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Court Reserves Decision on Convictions for ATO Whistleblower Richard Boyle

Judge Liesl Kudelka reserved her ruling on recorded convictions following prosecutors’ deterrence arguments alongside defence appeals to recognise Boyle’s public-interest disclosures.

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Overview

  • Prosecutors told the Adelaide District Court that Boyle’s privacy breaches warranted recorded convictions to provide general deterrence, even if the prison term were suspended.
  • Defence counsel highlighted Boyle’s moral courage, public-interest disclosures on ABC Four Corners and resulting ATO reform as reasons to avoid recording convictions.
  • Boyle pleaded guilty in May to four charges, including disclosing and making records of protected information and unlawfully recording private conversations.
  • His case spotlights gaps in Australia’s Public Interest Disclosure Act, which lacks clear immunity for preparatory acts like collecting evidence for disclosures.
  • Judge Liesl Kudelka will issue her decision on convictions ahead of Boyle’s formal sentencing on August 28.