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Self Employed Australia

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Self-Employed Australia

Tax bureaucrats try to sneak one through

January 18, 2022 by Self-Employed Australia

robertWho runs Australia? Is it the politically accountable politicians elected through the democratic process? Or is it the unidentified, unelected, bureaucrats who hide behind closed doors?

A situation happening now indicates that at least some Commonwealth bureaucrats think they run the country and democracy can go jump!

In the April budget last year, the Morrison government announced that the Tax Office would no longer be able to collect a small business tax debt while in dispute and under appeal. That’s a damn good policy move for tax fairness.

robertThe Small Business Minister stated in Parliament:

“We are backing small business in over the ATO. No longer will the ATO be able to garnishee and takeaway while the dispute is in train …”

A recording of the Ministers statement in Parliament can be viewed here  (23 sec)

A key job of the Commonwealth Treasury department is to draft legislation that puts government policy into effect. Last week, nine months after this very clear policy statement, Treasury released draft legislation that does the opposite of what the government promised. (See here and here.)

The draft legislation would not automatically stop the ATO collecting on a disputed debt. It would force a taxpayer to apply to the Administrative Appeals Tribunal (a very expensive process) for a pause. And a taxpayer would have to prove that their application did not “restrict …administration of tax law…” In our view this is a sneaky bureaucratic way of killing off the Morrison government’s attempt at small business tax fairness.

Yesterday we lodged a submission condemning the draft law and calling for it to be put in the trash bin. Here’s our submission (3 pages).

Robert Gottliebsen in The Australian took the same view with the headline ‘Tax bureaucrats try to sneak one through.’

Why ‘sneaky’? The draft legislation was released for ‘consultation’ on 12 January, smack bang when most people are on holidays, and during the height of the Djokovic mess and while the government was/is handling supply chain and other Covid ‘crisis’ issues. And Treasury has given only seven days for responses. The draft legislation is short and tax bureaucrats have had nine months where they could have done something. Looks sneaky? Probably is sneaky!

We’ve said in our submission:

The job of Treasury is to faithfully draft legislation that accurately reflects the government’s policy intent … we submit that this draft legislation undermines the government’s policy intent and the process of democracy in Australia.

We’ve made it clear what the legislation should look like.

Normally we admire the professional integrity of the Australian public service and their respect for the democratic process. This situation is a dark smudge on that professional integrity.

Filed Under: News Updates, Rule of law, Self-employment, Tax Reform, Taxation

Covid ‘rebels’ and the Eureka Stockade

January 5, 2022 by Self-Employed Australia

eureka-stockadeThere’s a band of people who see themselves as the ‘keepers’ of the Eureka Stockade tradition, and they are much miffed by anti-Covid lockdown protesters who wave the Eureka flag. The ‘miffed’ are principally unionist, republicans, and avowed leftists who hold that their causes shine bright under Eureka’s Southern Cross. To them, lockdown protesters are engaged in the theft of (their) sacred symbol.

But there are parallels between the Eureka rebellion and the anti-lockdown protests that give the current-day protesters some justification for flying the Eureka flag.

Eureka The Unfinished Business by Peter FitzSimons gives a highly detailed account of the ‘massacre’ (the term used by the Melbourne media at the time) just after dawn on Sunday, 3 December 1854. Some 30 ‘diggers’ were killed in a brutal 20-minute attack by colonial soldiers against the Eureka Stockade at Ballarat. Soldiers fell along with unknown other diggers – potentially several hundred – that died subsequently from horrendous wounds.

The seeds of the massacre were laid some short 20 years earlier when Melbourne was founded by a near lone explorer, John Batman. The ‘village’ and Victoria exploded in population to some 250,000 after gold was discovered in 1851 – not just ‘gold’ but massive nuggets were literally sitting under the soil, easily picked up by the lucky finder.

The Victorian colonial government appointed from London had a degree of local parliament, but the representatives were elected only by landholders (squatters). These lucky first settlers of Victoria had received huge land grants from the government, paid a small annual rent to the government, then acquired wealth on the back of wool and related grazing activity. These 4,000-or-so elite individuals were effectively a social and political nouveau riche aristocracy.

