Judge refuses to make ruling in case of ATO whistleblower Richard Boyle without hearing facts

A District Court judge has refused to make a ruling in the case of ATO whistleblower Richard Boyle without first hearing the facts.

Richard Boyle outside court after an earlier court appearance in 2019. AAP Image/Kelly Barnes

A judge has refused to rule on a question of law in the case of ATO whistleblower Richard David Boyle – who is claiming he should be immune from prosecution – without first hearing the facts of the case.

Parties in the case of former tax office employee Boyle, 46, of Edwardstown, appeared in the District Court civil jurisdiction on Tuesday to determine whether he is protected by the Public Interest Disclosure Act.

Mr Boyle publicly raised concerns about heavy-handed debt collection tactics in the Adelaide ATO office after initially raising them internally.

He is facing 24 charges including multiple counts of making a recording of protected information and using a listening device to overhear, record or listen to a private conversation.

He is set to stand trial in the criminal jurisdiction in October next year, but his claim for immunity against being prosecuted under the Public Interest Disclosure Act is first being determined in the civil jurisdiction.

Counsel for both parties had asked Judge Kudelka to make a ruling on a particular section of the Act, but she refused to do so without hearing the facts of the case.

“Neither of you have put to me a factual basis on which I could possibly perform that task,” she said.

“In the absence of facts, that is an extraordinary submission to make, that a court is being asked to construe a statutory provision without any regard to the facts of this case.”

She told the lawyers they could “have a crack” at preparing a statement of agreed facts about the case, but said she may not necessarily accept them.

The civil case is the first of its kind in Australia and is expected to be instrumental in determining the effectiveness of the country’s whistleblower protections.

The Human Rights Law Centre has repeatedly called for the case against Mr Boyle to be dropped.

The case is continuing.