Adelaide ATO debt collector Richard Boyle faces decades in jail for whistleblowing

An Adelaide man faces decades in jail for blowing the whistle on the Australian Taxation Office practices — but a Senator says a report has cleared him.

Federal Attorney-General Christian Porter is being urged to intervene in a case where an Adelaide man faces 161 years in jail for blowing the whistle on the Australian Taxation Office.

ATO debt collector Richard Boyle had his Edwardstown unit raided in April last year after he raised concerns about practices within the office.

A report into ATO practices by Australian Small Business and Family Enterprise Ombudsman Kate Carnell has prompted calls for Mr Porter to intervene.

Centre Alliance SA Senator Rex Patrick said the Ombudsman’s report had vindicated Mr Boyle, who raised concerns staff at the Adelaide office were instructed to seize funds from the bank accounts of taxpayers — who were assessed to owe the ATO money — through garnishee notices regardless of their personal circumstances.

The ATO can issue garnishee notices to third parties, such as a bank or employer, to recoup a tax debt owed by an individual or business.

In April last year Mr Boyle told ABC’s Four Corners that ATO staff in the Adelaide office were “instructed quite clearly and categorically to start issuing standard garnishees on every case”. The claims have been dismissed by the ATO.

Richard Boyle leaves the Adelaide Magistrates Court. Picture: AAP / Kelly Barnes

A report by the Inspector General of Taxation found some anomalies in the Adelaide office but said “these problems were anticipated and addressed by management once they became aware of them”.

The Ombudsman’s report, released yesterday, found in the two weeks following the report its office received 159 requests for assistance and submissions from small businesses in relation to their own experiences with the ATO.

Analysis of the cases found, among other issues, 127 incidences of heavy handed practices. Senator Patrick said: “This prosecution will have a seriously chilling effect on anyone in the public service contemplating a serious public interest disclosure.”

Mr Porter told The Advertiser the power of the Attorney-General to reverse a decision of the Commonwealth Director of Public Prosecutions was only to be used in extraordinary and exceptional circumstances.

“This narrow power has in fact, never been used since it was established 36 years ago,” he said. “It would not be appropriate for me to discuss specific matters of a case which is currently before the courts.”

Mr Boyle could not discuss the case yesterday.

A spokesman from the ATO said it “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.”