The gold rush induced not only a huge immigrant population explosion, but a rush of squatters’ workers and every other type of worker to leave their jobs for the lure of riches in the goldfields. The colonial government faced a big revenue shortage and so imposed a monthly mining levy on every goldfield digger whether the digger had found gold or not.

This levy, often violently enforced by the police, was the core reason for the Eureka revolt. Their ‘revolutionary’ theme was ‘no taxation without representation’.

The Eureka revolt is a symbol for some modern Australian republicans because some diggers, mainly Irish, added a republican agenda to the diggers’ cause. This divided the diggers.

Karl Marx himself, who wrote his Communist Manifesto in 1848, showed great interest in the diggers’ 1850s rebellion. In 1855 Marx opined that the rebellion was the workers’ proletariat rising up against the ruling bourgeoisie just as he predicted. This was enough for today’s political Left to grasp Eureka as their symbol of the inevitability of the workers’ revolution.

It was out of this Marxist idea of the endless struggle of the workers versus the bosses (however defined) that was – and remains – a central idea of the Australian union movement and the Australian Labor Party. As the primary funders and factional controllers of the ALP, Australian unions fly and display the Eureka flag at all opportunities.

But here’s where the truth of Eureka breaks from the symbolic myth and connects to the Covid ‘rebels’, particularly in Victoria.

The diggers were self-employed. They were ‘workers’ and ‘bosses’ all in one. This shatters the Marxist, Leftist, unionist myth. The Eureka revolution arose from ‘workers’ who deserted their ‘bosses’ to become their own bosses. They took their luck in the marketplace of gold prospecting. Their revolution was against the bureaucratic government elite who sought to (and did) distort their free market, thereby creating massive harm. The elite cared not for the harm they did.

Likewise the Covid ‘rebels’ are drawn heavily from the ranks of the self-employed. Under Covid, self-employed and small business Victorians have carried the financial burden, with some pushed into comparative poverty. These are the people most damaged by the world’s longest and harshest Covid lockdown – all staged in Victoria.

Look at the Victorian ‘revolution’…

Construction workers massed against and attacked their own union. A huge police presence was needed to protect the union ‘bosses’ in their Elizabeth St Melbourne citadel. Repeated weekend after weekend, huge but peaceful (even polite) rallies stretched from the gold rush funded Victorian Parliament House to the end and beyond of the 3 km Bourke St main city strip. Drone footage interposed with computer analysis put crowd numbers around some 120,000 at its peak.

And where do these Covid rebels come from? Mobile phone tracking analysis identifies the bulk of them from Melbourne’s outer ring of suburbs. These are the homes of the mortgage strugglers and low-income earners, says the analysis. They are heavily the self-employed hairdressers, personal trainers, tradies, and more.

These are the people who’ve carried the financial burden of the Covid lockdowns. Anyone on the financial teat of a heavily indebted, harsh, authoritarian Victorian Covid government has financially sailed through. Here is where the Covid government played the politics of dividing the community; to oppose the Covid policies was – and is – to be considered as scum.

Such was the story also of colonial Victoria. The Colonial Governor ran the line that the Eureka rebels threatened the very safety of the colony and the population.

Both the colonial and Covid Victorian governments resorted to harsh, even brutal police action. The Eureka Stockade massacre was the end product of increasingly brutal police tactics in enforcing the diggers’ licence. The firing of rubber bullets by Victoria’s anti-terrorists squad into the backs of fleeing Covid demonstrators was the end product of months of police activity arresting demonstrators for not ‘locking down’.

In 2020, Victoria police arrested a pregnant mother for ‘sedition’ because she expressed her anti-Covid policy opinion on Facebook. Thirteen of the Eureka ‘rebels’ were likewise charged with sedition and High Treason. All 13 rebels were found not guilty at trial. Common to both the colonial and Covid Victorian governments was the affront they took toward anyone seen to be defying their authority.

Sedition is the ‘crime’ of inciting people to rebel against authority. So obsessed were both governments with enforcing their authority that they blinded themselves to their own massive mismanagement that caused the defiance.

