NSI Act safeguards could prevent more secret trials, human rights lawyers say
NSI Act safeguards could prevent more secret trials, human rights lawyers say
04 May 2021 • By Naomi Neilson Share
A suite of new recommendations addressing secrecy trials could put an end to cases taking place entirely behind closed doors while ensuring the Commonwealth sticks to its fundamental democratic principle of open justice, a senior lawyer submitted.
In submissions to the Independent National Security Legislation Monitor (INSLM), the Human Rights Law Centre (HRLC) has called for urgent reform of the
National Security Information (Criminal and Civil Proceedings) Act 2004 (
NSI Act) to prevent any future secret trials from taking place behind closed doors in Australia.
ATO whistleblower Richard Boyle. Source: AAP/ Kelly Barnes.
Any hopes that the government was quietly backing away from its war on whistleblowers have been dashed after the Commonwealth signalled it would push ahead with the prosecution of Australian Tax Office (ATO) whistleblower Richard Boyle.
Boyle is facing life in prison for his role in exposing unethical debt collection practices inside the ATO. Three external reviews corroborated many of Boyle’s concerns.
The Commonwealth signalled it may walk away from the case in March, but told a hearing on Thursday it would instead push ahead with the charges.
“This is a deeply disappointing development,” Human Rights Law Centre senior lawyer Kieran Pender told
Pender said the case showed the urgent need for reform of Australia’s whistleblowing laws.
“The fact someone can be threatened with 160 years’ prison for exposing misconduct in the tax office highlights an urgent need for change,” he said.
Independent senator Rex Patrick was at court on Thursday in support of Boyle.
“I am proud to stand beside him in support. He is a hero,” he told the Guardian.
Patrick has begun discussions with the attorney general, Michaelia Cash, to express his strong view that it was not in the public interest to prosecute whistleblowers.
“The attorney’s attention has been drawn to the issue and this may well be her big first test,” he said.
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