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Annual Performance Statements

This statement measures and assesses the IGTO’s performance in fulfilling its purpose and key deliverables.

The purpose of the IGTO is to improve tax administration by providing the following deliverables:

  1. effective tax complaints investigation service of taxation administration actions and decisions;
  2. identify and prioritise areas of tax administration for improvement; and
  3. conduct review investigations and make recommendations for improvement to the Minster, Government, the ATO and the TPB.

These deliverables are monitored and assessed by reference to various performance measures that were set out in IGTO’s Corporate Plan 2020–23 (for the four financial years commencing FY20).

Section 41 of the IGT Act also sets out a number of items that must be included in the IGTO annual report. These requirements are set out in square brackets within the relevant performance measures.

The results for each performance measure are set out below under the relevant key performance area.

KEY PERFORMANCE AREA 1 — EFFICIENT AND EFFECTIVE TAX COMPLAINTS SERVICE FOR TAXPAYERS

A key function of the IGTO is providing an independent, efficient and effective tax complaints service for the community.

How we manage complaints

The IGTO is approached by individuals, small businesses, other taxpayers and tax professionals through a range of different channels including an online smart webform, telephone, facsimile and email. In order to manage the impacts of the COVID-19 pandemic on our team, we have actively encouraged complainants to make use of the online webform as the most effective channel to lodge a complaint.

Regardless of the channel through which we are approached, all complaints raised with the IGTO are recorded and categorised (Categories range from ‘0’ to ‘5’) for case management and reporting purposes. A summary of our Complaint categories can be found on our website and in Appendix 3. The IGTO provides this summary explanation to assist stakeholders and the community to better understand the nature of the services we provide and the IGTO’s reporting in relation to these services.

  • Categories 0, 1 and 2 represent independent assistance and assurance services; and
  • Categories 3, 4 and 5 represent cases where a formal complaint investigation is commenced.

Importantly Category 3 is further divided as follows:

  • Category 3.1 — ATO has no record of a previous complaint — IGTO identifies issues requiring formal investigation and options for resolution and requires the matter to be dealt with by an identifiable ATO/TPB officer providing accountability for the management and resolution of the complaint. IGTO also checks the ATO/TPB’s handling of the complaint for satisfactory conclusion.
  • Category 3.2 — Uncomplicated Cases — IGTO investigates independently, engages with the ATO to verify facts and issues, determines the most appropriate and timely actions, and identifies who will take them for early resolution.
  • Category 3.3 — Frequently Raised Issues — IGTO identifies the case as involving a common area of complaint that is capable of being resolved efficiently and effectively through pre-agreed investigation processes.

Category 4 and 5 cases represent Complex and Highly Complex Cases respectively — IGTO investigates Highly Complex cases by engaging directly with ATO senior executive management (SES), and provides ATO senior executive management with early warning of emerging risks and the opportunity to address sensitive issues.

Under section 42 of the IGT Act, the IGTO may not delegate her power to make a report under section 15 of the Ombudsman Act 1976 (Ombudsman Act). Accordingly and necessarily, the IGTO is involved in all complaint cases which have been classified as Category 5 complaints.

Performance measures

The IGTO’s performance in providing an effective complaint investigation service was assessed against the following performance measures:

1.1 the number of complaints received;

1.2 the number and percentage of complaints received via the IGTO website;

1.3 average call queue time;

1.4 the percentage of complaints acknowledged within 2 business days (3 business days in tax time);

1.5 average number of complaints open in any month;

1.6 average number of days to resolve complaints (as arranged by complexity);

1.7 the percentage of complaints where the IGTO considered the agency’s administrative actions on the primary issue to be reasonable;

1.8 complaints where the IGTO’s recommendations were not implemented by the agency;

1.9 the number of complaints closed;

1.10 complainant survey results;

1.11 the number of investigations commenced and completed; and

1.12 the number of times the Inspector-General has served a formal notice requiring the provision of information relevant to an investigation.

Each of these performance measures is further discussed below.

Performance measure 1.1

Performance measure

Complaints received

Source

Corporate Plan 2020–2023, p 43

Result

2,775 complaints

Analysis

In FY20, the IGTO received 2,775 complaints — a 2.3% increase from the 2,712 complaints received in FY19. This represents a 29% increase over the financial year ended 30 June 2016.

Of the complaints received during this financial year, 2,530 related to the ATO (91%), 76 related to the TPB (3%) and 169 related to other matters (6%) such as complaints outside the IGTO’s jurisdiction which were referred to other agencies or bodies.

Every complaint is allocated to a dedicated team member. Our complaints team consists of tax specialists with strong communication skills and requisite professional qualifications and experience to support complainants.

The specific action taken in each complaint case depends upon its history, the nature of issues raised and the outcomes sought. Generally, there are two types of outcomes sought by a complainant.

Firstly, complainants may seek information or independent advice and assurance in relation to ATO or TPB actions. In many of these cases, our team members are able to provide appropriate information, advice and assurance without needing to commence an investigation.

Secondly, complainants may seek a review of ATO or TPB actions or decisions relating to the tax administration system. That is, where they consider the action or decision to be inappropriate or unfair. These complaints require ATO or TPB involvement and are initiated by way of an investigation by our office.

