The South Australian courts have lifted suppression orders that would have stymied the media’s ability to report on a landmark case launched by tax office whistleblower Richard Boyle.
The decision, which follows an intervention by Guardian Australia, paves the way for media to more freely report on the first major test of Australia’s whistleblowing laws, which will likely have significant consequences for the protections available to others who speak out about government wrongdoing.
Boyle, an Adelaide-based tax office employee, blew the whistle in 2018 on his agency’s aggressive use of extraordinary garnishee powers to claw back debts from taxpayers and businesses, which devastated small businesses and destroyed livelihoods.
Boyle is now facing 24 charges, including the alleged disclosure of protected information and unlawful use of listening devices to record conversations with other ATO employees. He faces a potentially lengthy term of imprisonment if convicted.
Boyle has taken the unprecedented step of invoking Australia’s whistleblower protections to shield himself against prosecution.
It is the first time the Public Interest Disclosure Act has been used in such a way, and Boyle’s case is widely regarded as a major test of the nation’s whistleblower laws, which are already overdue for reform.
Last month, after Guardian Australia and other outlets requested access to documents in the case, commonwealth prosecutors sought suppression orders, which would have hindered the ability to report on the whistleblower case.
Prosecutors argued such reporting would have prejudiced Boyle’s criminal trial, should it proceed.
Guardian Australia, represented by Stephen McDonald SC, intervened to argue the suppressions were too broad and unnecessarily infringed on the principles of open justice.
District court judge Liesl Kudelka on Friday decided to revoke the existing suppression order and grant access to key documents supporting Boyle’s case.
She did so after Boyle indicated he opposed the making of the suppression order.
The PID Act hearing is expected to begin on 4 October in Adelaide.
Labor has publicly committed to overhauling the PID Act, though the scope of those reforms are not yet clear.
