Former Australian Taxation Office debt collector Richard Boyle has lost his appeal against a finding that he was not immune from prosecution under existing whistleblower protections.

Boyle had sought to rely on the Public Interest Disclosure Act, the whistleblowing law for public servants, to shield him from a criminal trial. He applied for a declaration from the South Australian District Court that he was immune from prosecution.

The PID laws shield a person who makes a “public interest disclosure from any civil, criminal or administrative liability (including disciplinary action)” for making the disclosure.

The matter will likely now go back to the District Court where Mr Boyle is expected to face trial in September. 

If convicted, Mr Boyle could face up to 46 years in prison.

Comments from Ms Lydia Shelly President, NSW Council for Civil Liberties

The finding that Boyle’s whistleblowing does not attract protection raises concerns that the existing protection laws for whistleblowers are ineffective.

The Council acknowledges the serious consequences for whistleblowers who disclose classified information in their quest to hold those in power to account in the public’s interest.

The Council has long standing concerns that criminal prosecutions of potential or actual whistleblowers will create a chilling effect on individuals disclosing information which is in the public interest.

Historically, whistleblowers have played an important role in functioning and healthy democracies. Many egregious misuses of power have been brought to the surface by the courageous actions of whistleblowers and have shaped the social, cultural and legal responses not only of our nation, but by the international community.

The criminal prosecution of potential and actual whistleblowers raises serious questions regarding Australia’s transparency and culture of accountability, as well as the role of individual citizens being important safeguards of our democracy.

Under existing laws, whistleblowers remain vulnerable to criminal prosecutions and serious consequences if they disclose classified information.

If our country is to remain committed to being a functioning and healthy democracy, our legislators must grapple with the role that whistleblowers play within a democracy, (even when it is politically unpopular to do so) as well as the extent that legal protections are afforded to them.