CHAIR of the Tax Practitioners Board (TPB), Ian Taylor, has today welcomed the decision of the Federal Court in the most recent case of Philip Ham.

Mr Ham was sued by a former client for breaches of ‘fiduciary obligations’ or trust after he derived millions of dollars from the sale of land in which his former client had an interest. He was later disciplined by his professional association and was excluded from membership but failed to disclose these issues to the TPB.

In 2017, the Administrative Appeals Tribunal (AAT) affirmed the TPB decision to reject Mr Ham’s renewal application for registration, determining his conduct was "inconsistent with the qualities of moral soundness, uprightness and honesty that one would expect of a tax agent". Mr Ham pursued his case with an appeal to the Federal Court.

Justice Logan dismissed the appeal on Friday and upheld the AAT decision which affirmed the TPB’s rejection of Mr Ham as a tax agent as he was not a "fit and proper person".

Mr Taylor said the Federal Court’s decision confirms the high ethical and professional standards expected of a trusted adviser like a tax practitioner.

"This case is an important reminder for all members of the tax profession to act with competence and integrity, to ensure that the community, the TPB and the ATO can have confidence that services are provided with professionalism," Mr Taylor said.

"Tax practitioners are engaged by three quarters of individual Australian taxpayers and entrusted to manage their tax affairs in compliance with the law. It’s important that agents respect the mutual trust between client, agent and the TPB, and act properly to protect the public and to ensure the integrity of the tax system."

Mr Taylor added that the TPB takes these matters seriously, with around 400 current investigations into tax practitioners across Australia.

"This is particularly important following ATO research linking some tax practitioners with overclaimed deductions, tax avoidance and evasion."

Mr Taylor urged taxpayers with concerns about their tax practitioners’ services to contact the TPB at www.tpb.gov.au/complaints

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PRO BONO Australia has launched the call for responses for its seventh annual Salary Survey. 

The survey acts as a source of vital benchmarking data for key roles within the social sector, as well as executive and manager remuneration comparisons, professional development trends and remuneration policies implemented by organisations across the social sector. 

This year’s salary survey aims to collect insights into remuneration trends, employee engagement and workplace benefits, including salary sacrificing and superannuation contributions. 

Pro Bono Australia CEO and founder, Karen Mahlab said that the annual Salary Survey has become a trusted piece of Australia's social sector infrastructure by providing critical information to guide boards, management and individuals who want to be paid, and pay fairly. 

“We are calling again for the not-for-profit sector to participate in this seven-minute survey. The survey is the largest and most comprehensive remuneration report of its kind, providing extensive and practical information on selecting appropriate benchmarks and building a remuneration framework for Australia’s not-for-profit sector.” Mahlab said. 

“We thank all those who have trusted us with their information in the past and encourage those who haven’t to fill out this short survey for our common benefit.” 

Kim Kelloway, HLB Mann Judd head of clients and markets, said they were proud to partner Pro Bono Australia Salary Survey for the fifth consecutive year. As specialised not for profit advisers, HLB Mann Judd collaborates with organisations to make an impact and advance their mission. 

HESTA is a national industry super fund dedicated to health and community services and has been for more than 31 years. HESTA has more than 860,000 members and $60 billion in assets, and joins Pro Bono Australia to help deliver a comprehensive salary survey. 

Beveridge Consulting, which partners with organisations to drive business results through workshops, conference sessions, remuneration consulting and candidate assessment, will again provide the rigorous survey analysis and compilation. 

Participants who complete the survey will have access to 50 percent off the report upon its release in April, and will also go in the draw to receive $500 to be donated by Pro Bono Australia to the charity of their choice. 

The salary survey results will be published in April 2019. All responses will be kept strictly confidential. 

The survey can be found online at https://www.surveymonkey.com/r/TWDYQPB.  

All not-for-profit employees are urged to contribute. 

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QUEENSLAND's coal exports have been the star performer for the state’s exports over the last two years, taking the title as Queensland’s most valuable export earner.

Queensland Resources Council chief executive Ian Macfarlane said coal exports had been consistently delivering for the state in a run that stretches back to December 2016.

“Queensland’s coal industry is our economic powerhouse. And its run at the top dates back to December 2016. Every single month since then, coal has recorded the largest increase in value for Queensland commodity exports,” Mr Macfarlane said.

“That’s 22 months back-to-back in which the coal industry has taken gold for all Queenslanders.

“And that’s money in the bank for the State Government and for the people of Queensland.

“The most recent stats from the ABS show coal was worth $34.3 billion dollars to Queensland for the year through to September," he said.

“Our coal exports are on track to deliver a huge windfall for the State Government. Coal royalties are already forecast to be a record $3.76 billion dollars. The Palaszczuk Government’s budget is banking on total royalties from minerals and LNG to reach $4.32 billion. But on current figures, they’ll be even higher.”

The Queensland budget assumed thermal coal prices for this financial year to be US$89 a tonne. The latest thermal coal spot price was $US100 a tonne. Similarly, the budget assumes a coking coal price of US$161 a tonne, but the most recent trading value was US$225 a tonne.

“The consistent returns from the Queensland resources industry fund schools, roads and hospitals, and are particularly important at a time when rural exports have hit a rough patch,” Mr Macfarlane said.

“On top of this record return for Queenslanders, there are about 300,000 people who work in the resources sector, either directly or in associated industries.

“It is essential that we have stable and reliable regulation for our resources sector to continue to attract the investment that builds our state and delivers for every Queenslander.”

www.qrc.org.au

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