Whistleblower protection body needed, politicians urge, as Richard Boyle faces PID decision

The former ATO public servant is expecting a South Australian court to hand down a decision on Monday, which will determine whether he will be immune from jail time under federal whistleblower protection laws.

Mr Boyle is facing a number of charges after he exposed debt collection tactics within the Australian Taxation Office to the media. If found guilty, he could spend life in prison for the alleged offences.

It is the first time the existing whistleblower protections will be tested as a defence against the charges.

The federal government this week expects to debate amendments to the Public Interest Disclosure Act in an attempt to patch shortfalls in the laws first introduced by Attorney-General Mark Drefyus while previously in government in 2013.

The amendments, which increase protections for disclosers and enhance watchdog oversight of investigations, form the first changes ahead of the National Anti-Corruption Commission opening its door by the middle of this year, Mr Dreyfus has previously said.

But independent member for Goldstein Zoe Daniel, who was formerly an ABC journalist, said the amendments don't go far enough.

Mr Boyle first lodged a public interest disclosure in 2017 upon changes within the ATO forcing staff to use harsher debt collection tactics, 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.

He then took the information to the media after the disclosure was dismissed by the tax agency.

The Goldstein MP said a federal protection body could have supported him throughout the five-year ordeal.

"Whatever the court finds, the lesson of this episode is that no whistleblower, especially one who tries to follow the rules, should ever have to suffer anything like Richard Boyle's five-year ordeal," Ms Daniel told The Canberra Times.

"It is yet another reminder, as if we needed any more, of the urgent need for the Albanese government to establish an independent whistleblower commissioner in tandem with the federal anti-corruption commission to ensure protection for whistleblowers and reporters.

"Never again."

The sentiment is echoed by Greens senator David Shoebridge, who has been pushing for the federal government to drop its case against Mr Boyle.

"There couldn't be a stronger signal to the public service, and to people of good conscience, to keep your head down and say nothing than Labor's continuing prosecution of Richard Boyle," Senator Shoebridge said.

"Actions speak louder than words and this ongoing prosecution is screaming unfairness.

"Win or lose, the fact that Richard Boyle's freedom has been on the line for the past four years confirms the need for urgent whistleblower protections."

READ MORE:

Mr Dreyfus has previously said he is considering all options, including a dedicated whistleblower protection authority, as part of the second, and more broad, tranche of reforms.

It will not be released until after the federal government's answer to ICAC is up and running.

Ex-Army lawyer David McBride, who blew the lid on allegations of war crimes in Afghanistan, also attempted to use the Public Interest Disclosure Act in defence of the Commonwealth's charges against him.

It was unsuccesful after the Commonwealth lodged a last-minute public interest immunity claim, rendering the whistleblower defence irrelevant

Mr McBride said the onus should be reversed from the whistleblowers to those being accused of wrongdoing.

"Richard Boyle has to justify himself to stay out of jail, but at no point does the ATO have to justify themselves to prevent them being prosecuted," he said.

"Until we have some way of holding government departments to account when they breach the law, simply not jailing Richard Boyle will not be enough."

Kieran Pender, a senior lawyer at the Human Rights Law Centre, said Mr Boyle should never have been pursued in the first place.

"Whistleblowers should be protected, not prosecuted. Whatever the outcome on Monday, this is a prosecution that should never have been commenced," he said.

"This case has cost Richard Boyle nearly five years of his life, a quarter of a million dollars in legal fees and impacted his mental and physical health. It is an acute reminder that the [Public Interest Disclosure] Act is broken and needs to be fixed.

"Whistleblowers should not be on trial for telling the truth."

The Attorney-General's office was contacted for comment but did not respond in time for publication.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: