• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Home
  • Content Disclaimer
  • Contact Us

Self Employed Australia

"Everyone needs an Advocate"

“Everyone needs an Advocate”

  • Current Advocacy
    • Reforming the ATO
    • Fair Contracts
    • Fixing Disputes/Prompt Payment
    • The ‘Gig’ Economy
  • Past Advocacy
    • Submissions
    • Defending ABN Contractors
    • Work Safety
    • Independent Contractors Act
    • Owner-Drivers
    • International Labour Organisation
    • Independent Contractors: How Many?
  • SEA Submissions
    • Submissions
    • Independent Contractors: How Many?
  • NotAboveTheLaw
    • Robodebt
    • Hotel Quarantine 2020
    • Chemical Fire 2019
  • Be Your Own Boss

Campaigns

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

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

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

WorkSafe Victoria raises the ‘double standards’ flag. Kowtows to union demands

September 17, 2021 by Self-Employed Australia

red-bookIn a telling development yesterday, reports from an industry trade magazine describe how WorkSafe Victoria is investigating a business over the death of a worker from Covid-19.  The WorkSafe move comes after the Australian Services Union “…called for an investigation…”

The ASU said that it will be “…supporting a WorkSafe investigation…” and “… will hold all employers accountable…”

There’s a telling tale here of what could be called the ‘Victorian comrade racket’. The union comrades demand. The ‘justice’ institutions jump! It’s selective! Businesses (of any size) are taken to be ‘bad’ and must be punished. But when it comes to holding government itself responsible, under exactly the same laws, it’s all very ‘complex’ and hard!

It’s now 18 months since the Victorian hotel quarantine disaster first started (March 2020). WorkSafe took up to 4 months before it says it started investigating the Victorian government for OHS breaches. It’s nearly 12 months since we wrote to WorkSafe requiring it to investigate. And it’s now 11 weeks since WorkSafe was required under its own statute obligations to give to the Director of Public Prosecutions its investigation material into the hotel quarantine disaster. Delay. Delay. Delay! Where is justice?

Here’s what the Victorian Occupational Health and Safety Act says:

Section 131 (3):  If the Authority advises the person that a prosecution will not be brought, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.

In this case Self-Employed Australia is ‘the person’. WorkSafe has said it is continuing to investigate. That is, it is not prosecuting. Under the plain reading of the Act, WorkSafe “…must refer the matter to the Director of Public Prosecutions if the person requests (in writing)…” We have made that written request. On a common sense reading of the Act, WorkSafe has not done what it is legally required to do for 11 weeks.

We find it deeply concerning that WorkSafe is ignoring what seems to us to be its legal obligation. But we are active in spite of this delay, delay, delay.

There have been 29 pieces of correspondence between ourselves and WorkSafe on this issue over the last 12 months.
We have run radio and social media ads asking WorkSafe to comply with its obligations.
We have just relaunched our dedicated Not Above The Law website. It gives a good overview of the campaign and details the 142 charges we alleged. Check it out.
Our legal team is in deep discussions and preparation.
More major media is being prepared.

Our campaign for justice for 801 deaths will not stop.

We give considerable detail on our efforts here including our 20,000-word analysis The Case For The Prosecution drawn from the Coate Inquiry evidence.

And thanks to the huge support from people that keeps coming in. It is  most encouraging when people contribute even $10 as a member to the campaign. It’s this support (lots of it) that keeps us going.

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

NSW gives green light for business-mandated vaccinations. It’s ‘Safe’

September 4, 2021 by Self-Employed Australia

vaccination-tickYou might recall that on 13 August we wrote to all work safety authorities asking them to make clear statements as to where they stood on business-mandated vaccinations for staff. Here’s our letter.

It’s essential that authorities with the power to prosecute business under work safety laws tell business people how to comply with the law.

Three days ago (1 September) we received a clear, short reply from SafeWork NSW. The key sentence reads:

“SafeWork NSW considers vaccination a high order risk control measure against disease.”  Here’s the SafeWork NSW letter.

We have checked with our lawyers.

SafeWork NSW is saying that if a business/organisation does not mandate Covid vaccinations, the business is at risk of breaching OHS (work safety) laws. That is, the business would be failing to use a high order health strategy to provide workers (and others) with a safe workplace.

We congratulate SafeWork NSW for its statement. People will legitimately have different views on mandated vaccinations. Our point is that the work safety authorities have an obligation—both moral and in terms of governance—not to leave business as the meat in the sandwich over statute interpretation. In the mandated vaccination debate, we say that OHS law is the top priority over other laws such as industrial relations. Every business has a legal OHS obligation not to put people at risk. SafeWork NSW has made a clear statement on that obligation.

This is highly important for small business people. Big business can use armies of lawyers to advise them. Small business people only have themselves. SafeWork NSW has done the right thing by the people of NSW.

