Richard Boyle, who exposed serious misconduct in the Australian Taxation Office, lost his appeal on June 19 to be protected under whistleblower laws.
Boyle was appealing聽a finding that he was not immune from prosecution under the Public鈥疘nterest Disclosure Act (PID), the whistleblowing law for public servants.
But the South Australian District Court ruled that he was not immune from prosecution in a criminal trial.
PID is supposed to shield a person who makes a 鈥減ublic interest disclosure from any civil, criminal or administrative liability (including disciplinary action)鈥澛爁or making the disclosure, the New South Wales Council for Civil Liberties (NSWCCL) said.
The matter will likely now go back to the South Australian District Court, where Boyle is expected to face trial in September. He could go to jail for up to 46 years, if convicted.
NSWCCL President Lydia Shelly said the ruling means that 鈥渢he existing protection laws for whistleblowers are ineffective鈥.
She said whistleblowers face serious consequences for disclosing classified information in their quest to hold people in power to account.
鈥淭he Council has long standing concerns that criminal prosecutions of potential or actual whistleblowers will create a chilling effect on individuals disclosing information which is in the public interest.鈥
Whistleblowers play an 鈥渋mportant role鈥 in democracies, she said, as 鈥渕any egregious misuses of power have been brought to the surface by the courageous actions of whistleblowers鈥.
She said the 鈥渃riminal prosecution of potential and actual whistleblowers raises serious questions regarding Australia鈥檚 transparency and culture of accountability鈥 as well as the role individual citizens play in helping safeguard democracy.
Attorney-General Mark Dreyfus has the power to end Boyle鈥檚 prosecution, but so far has chosen not to.
Greens Senator David Shoebridge said on X on June 19: 鈥淩ichard Boyle blew the whistle internally on harsh tactics to target individual taxpayers, and when he was ignored he went to 4Corners. His whistleblowing has been thoroughly vindicated yet he is the one facing prison!鈥
He said Dreyfus must 鈥渋ntervene to drop the prosecution and to commit to urgently creating a whistleblower commission鈥.