Richard Boyle and the ATO

Question 1

Boyle’s allegations

Answer 1

• Internal Disclosure (2017):
  
  • Alleged toxic culture within the ATO
  • Staff instructed to use garnishee notices without notice or consideration of personal circumstances
• Inspector General of Taxation (2017):
  
  • Boyle took his complaint to this body after the ATO rejected his disclosure
• Media Leak (April 2018):
  
  • Boyle disclosed information to The Age, The Sydney Morning Herald, and ABC’s Four Corners
  • Cited an email from an ATO team leader urging staff to issue garnishee notices in the “last hour of power”

Question 2

Boyle’s charges

Answer 2

• Initial Charges (January 2019):
  
  • 66 offences including photographing protected information, disclosing protected information, and unlawfully using listening devices
• Reduced Charges:
  
  • The number of charges was later reduced from 66 to 24 by the DPP

Question 3

Boyle’s trials and appeals

Answer 3

• March 2023:
  
  • Boyle lost a legal attempt to be granted immunity under whistleblower protections
• June 2024:
  
  • Boyle lost an appeal in the South Australian Supreme Court to secure immunity from prosecution under state protection laws
  • His case is expected to return to the District Court for trial in September 2024, where he could face up to 46 years in prison if convicted

Question 4

Public Information Disclosure Act

Answer 4

• Purpose:
  
  • Enacted in 2013, commenced in January 2014
  • Framework for reporting suspected wrongdoing in the Commonwealth public sector
  • Aims to support and protect individuals making disclosures
• Definition of ‘Disclosable Conduct’:
  
  • Contravention of the law, corruption, perverting the course of justice, maladministration, abuse of public trust, falsifying scientific research, wastage of public money, and conduct posing a danger to health, safety, or the environment