Performance measure 1.2

Performance measure

Number and percentage of complaints received via IGTO website

Source

Corporate Plan 2020–2023, p 43

Result

781 complaints — 28.1%

Analysis

Of the 2,775 complaints received in FY20, 781 complaints were received via the IGTO website, representing 28.1% of all complaints received. The percentage of complaints received via the IGTO website increased by 1.4% compared to FY19. In FY20, most complaints were received over the telephone (1,395 complaints, representing 50.3%).

The increase in the percentage of complaints received via our website may be attributable to changes we made to make it more informative and easier for the community to lodge a complaint with us online.

Performance measure 1.3

Performance measure

Average call queue time

Source

Corporate Plan 2020–2023, p 43

Result

53 seconds

Analysis

The average queue time when complainants contact our dedicated complaints telephone line is 53 seconds. This is an increase of 9 seconds compared to FY19.

The transition during that last quarter of FY20 to remote work-from-home arrangements due to COVID-19 distancing requirements may have contributed to this increase. During FY20, the IGTO moved to a new cloud-based ICT platform, which included a new dedicated complaints telephone system. This may also have impacted the way queue time is measured. We have also improved the IGTO’s website to encourage complaints to be lodged online so they may be dealt with more efficiently.

Performance measure 1.4

Performance measure

Percentage of complaints acknowledged within 2 business days
(3 business days in tax time)

Source

Corporate Plan 2020–2023, p 43

Result

66%

Analysis

Complaints were acknowledged 66% of the time by an IGTO complaints service team member within 2 business days (3 business days in tax time) during FY20. On receiving a complaint, team members seek to make initial contact with the complainant to ensure their concerns and preferred outcomes are clearly understood and to agree on the most appropriate course of action to be taken. In FY19, we acknowledged 68% of complaints within 2 business days (3 business days in tax time).

During FY20, our complaint investigations workforce was reduced by 28% (7 complaint investigation officers) through natural attrition and due to the COVID-19 environment our capacity to recruit and on board replacement personnel to fill these resource gaps was delayed. Given the small size of our office, the complaints officer outage impacted on our remaining resources and ability to manage and progress complaints as efficiently.

Performance measure 1.5

Performance measure

Average number of complaints open in any month

Source

Corporate Plan 2020–2023, p 44

Result

Analysis

In FY20, the average number of complaints open peaked during the months of September to December. This period has a higher average number of complaints open because our busy time (being July to November) coincides with both ‘tax time’ and major mandatory compliance reporting obligations.

During tax time, demand for our complaints investigation service increases resulting in a higher number of complaints received. In addition, some complaints team members are required to assist with corporate compliance obligations and reporting. The reduced number of complaints team members available to manage and progress complaints together with an increase in complaints received, resulted in higher average number of complaints open during this period.

Performance measure 1.6

Performance measure

Average number of days to resolve complaints (as arranged by complexity)

Source

Corporate Plan 2020–2023, p 44

Result

Category

FY20

Average for the
period 1 May 2015 to 30 June 19

0–2

7 days

6 days

3

13 days

12 days

4

79 days

56 days

5

173 days

125 days

Analysis

As noted earlier in this chapter, complaints are categorised based on the type of assistance provided by our complaint services team and the complexity of the investigation.

Category 0–2 complaints are those where the IGTO complaints team provided independent assistance and assurance to the complainants. These complaints are resolved without the need for an independent formal investigation. For category 3–5 complaints, we undertake an independent formal investigation to resolve complainant’s concerns and determine the most appropriate options for resolutions. It should be noted that the population for category 5 complaints is small and fluctuates due to the complexity of the matters investigated.

In FY20, the average number of days to resolve complaints across all categories has increased compared to the average for the period 1 May 2015 to 30 June 2019. There are two factors contributing to the increase in the average number of days to resolve complaints. Firstly, there has been a 6.6% increase per annum in complaints received and an overall increase of 29% across the 5 year period. Secondly, we lost 28% of our complaints team members in FY20 due to natural attrition. This has reduced the size of our team and therefore our capacity to resolve complaints as timely as previous financial years.

Performance measure 1.7

Performance measure

Percentage of complaints where the IGTO considered the ATO’s or TPB’s administrative actions on the primary issue to be reasonable

Source

Corporate Plan 2020–2023, p 44

Result

15.15%

Analysis

The IGTO considered the ATO or TPB’s administration actions on the primary concern raised by the complainant to be reasonable in 15.15% of the complaints finalised in FY20.

In these complaints, we provided assurance to the complainants on the ATO’s or TPB’s action or decision.

This measure was a new measure introduced in FY20 and there is no prior year’s result for comparison.

Performance measure 1.8

Performance measure

Complaints where the IGTO’s recommendations were not implemented by the agency

Source

Corporate Plan 2020–2023, p 45

Result

Analysis

After lengthy consideration of the IGTO complaints data and available methodologies, we have not been able to develop a methodology that will provide an accurate measure for this performance measure.