The colonial Governor repeatedly insisted on enforcing the diggers’ licence even after many deputations warned him of the consequences. The ‘Covid Premier’ Daniel Andrews oversaw a months-long disastrous hotel quarantine program that lead to 801 deaths and then reacted by imposing the world’s harshest and longest lockdown.

The Victorian Colonial Governor’s own inquiry found that it was the government’s maladministration caused the Eureka disaster. Similarly, the Victorian Covid government’s inquiry also found that it was government maladministration of hotel quarantine that lead to the initial wave of 801 deaths in 2020.

It is these similarities between the Eureka and Covid rebellions that stand out most in giving the Covid ‘rebels’ the right to wave the Eureka flag. Such similarities overpower unions, Leftists, and republicans who also claim a right to use the flag.

In 2004, on the 150th anniversary of Eureka, Eureka author John Molony stated, ‘Democracy is much more than a system. It is an ideal and a spirit born day by day in those who believe in it.’ How true.

Perhaps it is a strange quirk of Australian history that the core of both the Eureka and Covid rebellions is in Victoria. The starkest reason is that with Eureka and Covid, the Australian state with the harshest, most authoritarian, unyielding, manipulative, and even violent government occurred in Victoria. Strange indeed.

The Colonial Governor and government had a military victory in crushing the Eureka rebellion. Within a short year or so the government’s authority amongst the people had crashed and the Governor resigned. By 1859, along with a wave of democratic reform, Victoria had the vote for all males in a new Legislative Assembly. (Women had to wait another 50 years!) But the dominance of the landed elite was suppressed, spelling the death of a looming landed gentry class.

The Victorian Covid government seemingly won the lockdown battles of 2020-21. But history is yet to play out as to whether their authoritarianism prevails over a living day-by-day democracy.

Filed Under: Campaigns, Covid-19, Eurerka, Self-employment

Xmas is here—Goodness. A quick update and Season’s Greetings!

December 22, 2021 by Self-Employed Australia

seasons's-greetingsSuddenly Xmas is upon us. What a year!  Season’s Greetings to all our members and followers! We wish you the very best for a ‘non-lockdown,’ ‘sudden rules change’ Xmas and holiday season.

Here’s a quick pre-Xmas update for you on our two main campaign activities.

Victorian Government OHS prosecution campaign

The fund-raising response has been outstanding. We’re looking solid in achieving our funding target for the legal campaign. We try and ring people to say thanks for contributions but the numbers have become a bit overwhelming. Please accept our thanks if we haven’t rung you.

The funding is so solid that we’ve started the process of spending serious money on lawyers. The full legal team had a long and highly productive Zoom conference early last week. Tasks have been allocated, research into the finer details of legal issues is occurring, and preparation of court papers has begun. We’ll keep you updated during January. I won’t go into the details at this stage.

We’ve had quite a few queries around the fact that WorkSafe is prosecuting the Victorian Health Department and what this means. I’ve prepared another short video explaining that the prosecution of Health doesn’t change the fact that individuals also need to be investigated with a view to prosecution.

Here’s the YouTube video:

NATL

Reform of the Australian Taxation Office

Our decade-long campaign to reform the ATO rules governing how it is required to treat small businesses continues. Yes, we’ve been on this case for 10 years. Yes, we are persistent.

Here’s the ABC coverage of what we’re seeking:

Helen

You’ll be pleased to hear that we are in discussions with the ATO on our Taxpayers Rights Agenda based on the USA model for regulating the IRS. The ATO is showing genuine interest and seems to want to understand. That’s good. We’ll continue the discussions.

Other major issues

  • The new Federal ‘pay on time’ laws are now in full implementation. This is hugely important for small business people and a great Xmas present. We’ll provide some updates in the New Year.
  • The beefing up of Unfair Contract laws is slower than we’d like. The new Federal Bill has across-the-board support but seems to be caught up in an overloaded Parliamentary backlog of Bills. We hope it proceeds before the next Federal election. We’ll certainly push for this.

So again. Season’s Greetings to everyone. Let’s all trust that planned holidays, long overdue family gatherings and some well-deserved relaxation occurs without Covid-reactive government interference.

Filed Under: Campaigns, Covid-19, NotAboveTheLaw, Pay on time, Quarantine, Rule of law, Unfair Contracts, Work Safety

A free and fair society? Nah! The powerful and corrupt rule Oz – if we allow them!

December 15, 2021 by Self-Employed Australia

slug-gate-corruptionOur campaign to prosecute the Victorian government and responsible individuals over the 801 Hotel Quarantine deaths in 2021 is about the application of the rule of law. But there is another case we’re following that goes to the heart of who we are as a nation. That is, are we willing to tolerate naked government corruption that is intent on destroying the lives of individual people?

Ian Cook built a solid family business (ICook Foods) over 30 years. With his staff of 41 workers he supplied prepared meals to aged care homes and others. In 2019 the local government food regulator forcibly closed his business. But get this. The regulator was running a (loss-making) business in competition with ICook. And the evidence from media reports and two parliamentary inquiries is that Ian was stitched up. The regulator made false claims of food contamination and planted ‘evidence’ of health breaches. The story in Victoria has become known as SlugGate.

In Senate comment in June this year, Senator Eric Abetz referred, to the appearance of “… a conspiracy by health officials in Victoria to close ICook Foods for the purposes of benefiting the government-owned, loss-making enterprise….”

We’ve explained the story in a bit more detail here.

Here’s a radio interview of Ian’s son Ben Cook telling the rotten story:

https://selfemployedaustralia.com.au/wp-content/uploads/2021/12/4-ben_interview_10-Dec2021.mp3

And here’s a great website that tells it all.

But having lost everything the Cook family are standing up. They are suing the local council and the Victorian government for $50 million.

The Cooks have tried to get Victoria Police to prosecute government officials for corruption. The police have refused. This is very similar to WorkSafe refusing to prosecute individuals over the hotel quarantine deaths! The Cooks have now lodged complaints with the Australian Federal Police. Here’s their AFP complaint.

Australia needs brave people like the Cook family. I admire them enormously. They must be supported by the law. Victoria is looking like a cesspit of corruption. But to ignore ICook nationally is to concede that corrupt authoritarianism already has a huge grip on our nation. The enemy is already within the gates. We have lost. The rule of law means nothing!

Filed Under: Campaigns, NotAboveTheLaw, Rule of law, SlugGate

An ‘agitated’ Tax Commissioner – Roast or burn taxpayers?

November 9, 2021 by Self-Employed Australia

jordan-agitatedJust recently we covered on an important Parliamentary Committee Report calling for legislation to create Taxpayer Rights. The Parliamentary Report says that taxpayers need protections from an ATO that may abuse its powers. The recommendations are common sense that we strongly support.

Under Australian legislation all taxing powers belong to the Tax Commissioner. This legislation effectively means the Commissioner has the power of a ‘tax dictator’.

Senate Hearing – ‘burn them’

About a week ago the Tax Commissioner attended a regular Senate Estimates hearing. This is where Senators ask questions of the bureaucrats.

Senator Eric Abetz (Tasmania) asked the Commissioner if he remembered the Four Corners program ‘Mongrel Bunch of Bastards’ that covered ATO abuse of taxpayers.  And if the Commissioner remembered saying that the accusation in the program that the ATO ‘slowly boiled people until they are roasted to death’ was ‘ludicrous and absurd’. The Commissioner said he remembered.

Senator Abetz then produced a transcript record of senior ATO legal officers discussing a strategy against taxpayers to ‘burn them.’ The Commissioner replied, “I’m astounded that you are raising this.” Senator Abetz tried to speak but the Commissioner cut the Senator off with “No listen to me…”  Senator Abetz commented that he was surprised by the Commissioner’s  agitated response’. See the Abetz-Commission video record (10-min YouTube) here.

Senate Hearing – No to ADR – ATO whim

Later in the same hearing, Senator Ben Small (Western Australia) had questions. The Senator asked if there were times when the Commissioner would not enter Alternative Dispute Resolution with taxpayers. (ADR is being hailed by the ATO as a great way to avoid disputes.) The Commissioner responded with a bit of a rambling reply that included “If you (ATO) have entrenched avoiders, ADR wont help.”

