whistleblowers make Australia a better place – they should be protected, not prosecuted. The re-elected Albanese Government must urgently reform the law to prevent a repeat of this prosecution and commit to establishing a federal Whistleblower Protection Authority.”

Tosca Lloyd, Campaigner at the Whistleblower Justice Fund, said: 

“By refusing to drop the prosecution against Richard Boyle, the Albanese Government has sent a clear message to any would-be whistleblowers: if you speak up, be prepared to be punished.

“Richard Boyle’s whistleblowing helped put an end to unethical practices at the tax office, practices that hurt everyday people. His reward has been a cruel prosecution at the hands of successive federal governments.

“Whistleblowers like Boyle should be protected, not punished. The Albanese Government should take this opportunity to fulfil their promise to fix the broken laws that should have protected Richard Boyle from the threat of jail.”

Media contact:
Chandi Bates, 0430 277 254, chandi.bates@hrlc.org.au