The Human Rights Law Centre has criticised the Commonwealth Director of Public Prosecutions’ decision not to drop the prosecution of whistleblower Richard Boyle, saying that the ongoing saga shows the need to urgently overhaul Australia’s whistleblower protection laws.

Boyle is a former Australian Taxation Office employee who blew the whistle on aggressive debt recovery practices targeting small businesses, which ultimately led to several reviews and policy reform.

He initially raised his concerns internally in accordance with the federal Public Interest Disclosure Act, but after nothing was done he went to the media, which is also in accordance with the Act.

Boyle was subsequently charged with offences that could have seen him sentenced for up to 160 years in prison.

Before Senate Estimates last month, the Commonwealth Director of Public Prosecution (CDPP) Sarah McNaughton SC indicated that her office was considering whether to discontinue the prosecution.

But at a court hearing in Adelaide today, lawyers for the CDPP indicated that the prosecution would proceed.

Human Rights Law Centre Senior Lawyer, Kieran Pender said:

“The prosecution of Richard Boyle is profoundly wrong and unjust. There is no public interest in putting Boyle on trial for blowing the whistle. Whistleblowing is not a crime.

“Boyle’s brave decision to speak up helped uncover deeply concerning practices being used by the tax office and was most certainly in the public interest. Yet rather than applaud Boyle, he was prosecuted – hit with 66 charges and up to 160 years in prison.

“Not only does this place immense emotional and financial strain on someone who was only seeking to do the right thing, but it in turn has a chilling effect that silences everyday Australians from speaking up about wrongdoing. Whistleblowers should be protected, not punished.”

The Morrison Government has been sitting on urgently-needed reform of the Public Interest Disclosure Act since the Moss Review was delivered in 2016. Five years later, draft amendments are yet to be shared publicly.

“The fact someone can be threatened with 160 years prison for exposing misconduct in the tax office highlights an urgent need for change,” Pender said..

The Human Rights Law Centre is calling for the Public Interest Disclosure Act to be reformed,, and for the CDPP to drop the prosecution of Boyle along with those of fellow whistleblowers David McBride, Bernard Collaery and Witness K.

“Recent events in Parliament have underscored the ability of individuals to highlight wrong and unlawful conduct and spark systemic change. Whistleblowers play a vital role by ensuring transparency and accountability in our democracy. When whistleblowers suffer, our democracy suffers,” added Pender.

Media contact:
Michelle Bennett, Engagement Director, 0419 100 519