That was part of the Commissioner’s reply to the Senator’s question which asked,  “Where a taxpayer in that particular circumstance approached the ATO with a view to engaging in good faith ADR to de-escalate for the parties, are you saying that would not be appropriate?”  See the Small-Commissioner video record (11-min YouTube) here.

So, it seems that the ATO’s much hailed Alternative Dispute Resolution is only available if the ATO likes you. That is, ADR is NOT a right for taxpayers but something entirely at the ATO’s whim. Sounds like a tax dictatorship to me!

ATO ‘bad eggs’

I liked Senator Abetz’s comment to the Commissioner comparing tax officers’ behaviour to those of the police. The Senator said:

“But every now and then we do get a bad egg, and we cannot overcome the bad egg by referring to the 99 per cent of good people in the police force and similarly with the ATO. The concern I have, Commissioner, is that your response … suggests that you are not willing to accept that there might be an issue where you do need to deal with this sort of a culture or behaviour by certain individuals.”

I’d agree with Senator Abetz. We should be concerned. Are taxpayer rights only there at the whim of the ATO dictatorship? That’s neither just nor fair.

Parliament must lead

The parliamentary report calling for a Taxpayer Rights Bill seems to recommend leaving it to the ATO to ‘develop’ those rights. After witnessing the Senate Estimates performance above, every taxpayer should be highly concerned. Taxpayer Rights have to be created by the Parliament. That’s what Parliaments must do. Parliaments are there to protect the people from dictatorships.

It seems we have a lot of work to do for Taxpayer Rights.

It’s worth watching the Tax Commissioner in the Senate:

Here’s the Hansard record

  Abetz-Commissioner video (10 min)

 

 

  Small-Commissioner video (11 min)

Filed Under: News Updates, Rule of law, Tax Reform, Taxation

One giant step for taxpayers – ‘Taxpayer Rights’

October 29, 2021 by Self-Employed Australia

taxation-rightsThe key Parliamentary Committee overseeing the Australian Taxation Office this week released a report calling for major reforms to the way the ATO treats taxpayers. At the core of the report is the recommendation for Taxpayer Rights.

What does this mean?

If you’ve followed our ATO reform campaign, you’ll likely be aware that we’ve studied the US laws covering its tax office, the IRS. The US legislation stipulates specific “do’s and don’ts” with which the IRS must comply to treat taxpayers fairly. And there’s a watchdog, the Taxpayer Advocate, with real powers. We presented our full report on this to the Parliamentary Committee in mid-2020. Here’s a summary.

We’re very pleased to see that the Committee Report calls for substantial reforms to ATO administration with significant elements drawn from the US laws. The Committee looked at the US closely, including interviewing the retired US Taxpayer Advocate.

The Committee has 19 recommendations all of which strongly we endorse. The key highlights include that the ATO:

  • would not be able to collect a debt until all appeals (tribunal/court) have been decided. In fact, the Morrison government has already committed to this. Watch Small Business Minister Stuart Roberts in Parliament 13 April this year.
  • bear the onus of proof of allegations of fraud or evasion. The Committee notes that this has been recommended in past years but never implemented.
  • cannot charge an interest rate on debts that’s greater than the interest rate the government pays.

What would probably stagger most Australians is that such ‘reforms’ are needed. It demonstrates just how dictatorial are the current powers of the ATO.

But there’s more. The Committee’s recommendations also include:

  • A Taxpayer Bill of Rights be developed and promoted. (Here’s the US Taxpayer Bill of Rights.)
  • The Australian Inspector-General of Taxation be renamed the Taxpayer Advocate and the “..the role aligns more closely with the powers and structure of the US Taxpayer Advocate.”

The Committee Report is a major step forward for a better, more efficient and fairer tax collections system. It’s important to note that when Jason Falinski MP (Liberal) presented the report to Parliament, the Deputy Chair Julie Owens MP (Labor) also endorsed the report. That is, the recommendations have support across the (normal) political divide. This is the Australian Parliament working at its best.

In presenting the report to Parliament, the chair of the committee Jason Falinski MP first praised the ATO for improvements it has made to date. He particularly praised the ATO’s work to implement JobKeeper. We agree. That praise is well deserved. But Falinski went on to say that improvements must continue.