Our complaints service team may suggest actions for the ATO/TPB to take during our complaint investigations. These suggestions are documented in our complaint finalisation letter to complainants but they are not recorded as recommendations in our complaints case management system. We would need to make a significant upgrade to our complaints case management system to be able to report on this measure. This upgrade was not possible in FY20 as we prioritised our move to a new cloud based ICT platform to enable our team to work more effectively from home during the COVID-19 pandemic.

Performance measure 1.9

Performance measure

Complaints closed

Source

Corporate Plan 2020–2023, p 45

Result

2,785 complaints closed

Analysis

A total of 2,785 complaints were closed in FY20 compared to 2,827 complaints closed in FY19. The number of complaints closed includes 181 complaints carried forward from FY19.

Performance measure 1.10

Performance measure

Complainant survey results

Source

Corporate Plan 2020–2023, p 45

Result

Independent complaints service survey

Views of IGTO’s complaints investigation service

Proportion satisfied

Proportion dissatisfied

Proportion neither satisfied or dissatisfied

Overall satisfaction with the IGTO’s complaints investigation service

71%

15%

14%

Overall satisfaction with the outcome of a complaint*

54%

29%

14%

Professionalism of IGTO staff

90%

6%

4%

* No outcome requested – 3%

In-house client satisfaction survey

Rated our service 4 or 5 out of 5 stars

Satisfaction with the IGTO service

89%

Analysis

Independent complaints service survey

The IGTO is committed to providing and maintaining a high standard of service in its interactions with the community and values feedback received from complainants. We engage ORIMA Research Pty Ltd (ORIMA) to conduct independent surveys to evaluate the performance of the IGTO’s complaints service.

The feedback received from the survey demonstrates higher levels of satisfaction compared to our FY19 result. In FY20, 71% of survey respondents reported overall satisfaction with our complaints investigation service (compared to 65% in the previous year), 54% reported overall satisfaction with the outcome of their complaint (compared to 45% in the previous year) and 90% reported satisfaction with the professionalism of our staff (compared to 82% in the previous year). Of those who were not satisfied with their outcome, 48% of respondents nonetheless indicated that they would use our complaints service again. Approximately, 53% of complainants who were contacted by ORIMA provided feedback which is considered a high response rate.

In-house client satisfaction survey

In our in-house telephone response based survey, 89% of respondents (out of a total of 134) gave a satisfaction rating of 4/5 or 5/5. This survey result also reflects the effectiveness of our role in facilitating the resolution of complaints. Whilst not every complainant achieved their preferred outcome, many have still expressed high levels of satisfaction with our complaints investigation service and the professionalism of our staff.

We moved to a new cloud based ICT platform, which included a new dedicated complaints management telephone system. Our ability to monitor the response rates is not yet supported by the new telephone system. Consequently we cannot calculate the response rates to our in-house client satisfaction survey.

The role of our surveys

The IGTO surveys also provide opportunities for us to further improve performance to meet the service expectations of the community. One such area that requires improvement is awareness of the IGTO's role as the taxation ombudsman particularly amongst vulnerable taxpayers including unrepresented individuals and small businesses. To address this, we are implementing a communications strategy which includes a quarterly newsletter, increasing our presence on social media and presenting at appropriate forums including in regional centres. This is subject to COVID-19 travel restrictions.

Positive feedback received from complainants

Some examples of the positive feedback that IGTO officers have received are provided below:

Excerpt of feedback received from an individual taxpayer in June 2020

The service that I received was excellent. It was immediate, I was kept in the loop, he was available, he was knowledgeable, he was willing to assist me, his manner was friendly, he was efficient.

[IGTO investigator] was my investigator and I could not fault his service.

Excerpt of feedback received from a director of a business in May 2020

Thank you for your assistance [IGTO investigator], it is greatly appreciated.

The issues have been resolved and I am satisfied with the outcome.

Wishing you all the best.

Excerpt of feedback received from an individual taxpayer represented by a relative in April 2020

Thanks a lot for the follow-up email and sorry about my delayed reply. I have contacted [ATO officer] as advised, first three weeks ago and then yesterday. [The ATO] agreed to waive remission of interest and penalties included in the final payable amount.

Please accept my sincere gratitude for your support and help in resolving this issue.

Excerpt of feedback received from an individual taxpayer in April 2020

I can't tell you how thankful I am to you, as I am sure if the IGT did not intervene, I would still be waiting [for the ATO to finalise its ruling.

Thank you for your patience with me, as this is the end of a long frustrating period beginning in 2013 for me [sic].

Please know I am so relieved and grateful to you and IGT.

Excerpt of feedback received from a small business owner in January 2020

Hi [IGTO investigator]

I wanted to thank you so much for all your help. [ATO officer] from the taxation complaints department was fantastic & [sic] organised someone to help me. They cleared the interest & stopped ongoing interest & [sic] started a weekly payment plan that we were both comfortable with. Thank you so much for all your help.

Performance measure 1.11

Performance measure

Number of investigations commenced and completed

Source

Section 41 of the Inspector-General of Taxation Act 2003

Result

Investigations commenced

Investigations completed or carried forward

Agency

Carried forward from FY19

Received in FY20

Total handled in FY20

Total completed in FY20

Total carried forward to FY21

ATO

138

1,382

1,520

1,385

135

TPB

2

22

24

23

1

Total

140

1,404

1,544

1,408

136

Analysis

In FY20, 1,544 investigations were undertaken by our office. Approximately 98% of investigations commenced this financial year related to the ATO with the remainder related to the TPB. Approximately 91% of all investigations undertaken in this financial year were completed.

