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Ombudsman warns ATO over bias in tax process
Bias in tax administration has again come to light, with the Tax Ombudsman giving the ATO quite a rebuke.
In its just-published report of a review of the system, the Tax Ombudsman has warned that unchecked bias in tax administration can have serious consequences for taxpayers.
It has found the Australian Taxation Office (ATO) should do more to manage the risk.
The review was initiated after an investigation into historical allegations of ATO maladministration involving bias and prejudice.
It examined whether the ATO’s current processes, guidance and training prevented bias or prejudice from influencing its decisions, particularly where they can significantly affect a person’s livelihood.
A review of the ATO’s management of a complex and long-running case, along with a follow-up review, considered broader systemic risks of bias or prejudice in the ATO’s decision-making and inappropriate disclosures of taxpayer information.
It examined whether the failings identified in the historic case could occur now and whether the ATO’s current controls were effective in mitigating such risks.
Tax Ombudsman Ruth Owen said the review found that while the ATO had strengthened its controls to improve decision-making in response to weaknesses identified 10 to 15 years ago, there remains plenty of room for improvement.
“The ATO has improved how it makes decisions about taxpayers in recent years; however, this review shows there’s more to be done, particularly by explicitly recognising bias as a risk and strengthening controls so they are embedded in the ATO’s everyday processes,” she said.
“Guarding against bias is not a set-and-forget exercise. It requires ongoing vigilance, regular review, and a willingness to continually challenge assumptions as circumstances, data, and risks evolve.
“The community expects the ATO to act impartially, lawfully, objectively and without bias or prejudice, regardless of a taxpayer’s past behaviour or history.
“The ATO’s decisions must always be based on evidence, applied fairly and regularly checked against the risk of bias.”
Ms Owen said she was also concerned about the ATO breaking its own rules or processes because it believes it is acting in the public interest.
She said she had heard concerns from taxpayers and tax professionals that once a taxpayer is labelled as “bad” it is difficult for them to remove that label, and this could ultimately undermine public confidence in the ATO’s impartiality.
The review found some of the ATO’s processes were not designed to counter bias, meaning staff were not explicitly prompted to consider the risk of bias in their decision-making and to retain an open mind in considering the facts.
Bias and prejudicial conduct can impact tax administration in many ways, she said. For example, officers may depart from procedures or the law to reach a predetermined outcome because they believe they are acting in a “noble cause”.
Alternatively, investigators can give too much weight to past compliance behaviours instead of looking at current evidence with fresh eyes.
“While bias exists in all organisations, the risk is heightened in teams regularly dealing with non-compliance or suspected wrongdoing,” Ms Owen said.
“Strong bias controls are not about second-guessing ATO officers; they are about protecting people from avoidable harm, supporting good decision-making and maintaining public confidence in the tax system.”
The review has made two recommendations to the ATO:
- Assure itself and the community that its controls against bias and prejudice in compliance and enforcement actions and decision-making are working effectively, and
- Develop and implement a plan to address identified gaps in bias controls, including strengthening explicit bias checks, training, assurance guidance, data and monitoring, and the language used in disclosures.
Given the nature of the topic that was reviewed and the ombudsman’s specific focus on the ATO’s internal controls, it did not seek broad public input for the review. Instead, it undertook targeted consultation with selected tax professionals and associations.
The ATO has accepted both recommendations.
“The ATO welcomes this report and its contribution to maintaining community confidence in fair, objective and evidence-based tax administration,” Second Commissioner of Taxation, Jeremy Hirschhorn, said in the ATO’s response.
“We recognise that public trust in the tax and superannuation systems depends on confidence that ATO decisions are made impartially, consistently and in accordance with the law.
“We are pleased that the review recognises the significant controls already in place within the ATO to support objective decision-making and manage bias.
“We welcome the opportunity to build on those foundations and reinforce community confidence in the integrity of our decisions and actions. The ATO agrees with both recommendations in the report.”
The Tax Ombudsman will monitor the ATO’s progress in responding to her recommendations.
Original Article published by Chris Johnson on Region Canberra.