The ATO does a great job for Australia. But the evidence is overwhelming that, in the debt assessment and enforcement area, major abuse of taxpayers is endemic. The ABC covered this (again) just last week. See TV coverage and online articles.

Often big government organisations that have dictatorial powers are blind to the community and to the individual harm they do in the abuse of those powers. And they don’t view their abuse as abuse. They see the abuse as them doing their job!

These reforms recommended by the Tax and Revenue Committee are massively important. We hope the Morrison government will move to implementation. But also we would hope that the ATO would see the reforms as positive for them as an organisation as well as the community. We hope!

Again, here’s the Parliamentary Committee report.

Filed Under: News Updates, Rule of law, Tax Reform, Taxation

Justice means prosecuting individuals – Where is WorkSafe?

October 27, 2021 by Self-Employed Australia

Worksafe-questionIt’s a couple of weeks since we updated you on the Not Above The Law campaign over the 801 Victorian Hotel Quarantine deaths in 2020. Here’s some info.

Prosecution of Health

You may likely be aware that, on Wednesday 29 September, WorkSafe announced that it is prosecuting the Department of Health (but not responsible individuals). The announcement caused a storm of media coverage.

29 September was one year to the day that we sent our 131 application; the legal trigger that required WorkSafe to investigate with a view to prosecuting. The prosecution totally validates our campaign, demonstrating the correctness of both the issue and our pressure activity. The major media channels now view our campaign as significantly serious.

Magistrate hearing: Last Friday 22 October was the first Court hearing, a procedural matter where the date was set for the start of the serious legal process (10 March 2022).

Plead guilty? There is speculation that Health may plead guilty and pay a ‘round robin’ fine – that is, the government fines itself which means (effectively) no fine. The media have been on to this with commentary viewing this as a ‘con’.

Next stage – Our campaign focus – prosecute individuals

Our campaign is now focused on pushing heavily for prosecution of the responsible individuals – that is, the Premier, Minister and government officials. This doesn’t mean that we say they are guilty, but rather that the evidence requires prosecution. I explained this in a 3AW radio interview (6 minutes) on 22 October:

https://selfemployedaustralia.com.au/wp-content/uploads/2021/10/3AW_Interview_Ken_Phillips_22_Oct.mp3

TV advert #2 (30 seconds): Following the Health prosecution announcement, we have relaunched our TV advert on social media. See the refocused ad here. This is being supported by a hard-hitting on-line social media campaign (on Facebook & Google).

Radio adverts (30 seconds): A new radio advert is running this week on Melbourne 3AW, 7am to 10am with several repeats in each time slot:

https://selfemployedaustralia.com.au/wp-content/uploads/2021/10/Radio_advert_30s_Oct2021.m4a

 NATL website: A dedicated Not Above The Law website was launched mid-September which has had strong traffic. Here’s the site: https://notabovethelaw.com.au/

Legal campaign

To date we’ve had a big impact without needing court action. There have been 38 pieces of correspondence between Self-Employed Australia and WorkSafe over the last year. In addition, during September we wrote to the Attorney-General, Shadow Attorney-General, WorkSafe Minister, Shadow WorkSafe Minister, Ombudsman and the Solicitor-General. There has been careful legal guidance at every step. See information here.

We anticipate news about next steps in the near future.

What does the Covid modelling say?

You might be interested in some tracking of the predictions about the spread of Covid-19 since the last Victorian heavy lockdown started. The Table below shows what the Burnet Institute predicted would be the Covid impact during the heavy lockdown.

They said that (see page 7, Table 4, of their document)

  • The number of infections would peak at 4,543 per day.
    The actual peak so far is 2,297.
  • Hospital demand would peak at 3,150 per day.
    The actual peak so far is 851.
  • ICU demand would peak at 706 per day.
    The actual peak so far is 163.

Ummmm?

Burnet-table

Filed Under: Campaigns, Covid-19, NotAboveTheLaw, Quarantine, Rule of law, Work Safety

ABC confronts ATO – Time for a Taxpayer Bill of Rights!

October 19, 2021 by Self-Employed Australia

bill-of-rightsYesterday the ABC launched major coverage of a campaign to achieve a Taxpayer Bill of Rights. The coverage included TV, radio and online all day.

