• Inter-Agency Phoenix Forum minutes - 18 February 2015

    Meeting details

    Venue:

    ATO
    737-747 Collins Street
    MELBOURNE

     

     

    Date:

    18 February 2015

     

     

    Start:

    10:00am

    Finish:

    1:30pm

    Chair:

    Bruce Collins

     

     

    Contact and Secretariat:

    Kay Johnston

    Contact phone:

    (02) 4923 1751

    Attendees

    Australian Taxation Office (ATO)

    • Michael Cranston, PGH, Deputy Commissioner
    • Bruce Collins, PGH, Assistant Deputy Commissioner
    • Michael Seddon, PGH Phoenix, Director
    • Debbie Rawlings, ITX, Assistant Commissioner
    • Kay Johnston, PGH, Phoenix Risk & Intelligence (Secretariat)
     

    Australian Business Register (ABR)

    • John Madelly, ABR, Senior Director
     

    Australian Crime Commission (ACC)

    • Richard Grant, ACC, National Manager, Target Development
    • David Ross, ACC, Head of Determination, Targeting Criminal Wealth
     

    Australian Federal Police (AFP)

    • Nicholas McTaggart, AFP, Detective Superintendent, Criminal Assets Confiscation Taskforce, Serious & Organised Crime
     

    Australian Securities & Investments Commission (ASIC)

    • Brett Bassett, ASIC, Regional Commissioner QLD, Senior Executive Leader, Small Business Compliance & Deterrence
    • Joe Zubcic, ASIC, Senior Manager, Small Business Compliance & Deterrence
     

    Clean Energy Regulator (CER)

    • Dean Smeulders, CER, manager, Regulatory Strategy Intelligence Branch
     

    Department of Employment

    • Sue Saunders, Branch Manager, Employee Entitlements Branch Justin Bell, Director, Quality Assurance
     

    Department of Human Services (DHS)

    • Kathy Dube, DHS, Assistant Director, Intelligence Analysis Unit
     

    Department of Immigration (IMMI)

    • Angelo Fitsioris, IMMI
     

    Department of the Environment

    • Matthew Dutkiewicz, Assistant Secretary, Environment Standards Branch
     

    Fair Work Ombudsman (FWO)

    • Anthony Fogarty, Director, Government & Parliamentary Policy
     

    Office of the Migration Agents Registration Authority (MARA)

    • Dora Chin-Tan
     

    State Revenue Office VIC (SRO VIC)

    • Christian Birke, Team Leader, Investigations Branch
     

    Office of State Revenue NSW (OSR NSW)

    • Jim Ormiston, Assistant Director, Operations
     

    Guests

    Australian Taxation Office

    • Melinda Balkin, ATO, Director, Service Delivery (Debt)
    • Lucy Libertone, ATO, Assistant Commissioner, PGH, Strategy & Implementation
    • Nathan Pain, PGH, Technical Excellence Services
    • Michelle McQuay, PGH, Marketing & Communications
    • David Andersen, PGH, Phoenix Active Compliance
     

    Australian Federal Police

    • Erica Merran, AFP, Detective Acting Superintendent, Coordinator Fraud & Anti-Corruption Centre, Crime Operations
     

    Clean Energy Regulator

    • Greg Wilson, CER, Manager, Investigations, Investigations & Enforcement Branch, Reporting & Carbon Market Division
     

    Department of Immigration

    • Niall Walsh, IMMI
     

    Fair Work Ombudsman

    • Aaron Rilstone, FWO
     

    Office of State Revenue NSW

    • Jane Dudley, OSR NSW
     

    Melbourne University

    • Helen Anderson, Associate Professor, Melbourne Law School
     

    Monash University

    • Michelle Welsh
     

    PWC

    • Zac Hatzantonis, Director
     

    Apologies

    Australian Taxation Office

    • Brett Martin, ATO, ITX, Senior Assistant Commissioner
    • Cameron Sorensen, ATO, Assistant Commissioner, Service Delivery (Debt)
     

    Australian Business Register

    • John McAlister, ABR, Assistant Registrar
     

    Australian Federal Police

    • Linda Champion, AFP, Manager, Fraud & Anti-Corruption
    • Brett James, AFP
     

    Department of Employment

    • Justin Bell, Director, Quality Assurance
     

    Department of Human Services

    • Andrew Wilson, DHS, Assistant Director, Intelligence Section, Serious Non-Compliance Business Integrity Division
     

    Department of Immigration

    • Nigel Muir, IMMI
     

    Department of the Environment

    • Matthew Dadswell, ENV, Assistant Secretary, Environment Standards Branch
     

    Fair Work Building & Construction (FWB&C)

    • Peter Darlaston, State Director, Field Operations (NSW & ACT)
     

    Migration Agents Registration Authority

    • Steve Ingram, CEO
     

    Agenda items

    Key messages

    Members agreed to focus on information sharing and communications strategies in relation to the phoenix risk, across agencies.

