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Court lifts suppressions in whistleblower Richard Boyle case
Christopher Knaus
The court has lifted suppressions that would have stymied the media’s ability to report on a landmark case launched by tax office whistleblower Richard Boyle following an intervention by the Guardian.
In 2018, Boyle blew the whistle on the Australia Taxation Office’s use of extraordinary garnishee powers to claw back debts from taxpayers and businesses, first speaking out internally, before approaching the ABC and Fairfax.
He is now facing 24 charges, including the alleged disclosure of protected information and unlawful use of listening devices to record conversations with other ATO employees, and faces a potentially lengthy term of imprisonment if convicted.
Boyle has taken the unprecedented step of invoking Australia’s whistleblower protections to shield himself against prosecution.
It is the first time the Public Interest Disclosure act has been used in such a way, and Boyle’s case is widely regarded as a major test of the nation’s ability to protect whistleblowers.
Last month, after the Guardian and other outlets requested access to documents in the case, commonwealth prosecutors sought suppression orders, which would have hindered the ability to report on the whistleblower case. It argued such reporting would have prejudice Boyle’s criminal trial, should it proceed.
Guardian Australia intervened, arguing the suppressions were too broad and unnecessarily infringed on the principles of open justice.
District court judge Liesl Kudelka on Friday decided to lift the suppressions and grant access to key documents outlining Boyle’s case. She did so after Boyle indicated he opposed the making of the suppression orders.
The decision paves the way for other media to report on the landmark PID act case brought by Boyle, which is set to begin on 4 October.
Key events
An evacuation order has been issued for anyone at the Western Plains Tourist Park in Dubbo amid rising flood waters.
Court lifts suppressions in whistleblower Richard Boyle case
Christopher Knaus
The court has lifted suppressions that would have stymied the media’s ability to report on a landmark case launched by tax office whistleblower Richard Boyle following an intervention by the Guardian.
In 2018, Boyle blew the whistle on the Australia Taxation Office’s use of extraordinary garnishee powers to claw back debts from taxpayers and businesses, first speaking out internally, before approaching the ABC and Fairfax.
He is now facing 24 charges, including the alleged disclosure of protected information and unlawful use of listening devices to record conversations with other ATO employees, and faces a potentially lengthy term of imprisonment if convicted.
Boyle has taken the unprecedented step of invoking Australia’s whistleblower protections to shield himself against prosecution.
It is the first time the Public Interest Disclosure act has been used in such a way, and Boyle’s case is widely regarded as a major test of the nation’s ability to protect whistleblowers.
Last month, after the Guardian and other outlets requested access to documents in the case, commonwealth prosecutors sought suppression orders, which would have hindered the ability to report on the whistleblower case. It argued such reporting would have prejudice Boyle’s criminal trial, should it proceed.
Guardian Australia intervened, arguing the suppressions were too broad and unnecessarily infringed on the principles of open justice.
District court judge Liesl Kudelka on Friday decided to lift the suppressions and grant access to key documents outlining Boyle’s case. She did so after Boyle indicated he opposed the making of the suppression orders.
The decision paves the way for other media to report on the landmark PID act case brought by Boyle, which is set to begin on 4 October.
Residents in northern Victoria told to move to higher ground due to flooding
In Victoria, residents on the Murray River downstream of Tocumwal to Barham are being urged to move to higher ground amid a moderate flood warning.
There is also a moderate flood warning in place for Seven and Castle Creeks at Euroa.
Meanwhile, a minor flood warning has been issued for parts of the Macquarie River and the South Esk River in Tasmania.
The BoM warned moderate flooding was possible at Fingal and Lewis Hill from this evening. Minor flooding downstream at Llewellyn and Perth was predicted for this weekend.
Experts optimistic the end of Covid-19 pandemic is in sight
Public health experts are increasingly optimistic the end of the Covid-19 pandemic is in sight, AAP reports.
The World Health Organization has advised the pandemic could soon be over, with the weekly number of global deaths continuing to decline.
Epidemiologist Prof Tony Blakely told the ABC it felt like the end.
We are in a much better position now. We have a lot of immunity from vaccines and natural infection. If we don’t see anything much different from Omicron come along in the next six months or so, I think we are looking pretty good.
Prof Jane Halton, who chairs an association called the Coalition for Epidemic Preparedness Innovations, said while Covid-19 deaths were underestimated, the numbers were looking positive.
Halton said while the virus was unpredictable, it was “amazing” that almost two-thirds of the global population had been double vaccinated.
If we don’t see another particularly nasty variant I think people will be feeling quite optimistic.
But independent MP Monique Ryan is concerned the federal government has moved too quickly to change virus rules.