Here’s the major online article.  And here’s part of the TV coverage (3’ 42”).

It seems to have generated some serious movement.

The article quotes Federal Liberal MP, Jason Falinski saying, “Australians need to be protected against what has become a very powerful tax office”.  Jason’s comments are especially important because he chairs the key parliamentary committee that oversees the ATO.

Jason also says that the ATO should have to prove a tax debt against someone. Currently the ATO doesn’t have to prove a debt. The burden of proof is on the taxpayer. Jason says “I think that there are a lot of people in government that want to have a very close look at this”. Wow! That’s big. The government is seriously looking at the ATO’s behaviour and powers.

This is supported by the Inspector-General of Taxation, Karen Payne. We talked about her last week exposing really bad ATO behaviour.  In the ABC article Karen suggests that the ATO could face sanctions for breaching taxpayer rights. The article says that Karen’s “…point is that having sanctions would force a cultural shift within the ATO”. We say ‘Yes’ to that!

The need to fix the ATO’s power imbalance is based on strong evidence.

The article features one of the ATO victims who appeared in the 2018 ‘Mongrel Bunch of Bastards’ 4Corners TV exposé. Helen Petaia once had a thriving IT company. But the ATO moved against her on a ‘fabricated tax debt’. The ATO eventually admitted that it was wrong and after six years of fighting Helen was paid compensation by the ATO. But by then her business had collapsed and she was forced to sell the family home. Helen says a Taxpayer Bill of Rights would have saved her from the ATO fight.

The model is based on the US Taxpayer Bill of Rights. It’s legislation. It’s not just simply the tax collector’s policy or ‘code’ that it can ignore at whim.

The Taxpayer Bill of Rights has 10 practical requirements. The right of taxpayers:

  1. To be informed
  2. To quality service
  3. To pay the correct amount of tax
  4. To challenge the tax collector’s position and be heard
  5. To appeal a tax decision in an independent forum
  6. To finality
  7. To privacy
  8. To confidentiality
  9. To retain representation
  10. To a fair and just tax system

This seems damn sensible to us. Here’s a copy of the US Taxpayer Bill of Rights.

And, yes, this is something we’ve been campaigning on since 2019. See here. We’d be very supportive of such a reform. Ummm! More campaigning then!

Filed Under: News Updates, Tax Reform, Taxation

Hard evidence of ‘bad’ ATO grows – It’s official!

October 15, 2021 by Self-Employed Australia

monsterGoodness, we’ve been campaigning since around 2010 about the bad behaviour of the Australian Taxation Office. It’s one thing for us, a small business advocacy association, to expose systemic ATO misbehaviour. It’s entirely different when an important government agency does the same!

The Inspector-General of Taxation (IGT) is the taxpayers’ friend. It is an ATO watchdog. During the last few months it has released several significant investigations and reports into the ATO. It’s a nasty ATO picture that the IGT paints.

Now mind you, the IGT is much more polite and bureaucratic in the way it exposes the ATO than we are! Yes, our commentary tends to be ‘robust.’ But here are some of the things the IGT has revealed (we’re using our ‘robust’ language).

The ATO can crush your credit rating: The ATO has new powers to report you to credit rating agencies if it claims that you owe the ATO money. Remember, the ATO does not have to prove that you owe money. It only needs to say that you do. This clearly opens up the opportunity for ATO abuse. It’s paradise for ATO bullying! The IGT seems to be concerned.  The IGT has put a warning banner across the top of its website with a link to help available from the IGT.  It’s almost as if the IGT is warning taxpayers about a potential scam. (Although the IGT does not say this!)

ATO – You owe us money – We don’t have to tell you why!

The IGT has done a detailed study into whether the ATO must give you reasons for any decisions it makes. That is, the ATO explaining why it says you owe money. Incredibly, the report finds that the ATO does not have to give you reasons. There’s all sorts of law that pretends to require the ATO to give reasons. But these laws are so weak that they effectively mean nothing. And far too routinely the ATO does not give reasons.

