October 2, 2022 — 2.22pm
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The imminent trial of former Australian Taxation Office employee Richard Boyle has thrust the issue of whistleblowing back onto the national agenda and prompted calls for Attorney-General Mark Dreyfus to drop the criminal charges against the former public servant.
Boyle raised concerns in 2017 about the ATO using aggressive tactics to pursue taxpayer debt, including a practice known as garnishee notices, which allows the ATO to seize funds from the bank accounts of Australian taxpayers without notice or consideration of their circumstances.
After going through the proper internal channels and having his complaint rejected, he took the story to the media. He is now facing 24 charges including telephone tapping, recording of conversations without the consent of all parties, making a record of protected information and in some cases passing that information to a third party. If convicted, he faces prison.
Boyle sought protection under the relevant legislation, the Public Interest Disclosure Act so he could publicise the allegations, keep his job and avoid prosecution for telling the truth. So far, that bid has failed. Next month he will ask the District Court in Adelaide for a declaration that, under the Act, he is immune from criminal prosecution.
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