Tax office whistleblower in negotiations for plea deal

Taxation Office whistleblower Richard Boyle is negotiating with prosecutors, AAP understands. (David Mariuz/AAP PHOTOS)

Whistleblower Richard Boyle is believed to be negotiating with prosecutors over a plea deal that may allow him to escape conviction.

Boyle is being prosecuted after exposing unethical debt recovery practices at the Australian Taxation Office and charged with offences relating to collecting evidence.

The 24 offences include allegedly making illegal recordings of conversations and making copies of sensitive information.

He faces decades behind bars if convicted.

His legal team is hoping to reach a deal with the Commonwealth before the case is due to return to the South Australian District Court in February 2025, AAP understands.

Man and Woman walking to court
Richard Boyle is being prosecuted after exposing unethical debt recovery at the Taxation Office.

Failing this, no prison time could also be sought.

Boyle's push to be covered under public disclosure laws fell over after the court ruled he was not immune from prosecution.

The High Court then declined to hear his appeal.

Boyle first raised his concerns through internal tax office processes, then made a complaint to the tax ombudsman before taking part in a joint media investigation.

Transparency advocates have called for his prosecution to be dropped, saying it was bad for democracy and discouraged others from coming forward with allegations of wrongdoing. 

It was wrong Boyle, whose accusations exposed serious wrongdoing, was being prosecuted not for public whistleblowing but for gathering evidence before making an internal complaint, according to the Human Rights Law Centre.

The prosecution had demonstrated significant issues and uncertainties in Australian whistleblower protection legislation, the centre's associate legal director lawyer Kieran Pender said.

He called for Commonwealth whistleblower protection reforms. 

The attorney-general is considering further whistleblower protections.

Boyle was charged in 2019 after making an initial internal complaint in October 2017.

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