Three-week trial date set for alleged ATO whistleblower Richard Boyle

The trial date has been set for an Adelaide man facing criminal charges for blowing the whistle on what he says were intimidating debt collecting tactics at a government department.

A South Australian man who blew the whistle on alleged “intimidation tactics” used by the Australian Taxation Office in debt collecting procedures is now headed for a criminal trial and will take the stand to clear his name.

In the South Australian District Court on Monday morning, former ATO employee Richard Boyle heard his criminal charges would be taken to trial at the end of next year.

Mr Boyle, a former ATO debt collector, had his Edwardstown home raided in April 2018 after expressing concerns about practices in the Australian Taxation Office, and telling ABC’s Four Corners staff in Adelaide had been instructed to “start issuing standard garnishees on every case.”

A garnishee notice is used by the ATO to deduct money from a third party who owes money or is holding money for a debtor, like an employer or super fund, to recover owed money.

Richard Boyle speaks to supporters after his trial date is set. Picture: Izzy McMillan

The charges he now faces include six counts of making a record of protected information by a taxation officers, seven counts of using a listening device to overhear, record or monitor, two counts of disclosing protected information, six counts of attempting to disclose protected information and two counts of attempting to divulge or communicate another person’s tax file.

He pleaded not guilty to those charges in September 2020.

In court on Monday, Judge Liesl Kudelka reluctantly set a three-week trial date in November next year, but said she didn’t see a reason why the trial would take that long to hear.

The prosecutor told the court the three weeks would be needed, and Mr Boyle stood and shared his intention to give evidence.

“It will be that long as I intend to take the stand,” he said.

“I’m just not believing that it will take three weeks, knowing the issues,” Judge Kudelka said.

“But I’ll list it for three weeks at this stage, and that’s one of the issues that we can address at the pre-trial conference because I’m not listing a three-week trial in November if it’s just not going to be three weeks.

“I need counsel to properly discuss this matter, both in terms of possible resolution and also in terms of witnesses that are required and the length of the trial, and I want counsel from both sides ready to address me on that in December.”

In March last year, the court dismissed an application made by Mr Boyle that his case be dismissed on the basis that his actions were protected as a whistleblower under the Public Interest Disclosure Act.

Richard Boyle speaks to supporters after his trial date is set. Picture: Izzy McMillan

Section 10 of that Act states that an individual who makes a public interest disclosure is “not subject to any civil, criminal or administrative liability (including disciplinary action) for making the public interest disclosure.”

Mr Boyle’s lawyers had argued the lack of protection for whistleblowers while both collecting the evidence and disclosing wrongdoing would discourage others from speaking out in the future, and said Mr Boyle should be covered from prosecution of acts of collecting evidence under the Act.

However, Judge Kudelka found that Mr Boyle was not protected by this section, in part due to the fact he failed to disclose evidence he’d collected at the time he shared his public interest disclosure to an internal recipient within the ATO.

The Full Bench of the Supreme Court dismissed his appeal in June 2024 and last week Mr Boyle’s application for special leave to appeal to the High Court was rejected.

He will return to court next month.

Outside, supporters gathered, held signs and chanted ‘drop the charges’.

Speaking to his crowd, Mr Boyle said he would not speak about the upcoming trial, but said he was trying to spark change.

“I’m trying to start something. I’ve talked about nonviolence, about compassion and kindness, and I think we need a revolution in truth telling and a revolution in kindness,” he said.

“I will not submit to abuse by the state. What these people are doing to me is absolutely abhorrent and shameful.”

Originally published as Three-week trial date set for alleged ATO whistleblower Richard Boyle