Tax office whistleblower Richard Boyle avoided jail and had no conviction recorded against him after a seven-year ordeal, punished for doing what was right. Kim Wingerei with AAP reporting.
MPs and advocates want better protections for whistleblowers after a judge decided not to impose convictions against Richard Boyle for crimes linked to his exposure of unethical debt-collection practices at the Australian Taxation Office.
Judge Liesl Kudelka sentenced Boyle, 49, in the South Australian District Court on Thursday, seven years after the former debt collection officer went public with allegations that led to reforms within the ATO.
Family and supporters sobbed in court after Boyle received no conviction and no penalty and was instead required to enter into a $500, 12-month good behaviour bond.
In a plea deal with prosecutors, the Adelaide man admitted four criminal charges, reduced from the original 66 laid after he appeared on the ABC’s Four Corners program.
One Last Swipe: Australian Taxation Office still punishing whistleblower Richard Boyle
Boyle admitted disclosing protected information to another entity, making a record of protected information, using a listening device to record a private conversation and recording other people’s tax file numbers.
Each charge carries a maximum penalty of two years in jail.
Outside court, protesters cheered Boyle when he emerged with his wife Louise Beaston.
Forensic psychologist Loraine Lim’s opinions on Boyle’s state of mind were important, Judge Kudelka said.
“She says your actions appear to have been driven by a rigid internal moral code, heightened sensitivity to perceived injustice and a deep-seated compulsion to protect individuals you view as vulnerable or at risk.
“She describes your offending behaviour as more consistent with moral-driven whistleblower conduct shaped by trauma-related distortions and judgment rather than a desire for heroism or public recognition.”
Judge Kuldeka said she “wanted to make it clear” she was not making any comment on the content of the public interest disclosure Boyle made in October 2017.
“You’ve been praised by many for what you did disclose in that document,” she said.
“I think it should also be recognised that making such a disclosure is not an easy, simple or straightforward thing for an individual to do.
To put it colloquially, blowing the whistle can be a tough gig.
The judge had listened to taped conversations with his colleagues and his father, “and I can hear how compromised your mental health was at the time”.
“Indeed, when you gave evidence about these events during civil proceedings, your compromised health and mental health was palpable,” she said.
Independent MP Andrew Wilkie welcomed the outcome but said Boyle should never have been charged.
“He was found to be right but then bizarrely the government goes after him doggedly … it really goes to the heart of the problem here, we have such weak whistleblower protections in this country,” he said.
Mr Wilkie and independent colleague Helen Haines used the sentencing to renew their push for a whistleblower protection authority to help those who want to expose wrongdoing.
The Human Rights Law Centre’s Kieran Pender said it was a “sorry saga that has been devastating for Richard Boyle and undermined Australian democracy”.
“The Albanese government must not stand idly by as whistleblowers are punished; they must act with urgent law reform and the establishment of a whistleblower protection authority, adding,
to ensure prosecutions like this never happen again.
Executive Director of the Alliance for Journalists Freedom Peter Greste said Boyle’s case showed “the vital role that brave whistleblowers play in our democracy and the need to protect them”.
Former senator and Whistleblower Justice Fund founder Rex Patrick called Boyle a hero,
He called out egregious, harmful practices by the tax office and in doing so ended them.
As he signed the good behaviour bond, Boyle offered an apology to the victims and for taking up the court’s time.
“You don’t need to apologise for that, Mr Boyle. It’s called the wheels of justice,” Judge Kudelka told him.
Whistleblower to whipping boy. Richard Boyle punished for playing by the rules
Kim Wingerei is a businessman turned writer and commentator. He is passionate about free speech, human rights, democracy and the politics of change. Originally from Norway, Kim has lived in Australia for 30 years. Author of ‘Why Democracy is Broken – A Blueprint for Change’.
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