Dear Australian Taxation Office,

I request access to any Internal Procedure Documents, Policy Documents and scripts or instructions provided to ATO Call Center Employees dealing with requests from a Tax Payer to notify an "Address for Service" as defined in the Taxation Administration Act and Income Tax Regulations 1936 - specifically relating to sections 36 through to 40 of the Regulations when a Tax Payer notifies the ATO of an ineffective address for service of documents and notifying of a change of address using an electronic address such as an e-mail.

I make this request informally for release under an administrative decision, however should that be refused I request this information under the Privacy Act.

Yours faithfully,

Keith Owen

Dear FOI,

My original request indicated legislation as the "Income Tax Regulations 1936".

The legislation has of course been repealed and updated to the Taxation Administration Regulations. Although the section numbering is different, the same provisions are covered in the updated regulations.

Yours sincerely,

Keith Owen

Dear FOI,

I note that this request is well overdue.

A request to the Office of the Australian Information Commissioner will now be put forward as a failure to respond within a reasonable time is deemed to be a 'decision' by that office.

Yours sincerely,

Keith Owen

Dear FOI,

The request was amended regarding the updated legislation only - not the actual documents required.

The wording in the new legislation is exactly the same.

Your response is not surprising as these documents detail a systemic misfeasance and are the subject of a current judicial
Process.

A request for an external review will now be raised and your public response here will be submitted as evidence in a public court hearing scheduled for this month!

Yours sincerely,

Keith Owen

Dear FOI,

Rather strange that these documents would be delayed. These are the very same documents requested from the ATO Prosecutor that I have requested - repeatedly - to admit into evidence in a case that goes to trial on the 25th June 2018.

All of these responses for this FOI request in particular will be admitted into evidence.

I have invited a number of media representatives to the hearing :)

Yours sincerely,

Keith Owen

Dear FOI,

While I appreciate your response, part of the information requested was not provided.

Specifically:

scripts or instructions provided to ATO Call Center Employees dealing with requests from a Tax Payer to notify an "Address for Service"

While your response detailing the internal instructions is great, you have left out the 'script' that ATO Call Center employees are to follow when responding to Tax Payers who attempt to nominate an address for service as an e-mail address.

I thus would like you to review my request internally. I am aware that such a script exists, I have been advised of this by an ATO employee and I have a call recording evidencing this.

Yours sincerely,

Keith Owen

Dear FOI,

Rather strange that the one document that is the most important one requested just 'got missed'!

I'll tell you why.

The Internal script instructs ATO Call Center employees to deny Tax Payers the ability to update their 'Address for Service" as their e-mail address, thus not applying the provisions of the Taxation Administration Regulations.

The thing is, even if a Tax Payer needs to do this, the ATO commits a major systemic misfeasance, by not applying the legislation as they should, then prosecutes Tax Payers after they do this!

The court case this coming Monday will 'out' the ATO for this misfeasance.

I am not surprised that this document was 'left out'.

Yours sincerely,

Keith Owen