The Supreme Court ruling that Australia's public interest immunity laws do not allow whistleblowers to conduct "their own investigation" or collect evidence of discreditable conduct, has an expert expressing alarm.
Former Australian Taxation Office (ATO) tax officer, Richard Boyle, recently lost his legal bid to be declared immune from prosecution as a whistleblower, meaning he could face the prospect of life in prison if convicted.
Mr Boyle's lawyers, Steven Millsteed KC, and junior counsel Lauren Gavranich, said they are considering an appeal.
The 62-page judgement dismissing Mr Boyle's application for immunity from prosecution on 23 charges was subject to an interim suppression order, but the ABC can now publish some of its contents after the court on Thursday relaxed the scope of the order to only apply to specific parts of the judgement.
Mr Boyle's criminal trial is scheduled to start in South Australia's District Court in October.
Mr Boyle, 46, argued Australia's whistleblowing laws should protect him for any alleged acts conducted while he collected evidence and investigated the ATO's pursuit of debts, prior to making the public interest disclosure.
Mr Boyle is accused of 24 offences — including recording and disclosing protected information — stemming from his disclosure of information about unethical debt-recovery practices within the ATO. He has pleaded not guilty to all charges.
Mr Boyle had worked as a debt collection officer at the ATO's Adelaide office and...
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