Ryan, who was the neurology director at Melbourne’s Royal children’s hospital before entering parliament, wants a national summit on Covid-19 to discuss a plan in the event of increased infections and pressure on hospitals.
The latest national data on Covid-19 cases and deaths is being progressively this afternoon. It is the first time the figures are released on a weekly rather than daily basis.
Labor MP accuses RBA of making decisions based on ‘outdated and outmoded data’
Josh Butler
Labor MP Jerome Laxale has accused the Reserve Bank of “using outdated and outmoded data” when making decisions on interest rates, claiming the central bank was ignoring renters.
My colleague Peter Hannam has been covering the parliament’s economics committee hearing all day (you can read through his coverage through a story and blog posts below) but afterwards, committee member Laxale was critical of the RBA’s answers on interest rates and renters.
In a press release titled “RBA Ignores Renters as rates set to rise again”, Laxale – the first-term member for Bennelong – noted that the bank “admitted that they did not undertake dollar-by-dollar analysis on the impact of rate rises on those in the private rental market”.
Pointing to comments from the RBA governor, Phil Lowe, that interest rate rises were only having a marginal impact on rental prices, Laxale noted rent prices were rising quickly, and said the RBA needed to “drastically shift its analysis and decision-making process as our housing market evolves”.
How can the Reserve Bank make accurate decisions on whether or not to raise rates, when they are ignoring upwards of 45% of those in the housing market?
Today’s admission proves that the data underpinning the Reserve Bank’s decision-making process is flawed and that families could unnecessarily be bearing the brunt of existing and future interest rate rises.
Laxale called on the bank to do “immediate and comprehensive analysis” on how rate rises were hurting renters.
RBA governor says interest rates all but certain to rise in October
The Reserve Bank of Australia is all but certain to raise interest rates in October – its sixth hike in a row – the RBA governor, Philip Lowe, told a parliamentary committee today.
And banks are already taking stock.
Some banks have tweaked their forecasts for rate rises after today’s RBA/economics committee hearing. Based on their projected increases to next February, here’s how much more people will pay on their mortgages (depending on who’s most accurate) by then. Source: @RateCity pic.twitter.com/aXDfEWlb3h
— Peter Hannam (@p_hannam) September 16, 2022
You can read the full wrap from Peter Hannam here:
High court to hear First Nations renters’ case for government compensation over substandard housing in NT
A small First Nations community in the Northern Territory has been granted leave by the high court, in a case which could have legal ramifications for Australian renters and landlords.
The court has agreed to hear First Nations renters’ case for compensation from the Northern Territory government. It will decide whether compensation is available for distress or disappointment suffered as a result of remote, dilapidated housing.
It’s the latest in a movement that began in 2016 for Enid Young, an elderly Eastern Arrernte woman from Ltyentye Apurte (Santa Teresa) in the remote Northern Territory. Young spent more than five years with an empty external doorframe to her property.
The case brought by Young and other residents of Ltyentye Apurte requesting urgent repairs was first heard at the NT Civil and Administrative Tribunal in 2018.
It then went to the NT supreme court and the NT court of appeal where the NT government argued against the standard of “humane” housing set by a NT Supreme Court Justice.
Dan Kelly, solicitor at Australian Lawyers for Remote Aboriginal Rights, said:
The court of appeal found the NT government has a legal duty to provide people with a standard of housing that is not only safe, but reasonably comfortable, judged against contemporary standards.
North-eastern Tasmanians told to be prepared to evacuate after flood warning
Tasmania SES is urging people in north-eastern parts of the state to monitor weather conditions closely and be prepared to evacuate following the issuing of a flood advice warning for the St Marys area.
Large rainfall totals up to 64mm were recorded overnight and into today.
State flood controller Leon Smith said:
The South Esk River is expected to reach minor to moderate flood levels and flooding is expected to occur at St Marys.
The SES has recently issued an advice warning for the St Marys area due to rises in the St Marys Rivulet, and we have deployed crews to the area who are ready to respond if needed.
Rivers and creeks in the northeast and east are predicted to continue to rise into the afternoon before easing over the coming days. If you live in the South Esk, St Paul’s and Break O’Day River areas near Fingal, as well as the St Marys Rivulet you should monitor conditions and prepare now.
If you have a flood emergency plan you should check it, so you know what to do if a flood occurs.
In some frankly weird news, the Wiggles have teamed up with the Socceroos, following that win which saw Andrew Redmayne shoot to fame by helping to lead the club to the World Cup as goalkeeper in a penalty shootout.
Here is Redmayne doing his weird little football dance:
Many thanks to the equally marvellous Natasha May for guiding us through another day of news. I’ll be with you for the rest of this fine Friday – coming live from my sunny backyard.
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