Nick Sherry (Tasmania, Australian Labor Party, Assistant Treasurer) Share this | Hansard source

This motion is essentially unnecessary. The government has been full and frank about the issues associated with the Change Program, which, I might add, commenced under the former government. It is ultimately administered by the independent ATO. Upon concerns being raised about the program, I acted and instigated the Inspector-General of Taxation review, and I acknowledge Senator Xenophon’s keen interest in the issue. The independent review should be allowed to run its course, without interference from parliament. There are various parliamentary acts under which the inspector-general acts. I would argue that parliament cannot break its own acts of parliament in attempting to instruct the inspector-general, who is fully independent and fully at arm’s length. That was the way the inspector-general was established, by the former government, so that parliament and I as minister could not influence the inspector-general once an inquiry was called. The inspector-general is unequivocally required to maintain the confidentiality of those who give information where this is requested as a result of both the Inspector-General of Taxation Act 2003 and the inspector-general’s public confirmation of this obligation, as set out in his recent advertisements seeking submissions for this inquiry. The former government established that parameter.

In addition, where an ATO employee indicates to the I-G that they have information relevant to the Change Program the inspector-general will formally ask the ATO employee to provide that information. The employee will then have the full protection of section 17 of the Inspector-General of Taxation Act 2003. The timing of the presentation to me of any report is a matter for the inspector-general. It is his decision. The act provides, for good reason, no power to direct a particular time frame. (Time expired)