The NSW letter also then lays out a checklist for businesses to assess if workers don’t have to be vaccinated. This includes (1) eligibility for the vaccine, (2) personal health, (3) medical history, (4) type of work, (5) the risk of exposure, and (6) the availability of alternative control measures.

In relation to unfair dismissal, it would seem probable that the NSW statement should arguably be a high order defence against an unfair dismissal action. It will be interesting to see how ambulance-chasing lawyers and unfair dismissal tribunals respond to this.

Tasmania is the only other state to reply to our letter of 13 August. It put the responsibility back on to the business. The other states have been silent. Yesterday we wrote to all the other state authorities with a copy of the NSW letter. We have asked the other states if they agree with NSW. All state work safety authorities have a responsibility to the community to make their position on mandated vaccinations totally clear.

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

Be afraid: Victoria’s 4th attempt at quarantine

April 12, 2021 by Self-Employed Australia

Be afraid. Last Thursday (8 April) the Victorian government restarted its Covid hotel quarantine program.

This is the fourth attempt. The first two attempts from March 2020 resulted in Covid being released into the community, months of lockdown and 801 deaths.

The third quarantine program attempt started on 7 December 2020. On that day Self-Employed Australia warned of problems. Our information was that basic, simple procedures were not in place and that quarantine ‘HQ’ was dysfunctional. By 12 February 2021 Victoria was back into lockdown.

Procedure breaches were simple. For example, staff who had close contact with quarantined travellers and who were supposed to work in isolated rooms were called into mass staff meetings. Just plain dumb.

Even if Covid-19 was ‘unprecedented’ (although on basic facts it was fully expected and known), the health and safety breaches were overwhelming of basic, common-sense things.

Let’s hope this fourth attempt will be more successful. Perhaps it might be better. Our information is that, sometime around early March 2021, WorkSafe inspectors ‘marched’ into Quarantine HQ asking specific questions. “Show us your policy on this?” “Where are the instructions for that?” and so on. This panicked bureaucrats who couldn’t supply immediate answers.

Since then, we believe that WorkSafe has essentially taken control oversight of the quarantine program. Take one example. All men working in quarantine must be clean-shaven. This is to ensure a proper seal when wearing face PPE.

Even with WorkSafe oversight there are big procedural gaps.

Some six weeks or so ago, when vaccination of quarantine staff started, the instruction was that vaccination was voluntary. Staff planning happened accordingly. But now vaccination of all quarantine staff is compulsory. It will take several weeks to get additional potential staff vaccinated. This is basic dysfunctional management.

But there’s more! Covid outbreaks from quarantine have a set pattern. The first line of infection is from infected travellers to quarantine staff. Then from quarantine to, most commonly, the staffs’ immediate family or house mates.

New South Wales has a program of vaccinating quarantine staff and the staffs’ immediate family/house contacts. That is, they’re vaccinating to create two lines of first-level defence. And Victoria? Nah! Quarantine staff are being vaccinated but there’s no reported intention to vaccinate quarantine staff family/house contacts.

Again, what’s being witnessed in Victoria is dysfunctional management. It’s not Covid itself that is the immediate problem. It’s the management of the quarantine system that is the threat to the health and safety of all Victorians. This is why we insist that WorkSafe must prosecute the Victorian government over the 801 deaths.

If prosecutions don’t occur, the full extent of the dangerous dysfunctionality will never be revealed and correction and improvement of the system will not occur. Victorians remain at risk!

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

ATO Mongrel Bunch of Bastards Continues—Morrison Needs to Act

April 6, 2021 by Self-Employed Australia

Today we release details of continuing abuse of small business by the ATO.

You may remember that in 2018 we were heavily involved in the production of the ABC 4 Corners program Mongrel Bunch of Bastards. The program exposed the gross abuse of small business people by the ATO. Since then we have campaigned hard for reform to the ATO’s audit and enforcement division, which is where the problems exist.

This time, in our view, the abuse looks like a massive ATO cover-up of the largest tax scandal in Australia’s history. Surely not, we ask?

As background, between around 2012 and 2015, international criminals defrauded an estimated $2.45 billion from the ATO through a GST scam involving gold trading. Adding to the scandal is that the scam was well known to the ATO from around 2003. The way to stop the scamming was well known, but the ATO did nothing until it was too late.

In our view and on the evidence, after allowing the scam to occur and after the criminals have disappeared, the ATO is seeking to cover up its huge incompetence or worse. It is doing this by attacking innocent small business people to deflect attention from its own serious shortcomings. This is our assessment. However, an official government report into the ATO’s treatment of small business on this issue is scathing of the ATO.

