Australia’s whistleblower laws do not offer any protection to public servants like Richard Boyle for acts allegedly committed while gathering evidence prior to speaking out, a court has found.
The South Australian district court on Thursday partially lifted suppressions over a key judgment that ruled that the nation’s whistleblower protections could not be used to shield Boyle, a former tax office employee who spoke out about the agency’s unethical and aggressive pursuit of debts.
The landmark decision, handed down on Monday, was the first real test of the public interest disclosure act (PID Act) and leaves Boyle staring down the barrel of a criminal trial for 24 offences, including the alleged use of his mobile phone to take photographs of taxpayer information and covertly record conversations with colleagues.
Boyle has pleaded not guilty to all charges.
The court’s reasons for denying Boyle immunity were temporarily suppressed on Monday. Boyle’s criminal trial is set down for October.
Guardian Australia – represented by barrister Michelle Hamlyn – intervened in the case this week, intending to argue against the complete suppression of the judgement given the public interest in its importance in revealing potential weaknesses in Australia’s whistleblower protection regime.
The court heard on Thursday that Boyle’s lawyers were seeking portions of the judgment be...
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