Performance measure 1.12

Performance measure

Number of times the Inspector-General has served a formal notice requiring the provision of information relevant to an investigation

Source

Section 41 of the Inspector-General of Taxation Act 2003

Result

0

Analysis

The IGTO has considerable powers to access and obtain information from the ATO and TPB by issuing formal notices. This information would otherwise not be available to taxpayers and tax practitioners due to tax law secrecy provisions.

No such notices were issued in FY20.

Case studies

In addition to the performance measures, we have outlined below some examples of cases that we investigated in FY20. These case studies illustrate how we have assisted the taxpayers and their representatives that have raised a complaint with us.

Case study 1

The complainant had sought a remission of General Interest Charge (GIC) which was approved by the ATO in full. However, in reviewing his records, the complainant identified that GIC that had been offset against other credits (approximately $4,000) was not included in the remission.

Through our investigation process, the ATO agreed to remit the GIC that had been offset against other credits which resulted in a refund of approximately $4,000 to the complainant.

Case study 2

The complainant was waiting for the rollover of his unclaimed superannuation money from the ATO to a complying superannuation fund so he could fund his knee surgery. The complainant first contacted the ATO approximately 7 weeks prior to lodging a complaint with the IGTO. He also contacted the ATO on multiple occasions to expedite the rollover but without success.

As a result of our investigation, the ATO expeditiously rolled over the complainant’s unclaimed superannuation to his nominated superannuation account and he was able to access it in time to pay for his knee surgery. The complainant was thankful for our assistance.

Case study 3

The taxpayer lodged an income tax return through a tax agent. The income tax return included the tax agent bank account details for any refund due to the taxpayer. The taxpayer then had concerns about the tax agent, after hearing some news in the media. He contacted the ATO to remove the tax agent from his account and requested the ATO to change the bank account details so that the refund would not be paid to the tax agent’s bank account. The ATO suspended the income tax return but did not remove the tax agent from his account as per the taxpayer’s request. Subsequently, the tax agent contacted the ATO to ask the ATO to process the taxpayer’s income tax return which the ATO did and the refund was paid to the tax agent’s bank account. The complainant attempted to contact the tax agent without success to request the tax agent to transfer the refund to his bank account.

Through the IGTO complaint investigation, the ATO acknowledged that they should have processed the taxpayer’s request and removed the tax agent from the taxpayer’s account. If the ATO had processed the request, the tax agent would not have been able to contact the ATO and asked the ATO to process the taxpayer’s income tax return as he would no longer be listed as an authorised contact on the complainant’s account. The ATO also agreed to pay the refund to the complainant’s bank account.

Case study 4

The complainant, who is a small business owner, lodged a complaint with the IGTO with concerns that the ATO had not made a decision about the compliance status of his self-managed superannuation fund (SMSF) and accordingly he could not dispute an ATO’s decision. As a result of the IGTO’s investigation, we raised with the ATO the importance of procedural fairness. We requested and the ATO agreed to make a decision about the compliance status of the complainant’s SMSF which had not been considered by the ATO previously.

The lack of decision by the ATO about the compliance status of the SMSF meant that there were no review rights available to the complainant. The ATO issued its decision about the compliance status of the complainant’s SMSF and it enlivened complainant’s review rights in relation to that decision.

Case study 5

The individual taxpayer had contacted the ATO to request the ATO to provide him a summary of Pay-As-You-Go withholding amount that had been reported and paid to the ATO by his employer. The taxpayer explained that this information will assist him with reconciling the information that he has received from his employer. Before our investigation, the ATO informed the complainant that they are unable to provide him with the information he is seeking because the information belongs to his employer and doing so would be a breach of tax secrecy provisions.

As a result of our investigation, the ATO sought internal legal advice on whether they can release the information to the complainant. The ATO’s internal legal advice confirmed that the information can be provided to the complainant and the ATO released the information to the complainant.

Case study 6

The taxpayer who is a small business owner lodged a complaint via their tax agent about an amount that had been re-debited into her account by the ATO. The ATO had initially credited the amount to the taxpayer’s account in anticipation of changes to legislation which had been announced about superannuation guarantee charge during the proposed amnesty period. However, the legislation did not pass parliament and the ATO re-debited the amount to the taxpayer’s account but did not inform the complainant. The complainant explained that as she was not informed by the ATO, she had to incur fees for her tax agent to contact the ATO to understand why her account did not have a nil balance and why an amount had been re-debited.

Through our complaint investigation process, we provided assurance that the amount had been correctly re-debited by the ATO. We also identified the ATO’s Law Administration Practice Statement (PSLA 2007/11) Administrative treatment of taxpayers affected by announced but unenacted legislative measures which apply retrospectively when enacted only includes scenarios where a taxpayer anticipates the proposed change to legislation and details the ATO’s approach where the anticipated legislation is not enacted. However, PSLA 2007/11 does not outline scenarios where the ATO anticipates the proposed change to legislation and what the outcome would be when the proposed legislative change is not enacted. The ATO agreed to review its PSLA to determine whether changes should be made to reflect situations where the ATO, rather than the taxpayer, anticipates the proposed change to legislation.

