A landmark case against a government whistleblower will head to court this week amid calls for Attorney General Christian Porter to intervene.

Normal text size Larger text size Very large text size The Morrison government is defying calls from a key crossbench senator to intervene on behalf of a newlywed whistleblower due to face court this week. The whistleblower, Richard Boyle, faces more than 160 years in prison if convicted of breaching laws on handling public documents and recording phone calls when he spoke out on the Australian Taxation Office’s mistreatment of taxpayers. Loading Replay Replay video Play video Play video Speaking for the first time since being charged, Mr Boyle said he felt he had been persecuted by the ATO and Centre Alliance senator Rex Patrick has described the government’s whistleblowing protections a sham. Mr Boyle, a former tax employee, became a whistleblower last year, exposing a toxic culture and abuse of power inside the ATO. Since then he has lost his job, had a breakdown, suffered insomnia and a series of stress-related heart issues after being charged with 66 offences, totaling 161 years in jail, more than some of the country’s worst murderers and rapists. In a joint media interview with The Age, Sydney Morning Herald and ABC 7.30, Mr Boyle described his battle with depression.


"I feel like I almost died from the stress. I feel like they almost killed me and were trying to kill me," he said. "I’ve had some dark moments. It’s taken a huge toll on my mental health. I couldn’t work. I couldn’t sleep and my health spiralled into what I describe as a devastating situation." I feel like I almost died from the stress. I feel like they almost killed me and were trying to kill me Richard Boyle He married his sweetheart of seven years Louise Beaston last weekend, in spite of their uncertain future. "I received the charges in January and we decided we couldn’t wait any longer," he said. "We have been incredibly stressed and we decided we needed to celebrate the little things in life and continue on together." ATO whistleblower Richard Boyle marries fiance Louise Beaston in Adelaide. Ms Beaston said they had been together for seven years and they decided they couldn’t wait any longer. "It was just a total leap of faith to go ahead and make this day happen this year and our friends and family couldn’t be happier for us," she said.


"It was the best day of my life… It was just nice to have a day where you didn’t have to think about things." Mr Boyle became an internal whistleblower in 2017 when he made a disclosure under the provisions of the Public Interest Disclosure (PID) Act 2013 to the ATO. His allegations were investigated by a senior ATO investigator and dismissed. He alleged that some ATO staff were instructed to use an aggressive debt collection 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. Loading "When we were categorically instructed to take money out of people’s bank accounts when due process hadn’t been followed, I couldn’t stomach that. I had to go public because the ATO didn’t take my claim seriously," he said. The ATO offered Boyle a settlement over an alleged breach of the Public Service Code of Conduct, offering him a payout and a statement of service, with no admission of liability.


But he would have to sign a gag order to prevent him speaking publicly about what he knew. He declined and went public in a joint Age, Herald and Four Corners media investigation. His home in Edwardstown, south west of Adelaide, was raided and his laptop and phone seized. At the time, the ATO said protecting taxpayer confidentiality was critical for the integrity of Australia’s tax and super systems. It turned Mr Boyle’s world upside down. "From the raid I have been in a state of anxiety wondering what was going to come next." But he said if people didn’t speak up, "how are we going to change things?" In January he was charged with counts including telephone tapping without the consent of all parties and making a record of protected information. In a statement the ATO said it would be inappropriate to comment on a matter that was before the courts. It said its process and procedures in relation to making Public Interest Disclosures were up-to-date and fully compliant.


"The Commissioner of Taxation undertook an investigation into Mr Boyle which led to charges being laid by the Commonwealth Director of Public Prosecutions (CDPP) alleging a range of breaches of the law," the statement said. "The ATO cannot comment on prosecution decisions, which are made by the CDPP, however, we note that the charges relating to Mr Boyle concern the alleged disclosure of confidential taxpayer information, recording and disclosing tax file numbers, and the use of listening devices." Centre Alliance Senator Rex Patrick says whistleblower policies a sham. Credit:Alex Ellinghausen / Fairfax Media Senator Rex Patrick, whose Centre Alliance party is set to hold two crucial seats in the Senate following last month's election, has become a powerful ally for Mr Boyle. He has called on Attorney-General Christian Porter to use his powers of intervention to halt the prosecution of Boyle on the grounds of public interest. This is a truly tragic and chilling situation for whistleblowers in Australia. Senator Rex Patrick "This is a truly tragic and chilling situation for whistleblowers in Australia," he said. "There’s a very strong message that’s being sent to people inside the ATO – if you blow the whistle, you’re history.".

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