    1. Introduction and welcome

    Bruce Collins (ATO - Chair) welcomed all attendees to the meeting.

    Acceptance of previous minutes and action items to be discussed following external presentations.

    2. Melbourne University presentation

    Helen Anderson is an Associate Professor at Melbourne Law School who teaches and researches Corporate Law.

    Her particular interest is insolvency and protecting vulnerable parties affected by business collapse, including employees.

    She is part of a team of academics funded by the Australian Research Council investigating ways to combat illegal phoenix activity.

    Forum members agreed that they are committed to providing whatever high level data is necessary to enhance the content of the Melbourne University report/s.

    Find out more

    For a copy of the presentation, contact the Secretariat.

    End of find out more

    3. PwC presentation

    Zac Hatzantonis is a Director in the Economics and Policy team and has almost 20 years of public sector experience. Prior to joining PwC, Zac spent over 10 years in senior public sector roles in both the Victorian Department of Premier and Cabinet and in Treasury and Finance where she gained extensive experience in public policy development, project management and program and policy review and evaluation. Zac is regularly engaged by Government clients to assist them with business case development, economic and financial impact modelling and complex program evaluations.

    The ATO, ASIC & FWO will work together to investigate whether there is an opportunity to conduct further work around the economic modelling in the first FWO report.

    Find out more

    For a copy of the presentation, contact the Secretariat.

    End of find out more

    4. Previous minutes/outstanding action items

    • Previous minutes to be distributed.
    • Action items discussed.

    5. Phoenix Taskforce (Bruce Collins)

    • Need to publicly state membership of the Taskforce – who are the participating agencies – information sharing Taskforce.
    • Discussion around the interaction of the Inter Agency Phoenix Forum (IAPF) and the Taskforce.
    • ATO to provide administrative infrastructure.
    • IAPF charter needs to be updated to accurately reflect the interaction of the IAPF with the Taskforce.
    • Discussion around need to MOU vs Letters of Exchange with each agency – agreed Letters of Exchange would take place.
    • On-disclosure could be an issue with some member agencies – possibility that ATO could quarantine that data.

    Action item

    Description

    Responsibility

    2015.1

    Update IAPF Charter to accurately reflect the interaction of the IAPF with the Taskforce.

    Nathan Pain - ATO

    2015.2

    Prepare Letters of Exchange for all participating agencies.

    Nathan Pain - ATO

    2015.3

    Notify Nathan Pain (ATO) if your agency has an on-disclosure issue with regard to any data that they may provide – this will need to be factored into the Taskforce documentation and management.

    All Taskforce agencies

    6. Taskforce Strategy (Bruce Collins)

    Michael Seddon (ATO) raised the possibility of each agency providing a list of their Top 50 phoenix operators with a view to the ATO collating to establish where the cross-agency hits occur.

    This will enable greater discussion from a whole of government perspective and strategies can be developed.

    May consider an industry based approach if that is deemed to be appropriate eg. Building and construction, agriculture.

    Each agency to provide their Top 50 phoenix operators to ATO.

    Each agency to provide dot points on what could be done quickly to harden the game from their perspective.

    Action item

    Description

    Responsibility

    2015.4

    Provide a list of Top 50 phoenix operators to Michael Seddon (ATO) in excel format by 1/4/15.

    Contact Michael Seddon (03) 9215 3396 to discuss further if necessary.

    All Taskforce agencies

    2015.2

    Each agency to provide dot points on what could be done quickly to harden the game from their perspective.

    All Taskforce agencies

    7. Taskforce communications (Lucy Libertone)

    • Media release announcing Taskforce will take place in early March.
    • Marketing/advertising is still a few months off – looking at Youtube, Facebook and Twitter.
    • The second phase will be telling the story – what has the taskforce done? ATO looking to collate success stories from all participating agencies.
    • Messaging will have a call to direct action – ie. Tax Evasion Referral Centre
    • All participating agencies to ensure that their own communications content within their agency is consistent with the Taskforce messaging.

    Action item

    Description

    Responsibility

    2015.6

    All participating agencies to ensure that their own communications content within their agency is consistent with the Taskforce messaging.

    All Taskforce agencies

    8. Wrap up and close

    The details of the next meeting are tabled below.

    Date

    Wednesday 6 May 2015

    Time

    10.00am - 01.00pm

    Place

    ATO
    52 Goulburn Street
    Sydney

      Last modified: 29 May 2015QC 45360