KEY PERFORMANCE AREA 2 — IDENTIFY AND INVESTIGATE PRIORITY AREAS FOR IMPROVED TAX ADMINISTRATION

The themes emerging from complaint cases, international trends, as well as discussions in stakeholder forums assist the IGTO and our office to identify tax administration issues of greatest community concern or significance in achieving a fairer, more efficient and transparent tax administration system.

Prior to the establishment of the tax complaints service, public consultation was the primary means of identifying tax administration issues of community concern and prioritising topics for review investigations. However, in recent years, the themes emerging from the complaints investigation service are increasingly informing the program for review investigations. We continue to analyse data raised through complaints on a periodic basis with a view to identifying trends and issues that arise.

Performance measure 2.1

Performance measure

Review investigations commenced, [Number of investigations into systemic issues]

Source

Corporate Plan 2020–2023, p 46, [Section 41 of the Inspector-General of Taxation Act 2003]

Result

3

Analysis

The IGTO commenced three review investigations in FY20:

  • Death and Taxes: An Investigation into ATO Systems and Processes for dealing with Deceased Estates — review commenced on 31 October 2019;
  • Investigation and Exploration of Undisputed Tax Debts in Australia — review commenced on 31 October 2019; and
  • An Investigation into the effectiveness of ATO communications of taxpayers’ rights to complain, review and appeal – review commenced on 30 June 2020.

Performance measure 2.2

Performance measure

Approaches and engagements from stakeholders

Source

Corporate Plan 2020–2023, p 46

Result

289

Analysis

The IGTO continues to engage and consult with public and private sector stakeholders on matters of relevance and interest to the community. The IGTO also captures areas of concerns through broader engagement with the public such as through social media, our website as well as participation at conferences, seminars and discussion groups.

Performance measure 2.3

Performance measure

Monitor complaints data from the IGTO, ATO and TPB and publish updates to the work program

Source

Corporate Plan 2020–2023, p 46

Result

Register of Potential Review Topics has been published on our website and promoted through IGoT News eNewsletter and by email to professional and industry associations and organisations.

Analysis

The Register of Potential Review Topics which is published on our website identifies potential topics for review based on the IGTO’s engagement with various stakeholders and data collected from the taxation complaints service, as well as other sources. There are currently 27 topics that have been identified in the Register.

In addition to the 27 topics, the IGTO identified one new topic for review from reviewing ATO communications as part of the IGTO complaints service — An Investigation into the effectiveness of ATO communications of taxpayers’ rights to complain, review and appeal.

KEY PERFORMANCE AREA 3 — PROVIDE ADVICE THAT IS INDEPENDENT, TIMELY AND RELEVANT TO THE ADMINISTRATION OF TAXATION LAWS IN AUSTRALIA

The conduct of each review is bespoke depending on the topic. However, review investigations generally involve a consideration of submissions made by stakeholders as well as investigation of ATO or TPB systems. Detailed research and analysis is also required, including international comparisons with comparable jurisdictions, to identify best practice for areas requiring improvement and to determine and develop the best course of action. Each review involves ongoing engagement and consultation with the ATO or TPB throughout the review cycle, both at operational and senior management levels.

Performance measure 3.1

Performance measure

Review investigations finalised

Source

Corporate Plan 2020–2023, p 47

Result

0

Analysis

No review investigations were finalised in FY20. This was in part due to extensions of time granted to the ATO to provide comments on final report drafts and reviews being placed on hold (deferred) owing to the priority need to respond to the COVID-19 pandemic. Significant progress was made on the following two reviews in FY20.

Investigation and Exploration of Undisputed Tax Debts in Australia.

On 9 April 2020, the IGTO decided to defer progress of the review investigation and finalisation of the report given the exceptional circumstances arising from the COVID-19 pandemic. Deferring the completion of this review will allow:

  • ATO staff to focus on the front-line delivery of the Government’s taxation system support measures for the economy and recovery from the COVID-19 pandemic;
  • Our staff to focus on complaints service delivery which is critical to the successful delivery of the Government’s taxation system support measures for the economy and recovery from the COVID-19 pandemic;
  • the review investigation to consider any lessons learned from the consolidation of the ATO systems for income tax and activity statements which took place in December 2019/January 2020;
  • any final report to include more up-to-date data for FY20;
  • the investigation to incorporate insights into the operation of the debt collection provisions in the taxation administration system where there is a deliberate administrative decision to defer the collection and payment of taxation — that is, not to collect tax — because of a natural disaster (floods or bushfires) or a pandemic (such as COVID-19).

Death and Taxes: An investigation into ATO Systems and Processes for dealing with Deceased Estates

The final report on the review investigation into ATO systems and processes for dealing with deceased estates (which commenced on 31 October 2019) was finalised after 30 June 2020 (on 7 July 2020).

Performance measure 3.2

Performance measure

Average elapsed time for completion of review investigation report

Source

Corporate Plan 2020–2023, p 47

Result

Analysis

No review investigations were finalised in FY20.

