Contributed from Victoria

Richard Boyle faced up to 161 years in prison over charges that he made classified Australian Tax Office (ATO) documents public. Richard was working for the ATO at the time. It all sounds clear cut. Except that this was an act driven by serious concern over bullying practices used against taxpayers under instructions from management. This included but was not limited to accessing people’s back accounts without proper authorisation.

Believing that this was unethical and unjust, Richard approached both management and the tax Ombudsman’s office. They didn’t want to know. They proved to be a dead end, effectively protecting the alleged wrongdoer, instead of ensuring justice prevailed.

When the Commonwealth Director of Public Prosecutions (CDPP) charged him there was no consideration of the whole picture. Eight years later the number of charges has been dropped from 66 to 4 through plea bargaining. The point is that no charges should ever have been laid. As it is, Richard Boyle faces charges for disclosing protected information, making a record of protected information, using a listening device, and recording another person’s tax file number.

Photo from SBS News: Richard Boyle supporters in Adelaide calling for the charges to be dropped

The Public Interest Disclosure (PID) Act is supposed to protect whisteblowers and Boyle is a test case to showcase its effectiveness or otherwise. It has proved to be worse than toothless. The Act is being seen as a false veneer of protection helping to set up those who speak out for punishment. Although this Act is supposedly meant to promote integrity and accountability within the commonwealth public sector by facilitating the reporting of suspected wrongdoing, it helps provide a smokescreen to hide wrongdoing, deny proper investigation, and punish those who speak out.

In this case, the wrongdoing of the ATO has been ignored. Vindication of Boyle’s allegations by reports from the Small Business Ombudsman and a parliamentary report has made no difference. One can only presume that behind the neglect is an overriding intention to protect the ATO at all costs. The PID is no more than sop to cover public demand for the government to act with no intention of really giving whistleblowers real protection. The road as paved to use a loophole to avoid action and persecute Richard Boyle. This is a form of corruption, and this scandal demands reform to put the matter right.

Persecution did not stop at imposing charges and the prospect of a long prison sentence. Federal Police twice raided the Boyle home. Normal life for Richard and his wife Louise has been disrupted for years. Getting on with life and doing what most people do has been replaced by year after year stress.

Campaigners are calling on the Albanese government to change the existing law and establish an Independent Whistleblower Protection Authority.