Whistleblower Richard Boyle’s appeal rejected
The South Australian Court of Appeal rejected an appeal brought by tax office whistleblower Richard Boyle
When whistleblowers speak out, they make Australia a better place. From human rights abuses to government wrongdoing to corporate corruption, there is so much we know thanks to brave truth-tellers. Transparency brings accountability and justice.
Regrettably, on June 19 the South Australian Court of Appeal rejected an appeal brought by tax office whistleblower Richard Boyle. Richard had spoken up about unethical debt recovery practices at the tax office. He blew the whistle internally at first, then to oversight agencies, and then to the media as a last resort. He has been vindicated by several independent reviews.
But last year the trial judge found that Richard was not protected by federal whistleblower protection laws, because the charges against him relate not to his actual whistleblowing but preparatory conduct – steps he took while preparing to blow the whistle. This ruling confirmed the narrow scope of protections available for all whistleblowers in Australia.
That is why our Whistleblower Project intervened in the appeal, as a friend of the court, to argue that such an approach would undermine the purpose of whistleblowing laws and have a chilling effect on the exposure of wrongdoing in Australia. This was a landmark case with implications for every future Australian whistleblower.
Unfortunately, yesterday the Court dismissed the appeal. Richard will now face trial, and a potential jail term, when the case returns to court in September.
The outcome lays bare how our weak laws are failing whistleblowers. There is no public interest in prosecuting people speaking out against injustice and wrongdoing.
We call on the Albanese Government to live up to their promise of comprehensive law reform and better support for whistleblowers. People like Richard Boyle shouldn’t be punished for blowing the whistle.
The Human Rights Law Centre will continue to speak up for whistleblowers, and provide expert legal advice and representation through our Whistleblower Project. We will continue to help our clients expose wrongdoing and ensure accountability.
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We pay our respect to Elders past and present. This land always was, and always will be Aboriginal and Torres Strait Islander land. Sovereignty has never been ceded.
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