Performance measure 3.3

Performance measure

Monitor review investigation recommendations agreed to and time for implementation

Source

Corporate Plan 2020–2023, p 47

Result

Confirmed by the Chair of the ATO Audit and Risk Committee on 16 June 2020.

Analysis

The ATO and TPB have statutory independence in their respective jurisdictions. The IGTO is also an independent statutory appointment but is not empowered to direct the Commissioner of Taxation or the TPB.

Historically, the vast majority of the IGTO’s review investigation recommendations have been accepted in full or in part and the implementation of review recommendations was monitored through follow up reviews.

Assurance that agreed IGTO recommendations have been effectively implemented by the ATO is now provided by the ATO Audit and Risk Committee. As stated in paragraphs 1.22–1.29 (pages 6–7) of the IGTO’s 2014 report, Follow up review into the Australian Taxation Offices implementation of agreed recommendations in five reports released between August 2009 and November 2010.

1.22 Since November 2010, the IGT has worked with the ATO to develop a new process to provide assurance that agreed IGT recommendations have been effectively implemented. In contrast to the IGT’s follow up review process, the ATO’s Audit and Risk Committee will now monitor implementation of external scrutineer recommendations to ensure timely execution of implementation. This Committee is informed by quarterly updates from the relevant BSLs and ATO’s Internal Audit group through reports on the status of implementation. When BSLs advise that recommendations have been implemented, Internal Audit undertakes a high-level assessment of the implementation of recommendations by comparing the BSL provided evidence against the implementation plans. The Committee is then informed of the number of recommendations accepted as implemented following this assessment.

On 13 May 2020 the IGTO wrote to the Chair of the ATO Audit and Risk Committee. The Chair confirmed in writing on 16 June 2020 as follows:

I can confirm that the Audit and Risk Committee (ARC) monitors the implementation of all external scrutineer recommendations. The ARC is informed by quarterly updates from the relevant business areas on recommendations initiated by the Australian National Audit Office (ANAO), the IGTO, Internal Audit and, in more recent times, Parliamentary Committees.

The updates provide a summary of the status of recommendations. A high-level assessment is undertaken of business line evidence prior to closure. In addition, for assurance purposes, Internal Audit samples closure reports to verify implementation.

In regards to the 11 reviews the IGTO has conducted since July 2014, I can confirm that updates on recommendations arising from these reviews have been presented to the ARC. Recommendations in progress are reported to the ARC on a quarterly basis until closure. The secretariat can connect you with the External Scrutineers Unit should you wish to obtain further details.

Performance measure 3.4

Performance measure

Agreed Business Improvements (ABI) accepted and implemented by the ATO and TPB

Source

Corporate Plan 2020–2023, p 47; 2019–20 PBS, p 247

Result

Agency

ABIs Accepted in FY20

ABIs Implemented in FY20

ABIs In Progress as at 30 June 2020

ATO

6

24

10

TPB

2

03

2

Total

8

27

12

Analysis

The IGTO seeks to identify improvements to the ATO and TPB business processes. We adopt a continuous improvement approach that leads to prompt action that benefits taxpayers more broadly.

During our complaint investigations, the ATO or TPB may acknowledge that there is an opportunity for improvement and an ABI may emerge without the need for the IGTO to conduct a formal review. The details of the ABI are captured and its implementation monitored by the IGTO.

In FY20, the ATO accepted 8 ABIs and the TPB accepted 1. The ATO implemented 24 ABIs whilst the TPB implemented 3 ABIs.

Performance measure 3.5

Performance measure

Meetings with the Minister, Government, the Australian Parliament, the ATO and/or the TPB or other stakeholders to discuss areas for Review

Source

Corporate Plan 2020–2023, p 48

Result

100

Analysis

During FY20, the IGTO and our office met with various stakeholders including the Minister, Government, the Australian Parliament, the ATO/TPB and other stakeholders to discuss areas for Review. These meetings are useful to identify and share areas for potential review to improve the tax administration system for the benefit of the Australian community.

Performance measure 3.6

Performance measure

Reponses to Government, Treasury or Parliamentary reviews that relate to taxation administration

Source

Corporate Plan 2020–2023, p 48; 2019–20 PBS, p 247

Result

11 submissions

3 appearances at public hearings

Analysis

In FY20, the IGTO lodged 10 submissions in response to various Government, Treasury and Parliamentary reviews relating to tax administration:

  • Submission (including two supplementary submissions) to the Senate Economics Legislation Committee’s Review into the Performance of the IGTO;
  • Submission to the Senate Economics Legislation Committee’s review of the Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Bill 2019 (in relation to Tax Debt Transparency);
  • Submission to the Treasury’s review into the Tax Practitioner’s Board;
  • Submission to the Standing Committee on Tax and Revenue’s Inquiry into the Development of the Australian Corporate Bond Market;
  • Submission to the Standing Committee on Tax and Revenue’s Inquiry into the Tax Treatment of Employee Share Schemes;
  • Submissions (including one supplementary submission) to the Standing Committee on Tax and Revenue’s Inquiry into the Commissioner of Taxation Annual Report 2018–19;
  • Submission to Treasury’s Minor and Technical Legislative Amendments

The IGTO also lodged 1 submission in response to the Australian Information Commissioner’s Discussion Paper on Disclosure of Public Servants’ Names and Contact Details.