The report from the ATO watchdog, The Inspector General of Taxation Ombudsman (IGTO), looks at the case of small business owners Lynn and Jerry Reid who run a small gold refinery on the Gold Coast. The ATO has withheld $1.3 million of GST refunds from Lynn and Jerry that is due to them. But get this. Even though Lynn and Jerry don’t owe the ATO any money, the ATO has ‘invented’ a technical ‘tax penalty’ and now say that Lynn and Jerry owe the ATO $173,107. We say it’s a total fabrication. The ATO could pull this sort of stunt on anyone.

The IGTO report says that the ATO has no evidence to justify its raiding of Lynn and Jerry’s bank accounts to collect the $173,107. The ATO has not accused Lynn and Jerry of criminal activity or of doing anything wrong. The IGTO says that the ATO must:
  • Issue an apology to Lynn and Jerry.
  • Compensate Lynn and Jerry for harm done to them.

It’s an appalling story of abuse which we’ve detailed in our summary/commentary. Here is the IGTO 77-page report.

Lynn and Jerry are just two more victims of an abusive, dysfunctional ATO audit and enforcement division. This sort of ATO abuse must be made to stop. We call on the Morrison government to recognise that it has a serious problem with the ATO and to urgently undertake ATO reform.

We have studied the USA reforms to its tax authority—the IRS—and submitted a report to parliament. The US model provides a valuable, proven template for Australia.

Frankly, enough is enough. Reform action is needed now. Continuing abuse of small business people like Lynn and Jerry must stop. The Morrison government cannot sit back and continue to watch this destruction of small businesses.

Filed Under: Campaigns, Reforming the ATO, Taxation

BIG change must happen to ATO says government report

March 3, 2021 by Self-Employed Australia

Wednesday, March 03, 2021

The Federal government’s small business agency, the Small Business Ombudsman, has called for major changes to the way the Australian Taxation Office operates. The Ombudsman, Kate Carnell, says “… the time is right for Government to deliver a [tax administration] system that suits the small business sector…”

We totally agree. The ATO’s approach to small business is bullying, unfair and oppressive. We’ve been highlighting this since around 2012 and have been calling for major change. See our 20-minute video.

The Ombudsman has recommended 25 specific changes to the operations of the ATO. (See pages 6-8 of her report released today.) The recommendations are practical and sensible. The one we highlight as top of our list is Recommendation 21. This says:

ATO to be prohibited from charging penalties and interest, issuing garnishee notices or instigating other recovery action on tax debt … until all avenues of appeal taken by the small business taxpayer are exhausted, with general interest charges (GIC) to be applied only from that time.

This is sensible, totally fair and hugely important. And it comes within the context of a big increase in small business tax debt to $21 billion during Covid.

But it’s essential to be clear about what this tax debt actually is. It’s made up of (a) tax actually owed, (b) interest and (c) penalties the ATO adds on. The ATO has continually refused to give the split of these items in reply to parliamentary questions. But here’s just one case as an example.

A small business that we’ve been working with for many years has a tax dispute over

$83,576 the ATO says is owed (over 2 years).

The ATO has added

$41,788 in penalties and
$99,600 in interest (approx.) to today’s date.

That is, the ATO says around $225,000 is owed. The dispute and appeals process has been ongoing for seven years.

However, if the Ombudsman’s recommendation were applied, the actual debt would be $83,576.

This highlights how important Recommendation 21 is. It is a reform which would produce an honest reflection of the truth of the actual tax debt.

In other words, the ATO’s approach to tax debt is, in our view and experience, shonky and misleading. In the case outlined above the real tax debt is only 34 per cent of the ATO’s claim. On this basis the ATO’s headline-grabbing ‘$21 billion’ of small business debt would really only be $7 billion. The point is that we need facts and truth, not misleading media-grabbing headlines.

The Ombudsman’s Recommendation 21 would push toward the truth and make ATO debt management fair and much more efficient. Did we say that we support the Ombudsman in her efforts? Well clearly we do. We’ll produce a more detailed commentary soon.

Filed Under: Campaigns, Reforming the ATO, Small Business Ombudsman, Taxation

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 3
  • Page 4
  • Page 5
  • Page 6
  • Page 7
  • Interim pages omitted …
  • Page 14
  • Go to Next Page »

Primary Sidebar

Recent Posts

  • SEA historical website January 31, 2024
  • Closed doors January 31, 2024
  • We ask you: Make your views known to independent Senators! — Urgent January 9, 2024
  • We ask Senator Pocock: Does he support the outlawing of self-employment? January 5, 2024
  • Ooops! Common sense turns into double-cross. Trojan Horse December 14, 2023
  • Loophole Update – Common sense at last – Movement! December 7, 2023
  • Dancing with Alice at the Mad Hatter’s tea party – Loophole Bill farce November 29, 2023
  • Thank goodness for the independents! Loophole Bill is a huge PILL November 24, 2023
  • Loophole Bill – State of play November 20, 2023
  • You don’t save something by destroying it! November 13, 2023

Categories

Copyright © 2025 · News Pro on Genesis Framework · WordPress · Log in