ATO whistleblower Richard Boyle spared convictions, jail sentence
Richard Boyle had argued he should be spared convictions because he was motivated by public interest. (ABC News: Daniel Taylor)
In short:
Whistleblower Richard Boyle has avoided convictions and a jail term after exposing aggressive debt collection practices at the Australian Taxation Office.
The sentencing judge imposed a 12-month good behaviour bond and described his offending as having occurred in "extenuating circumstances".
Mr Boyle thanked a crowd of supporters outside court for their support "over the last six or seven years".
Australian Taxation Office (ATO) whistleblower Richard Boyle has avoided convictions and a jail sentence, seven years after publicly exposing aggressive debt collection practices at the tax office.
The 49-year-old former debt collection officer previously pleaded guilty in South Australia's District Court to four charges, after striking a deal with prosecutors.
After raising concerns about practices internally at the ATO in 2017, he went public with the allegations on the ABC's Four Corners program in 2018.
The allegations included that his area within the ATO was instructed to use heavy-handed tactics on taxpayers who owed the tax office money.
In May, he pleaded guilty to the offences of disclosing protected information to another entity, making a record of protected information, using a listening device to record a private conversation and recording another person's tax file number.
Richard Boyle aired allegations of aggressive debt collection practices on ABC's Four Corners. (ABC News: Simon Goodes)
Judge Liesl Kudelka found for reasons, including Mr Boyle's prior good character and poor mental health — along with a finding that the offending occurred in "extenuating circumstances" — convictions for the offending were not required.
She instead ordered Mr Boyle be subject to a 12-month good behaviour bond.
As Mr Boyle signed the bond, many in the packed courtroom became overwhelmed with emotion.
After signing the bond, he apologised, to which Judge Kudelka responded that his apology was not required.
"It's called the wheels of justice,"she said.
Richard Boyle entered his guilty pleas in South Australia's District Court. (ABC News: Che Chorley)
Whistleblowing 'a tough gig'
In sentencing Judge Kudelka said she accepted that Mr Boyle "genuinely believed that what you were doing was necessary to blow the whistle on conduct at the Australian Taxation Office".
"I find that you engaged in this criminal conduct because you genuinely believed at the time that what you were doing was justified for the greater good," she said.
"However, therein lies the slippery slope."
Judge Kudelka said there was "no room in our society for individuals to be able to take the law into their own hands to dispense their own sense of justice".
She said that by committing his crimes, Mr Boyle was undermining the integrity and accountability of the Commonwealth public sector that he wanted to protect.
There were emotional scenes inside and outside the courtroom after the outcome was delivered. (ABC News: Daniel Taylor)
Judge Kudelka said making a public interest disclosure, or whistleblowing was "well recognised to be in the public interest".
"I think it should also be recognised that making such a disclosure is not an easy, simple or straightforward thing for an individual to do," she said.
"To put it colloquially, blowing the whistle can be a tough gig."
But Judge Kudelka said it must also be made clear that "whistleblowing is not a green light for an individual to commit crimes in the name of what they believe is for the greater good".
"You could have made this public interest disclosure without committing any of these offences,"she said.
Richard Boyle greeted supporters outside court. (ABC News: Daniel Taylor)
Judge Kudelka said she accepted that at the time of Mr Boyle's offending, his mental health was poor for multiple reasons.
"For you, this had become very personal, and all consuming," she said.
As a result, she said it impacted Mr Boyle's decision-making about what he needed to do to make the public interest disclosure.
Judge Kudelka said a psychiatrist had diagnosed him with persistent depressive disorder, and said he had experienced chronic depression and anxiety for a number of years.
She noted that when Mr Boyle gave evidence during civil proceedings his "compromised mental health was palpable".
'Thank you' to supporters
Outside court after Thursday's hearing, Mr Boyle briefly addressed a group of cheering supporters.
"I just wanted to say thank you to all the supporters ... really appreciate everyone over the last six or seven years supporting me and Louise, thank you very much,"he said.
Richard Boyle thanked the crowd for their support. (ABC News: Daniel Taylor)
Mr Boyle was initially charged with 66 offences, but over time, many were dropped.
Over the years since he spoke out publicly, Mr Boyle made several failed attempts to secure immunity from prosecution using whistleblower protections.
He had been scheduled to stand trial later this year, after losing his last chance to secure immunity from prosecution when the High Court refused his application for special leave to appeal.
Mr Boyle had earlier lost an appeal in South Australia's Court of Appeal.
Supporters had also regularly called for the case against him to be thrown out.
Supporters of Richard Boyle gathered outside court before his sentencing on Thursday. (ABC News: Jordanna Schriever)
Outside court, supporter and former senator Rex Patrick said the outcome was a "really small win".
"Richard has suffered for eight years, he's still suffering, this has to end," Mr Patrick said.
"I think justice has been, in a very small way, served today with the no convictions."
Mr Patrick also renewed calls for stronger whistleblower protection laws to be enacted.
"Unfortunately, what we've seen in this prosecution is that there is no leniency available to a court to look at the motives and find a person has acted in the public interest," he said.
Rex Patrick called the outcome a small win. (ABC News: Daniel Taylor)
Attorney-General Michelle Rowland said she was "aware" of today's proceedings.
She said the federal government had already made progress on reforming whistleblower laws.
"The government is committed to a second stage of reforms that will ensure the Commonwealth public sector whistleblowing framework is clear, accessible and fit for purpose," Ms Rowland said.
ABC News director Justin Stevens said the ABC, which reported on Mr Boyle's concerns seven years ago, welcomed the decision not to convict the former ATO debt collector.
He said his case highlighted "the need for whistleblower protections to be strengthened".
"Boyle helped expose systemic abuse of powers by the ATO," Mr Stevens said in a statement.
"His disclosures led to multiple inquiries, including by the Inspector-General of Taxation, which resulted in reforms that have benefited thousands of ordinary Australians and small business owners.
"If it wasn't for whistleblowers such as Richard Boyle coming forward to journalists, there are many important issues affecting people's wellbeing and livelihoods that the public would never know about."