The IGTO also appeared at the following hearings:

  • Public hearing before the Senate Economics Legislation Committee on Tax Debt Transparency;
  • Public hearing before the Senate Economics Legislation Committee in relation to the Review into the Performance of the IGTO;
  • Public hearing before the Standing Committee on Tax and Revenue in relation to the Tax Treatment of Employee Share Schemes

This represents a significant increase from previous years, where in FY17 and FY18, 2 submissions were made in each year respectively and in FY19 no submissions were made.

Performance measure 3.7

Performance measure

Mentions of the IGTO in professional newsletters, updates, reports and conference papers

Source

Corporate Plan 2020–2023, p 48

Result

102

Analysis

The IGTO has noted 102 mentions in various newsletters, updates, reports and conference papers of professional bodies and industry.

KEY PERFORMANCE AREA 4 — CO-OPERATE AND COLLABORATE WITH RELEVANT AGENCIES AND STAKEHOLDERS — BOTH DOMESTICALLY AND INTERNATIONALLY

The IGTO undertakes extensive consultation with a range of stakeholders to identify and prioritise areas for improvement.

The IGTO receives submissions or input from taxpayers, tax professionals and their representative bodies, as well as government agencies, such as the ATO, TPB, Australian National Audit Office (ANAO), Commonwealth Ombudsman and the Treasury. Input is also sought from the Minister as well as parliamentary committees.

Performance measure 4.1

Performance measure

Cross referrals to/from other agencies

Source

Corporate Plan 2020–2023, p 49

Result

Referrals from agencies: 21

Referrals to agencies: 13

Analysis

The existence of cross referral activity suggests that co-operation and collaboration between agencies is occurring. A more informative KPI is to be developed to monitor this for future years.

Performance measure 4.2

Performance measure

Briefings with the Government, the Australian Parliament, the ATO and/or the TPB

Source

Corporate Plan 2020–2023, p 49

Result

210

Analysis

The IGTO received and provided briefings to the Government, the Australian Parliament, the ATO and/or the TPB. These briefings are important to raise awareness of tax administration issues affecting the community.

Performance measure 4.3

Performance measure

Maintain the membership of relevant domestic and international organisations — including legal, accounting, taxation, ombudsman organisations

Source

Corporate Plan 2020–2023, p 49

Result

All relevant memberships maintained

Analysis

The IGTO and our team are members of various professional bodies and organisations including:

  • Australasian-Pacific Ombudsman Region;
  • Australian and New Zealand Ombudsman Association (ANZOA);
  • Australian Institute of Administrative Law;
  • Australian Institute of Company Directors;
  • CPA Australia;
  • Chartered Accountants Australia and New Zealand;
  • International Ombudsman Institute;
  • Institute of Public Accountants (IPA);
  • Law Society of New South Wales;
  • Society of Consumer Affairs Professionals (SOCAP);
  • SOCAP Complaint Handler Certification; and
  • The Tax Institute.

Through ongoing membership, the IGTO has maintained strong working relationships with domestic and international counterparts. These organisations serve as both an information network and a point of comparison for best practice and potential benchmarking.

Performance measure 4.4

Performance measure

Participation at relevant domestic and international conferences and forums

Source

Corporate Plan 2020–2023, p 49

Result

16 domestic conferences/forums

2 international conferences/forums

Analysis

The IGTO has presented and participated in 16 domestic conferences/forums during the year, consulting with private and public sector stakeholders on its services and engaging with practitioners to identify issues of concern which may require investigation:

  • Australasian Tax Teachers’ Association Conference;
  • ANZOA Australian and New Zealand Ombudsman Association Annual General Meeting;
  • The Tax Institute Death and Taxes Online;
  • Executive Assistant Congress;
  • Institute of Public Accountants WA Congress;
  • IPA National Congress;
  • IPA Talks;
  • IPA Women in Practice Conference;
  • Law Council of Australia Taxation Workshop;
  • Society of Consumer Affairs Professionals Symposium;
  • The Tax Institute 52nd Western Australia State Convention;
  • The Tax Institute Tax Disputes Conference;
  • The Tax Institute Financial Services Taxation Conference;
  • The Tax Institute Tax Summit 2020;
  • University of New South Wales Seminar on Taxation and Business Law; and
  • Women in Leadership Symposium

Internationally, the IGTO has participated in conferences in the USA (United States Ombudsman Association Conference) and Taiwan (Australasian-Pacific Ombudsman Region Conference).

The IGTO also attended stakeholder consultations — refer to Performance Measure 4.9 on page 48.

Performance measure 4.5

Performance measure

Up-to-date IGTO website links and information referring to related agencies (and vice versa)

Source

Corporate Plan 2020–2023, p 50

Result

All website links to other agencies are up-to-date.

Analysis

Our website contains up-to-date links to other agencies including the ATO, TPB, Commonwealth Ombudsman, Australian Small Business and Family Enterprise Ombudsman, Office of the Australian Information Commissioner and Services Australia.

