Richard Boyle Loses Appeal for Immunity in South Australia's Supreme Court

In a significant legal development, Australian Taxation Office (ATO) whistleblower Richard Boyle has lost his appeal for immunity from prosecution under whistleblower protection laws in South Australia's Supreme Court.

Mr. Boyle, a former ATO debt collector, is currently facing 24 charges, including the recording and disclosing of protected information. If convicted, he could face a prison sentence of up to 46 years.

The legal battle began in March of the previous year when South Australian District Court Judge Liesl Kudelka ruled that Mr. Boyle was not entitled to immunity from prosecution under existing whistleblower protections. This ruling was upheld on Wednesday by a unanimous decision from Justices David Lovell, Samuel Doyle, and Sophie David. An interim suppression order has been placed on the reasons behind the judgement.

The case is expected to return to the District Court, with Mr. Boyle likely to stand trial in September.

Outside the court, former senator Rex Patrick highlighted the potential for an appeal to the High Court, a decision that will be considered by Mr. Boyle's legal team.

A spokesperson for Attorney-General Mark Dreyfus reaffirmed the government's commitment to robust whistleblower protections, stating, "Given the matter is before the courts, it is not appropriate to comment on this case."

The spokesperson also noted recent legislative efforts to enhance whistleblower protections, saying, "In June last year, the Parliament passed priority amendments to the Public Interest Disclosure Act, ensuring immediate improvements to the public sector whistleblower scheme were in place in time for the commencement of the National Anti-Corruption Commission."