As a taxpayer you are rubbish. You have no rights

The latest IGTO report released just days ago looks at what ‘rights’ taxpayers do have. Effectively the answer is none!

For example, the ATO has a Taxpayers’ Charter of Rights. But this is ignored by the ATO. Few ATO staff are trained about the Charter. Taxpayers are mostly not told of their ‘rights’ to internal appeal, or referral to the Small Business Tax Tribunal or to the IGT.  The Charter talks of ‘fairness’ and other motherhood statements. But in essence the Charter is a public relations cover for what the ATO really does. The Charter is not law but ATO internal policy. It’s rubbish (that’s our term!)

The IGT’s series of reports are important. The reports forensically lay out the actual behaviour of the ATO. What’s highlighted, to us, is that actual law or statute that might require the ATO to operate in a fair and reasonable way is simply non-existent. This surely must not continue.

Reform is possible. We’ve laid out a template for ATO administrative reform that would bring fairness and balance. It’s modelled on US laws covering the IRS.

Here’s our 20-minute ‘reform’ video
Our BIG reform doc and a one-page summary

 

ATO abuse has to be stopped. This can only be done through legislation.

Filed Under: News Updates, Tax Reform, Taxation

WorkSafe concedes a ‘bit’. But not enough. Much more work to be done

September 30, 2021 by Self-Employed Australia

long-journeyIf you’ve been following our Not Above the Law campaign, you’ll likely be aware of a BIG development yesterday. Early in the afternoon WorkSafe Victoria announced that it is prosecuting the Victorian Department of Health over the hotel quarantine disaster of 2020.

This triggered a media storm with coverage across the nation. After I went into a deep-dive analysis with our lawyers, I then spent all afternoon doing media interviews – ABC (radio, TV, print), SkyNews, Herald Sun, 3AW radio and others. Thanks to everyone for the huge number of emails and texts. Pardon me for not responding. I thought it best to do so now.

Here is some background information:

Ombudsman: Yesterday morning we lodged our detailed complaint to the Victorian Ombudsman about WorkSafe not complying with the law by failing to send its investigations to the Director of Public Prosecutions. The WorkSafe announcement yesterday afternoon does not change that complaint one bit. WorkSafe still must provide its investigation materials to the DPP on all the parties that they are not prosecuting. WorkSafe continues to fail to apply the law on this.

Thanks to everyone who lodged complaints with the Ombudsman over the last week. It’s been huge. If you have not done so, please still lodge a complaint.

Channel 9 Advert: I am advised that, as of late yesterday, Channel 9 has decided to run our advert. Again, thanks to everyone who lodged complaints with Channel 9. It’s also been huge. But I’ll be cautious. I won’t say it’s a definite until the first advert airs. That should be very soon if arrangements fall into place.

WorkSafe Letter: WorkSafe wrote to us late yesterday afternoon essentially saying, ‘the matter is now closed’. We wrote back saying ‘no it’s not!’

Here’s a key issue:

Criminal law: Work safety breaches are indictable criminal offences. An ‘organisation’ cannot commit a criminal act. Only people do. A gun does not commit murder. The person who pulled the trigger commits murder. Common sense would suggest that the Department of Health cannot not commit criminal OHS breaches. The people who control, direct and run the Department commit the offences.

Therefore this issue is not closed by WorkSafe’s prosecuting the Health Department. We are continuing with our campaign. We are not stopping. We are just warming up.

How will we succeed?  I keep being asked, ‘how will we get WorkSafe to undertake prosecution of individuals’? My reply is ‘by doing what we have been doing’. This is a people movement. We must, and will keep delivering analysis and messaging about the need for the prosecution of Departments and individuals. We have confidence in the voice of the people!

And you, our SEA members, are at the core of this. The campaign has taken us this far in getting yesterday’s breakthrough. But it’s only happened because of your support — people contributing $5 and up, putting in time and effort (contacting the Ombudsman, etc) and more.

Our huge thanks. We should all be pleased. But there’s still a lot more to be done!

Filed Under: Campaigns, Covid-19, NotAboveTheLaw, Quarantine, Rule of law, Work Safety

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Not Above the Law Campaign

We explain the case for prosecution—Hotel Quarantine 2020

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Reforming the ATO

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