One third of the agencies listed on our website contains valid links on their respective websites to link users to the IGTO website.

Performance measure 4.6

Performance measure

Registered subscribers to IGTO newsletter via website

Source

Corporate Plan 2020–2023, p 50

Result

606 registered subscribers

Analysis

There are 606 registered subscribers to the IGTO newsletter as at 30 June 2020, up from 540 in the previous financial year. The IGTO will continue to promote communication through the newsletter in the next financial year. A more informative KPI may be developed for future years.

Performance measure 4.7

Performance measure

Social media engagement

Source

Corporate Plan 2020–2023, p 50

Result

6,059 Facebook fans

744 Twitter followers

Analysis

As part of a broader effort to increase community awareness of the Office and our services, we have continued to develop and enhance content on various social media platforms. Our presence on Twitter has continued since 2014, with over 700 Twitter followers and since the launch of its Facebook page in November 2018, it has gained over 6000 Facebook fans. We have also gained 104 followers on LinkedIn since launching its page in February 2019.

These platforms have enabled greater exposure and engagement with a broader cross-section of the community as well as professional stakeholders.

Performance measure 4.8

Performance measure

Website hits

Source

Corporate Plan 2020–2023, p 50

Result

141,080

Analysis

Our website remains a central point for community engagement. In FY20, the website received 141,080 hits.

Performance measure 4.9

Performance measure

Stakeholder consultations attended — including discussion group meetings or workshops attended

Source

Corporate Plan 2020–2023, p 50

Result

64

Analysis

The IGTO and our office consulted extensively with the broader community, including taxpayers, tax practitioners, and their representative bodies in conducting reviews and through its complaints handing service. The IGTO also consults with the Government and its agencies, including the ATO, TPB, ANAO, Commonwealth Ombudsman and Treasury.

KEY PERFORMANCE AREA 5 — FOSTER A DIVERSE, ENGAGED AND RESILIENT TEAM

The IGTO team members are central to the services we provide to the community. The IGTO is committed to providing a workplace environment in which team members are supported, engaged and inspired to provide a professional service with a commitment to delivering community outcomes. Our strategy is centred around employing and retaining qualified and experienced tax specialists who have the relevant people skills and the ability to provide a professional, effective and independent service to the community. This enables the IGTO to achieve its purpose of improving tax administration and providing independent advice and assurance to stakeholders on the operation of Australia’s tax administration laws.

Performance measure 5.1

Performance measure

Monitor staff survey results from:

1. APSC

2. IGTO — Staff engagement and whether staff have access to resources and expertise to perform their duties

Source

Corporate Plan 2020–2023, p 51

Result

The APSC Employee Census 2020 was postponed due to the impact of the COVID-19 pandemic.

IGTO staff survey

80% of staff consider that the Agency adequately supports them in undertaking their role; and

81% of staff have high satisfaction levels with their employment at IGTO.

Analysis

The high satisfaction levels of our staff with their employment at our office is welcoming. It reflects our commitment to provide a workplace environment in which our team is supported, engaged and inspired to provide both service and outcomes to the community. We also moved swiftly to provide our staff with improved capability to work remotely to ensure their safety during the COVID-19 pandemic through our new cloud based ICT Platform.

We have a range of initiatives to support and reward our staff. This includes providing specialist learning and development opportunities as well as a rewards and recognition program.

Performance measure 5.2

Performance measure

Average hours per staff attending specialist training annually

Source

Corporate Plan 2020–2023, p 51

Result

Eligible IGTO staff (26) each attended on average 12.9 hours of specialist training in FY20.

The IGTO also supported 6 of its staff with postgraduate, professional course or long-term study in FY20.

Analysis

We strongly support the development of our team and continue to enhance our capability through specialist learning and development opportunities. During FY20, our complaints service team attended on average 12.9 hours of specialist training. The training attended includes:

  • complaints resolution and engaging in persuasive communication;
  • leadership and coaching skills for managers;
  • PID training for managers;
  • Privacy and Freedom of Information; and
  • Tax disputes.

Performance measure 5.3

Performance measure

Monitor diversity in the agency including the percentage of female staff across all levels

Source

Corporate Plan 2020–2023, p 51

Result

Female staff — 41%

Born overseas — 48%

CALD — 63%

Analysis

Our Office is a small specialised agency with national responsibility operating out of a single Sydney-office location. Our workforce is recruited based on merit and competence. In doing so, we are committed to workplace diversity, recognising gender, age and ethnicity. Our service delivery depends upon staff having specialised taxation law and policy skills and experience. Accordingly, it does face recruitment challenges and will seek to meet requirements, subject to market availability considerations.

The IGTO Gender Equality Action Plan has been designed in accordance with the document entitled ‘Balancing the Future: The Australian Public Service Gender Equality Strategy 2016–19’. Moving forward, the IGTO will work through gender equality initiatives as a business imperative.

Statutory Statement

I, Karen Payne, as the Accountable Authority of the IGTO, present the above FY20 annual performance statement of the IGTO, as required under subsection 39(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

In my opinion, this annual performance statement is based on properly maintained records, accurately reflects the performance of the agency and complies with subsection 39(2) of the PGPA Act.