The CEO of Australia’s suicide prevention body has written to the Anthony Albanese government expressing his concerns about new laws requiring tax advisers to disclose mental health issues to their clients, saying “measures must be taken to ensure this does not happen”.
So far, the government has refused to budge on this point, which could lead to the bizarre scenario where taxpayers who have their tax returns prepared by an accountant find themselves in the situation of having to disclose their mental health history.
Suicide Prevention Australia has over 350 members representing 140,000 workers across Australia. It provides a voice for service providers, professionals, researchers and those with lived experience of the traumatic impact suicide can have on families and communities.
In the letter, obtained by Daily Mail Australia, CEO Nieves Murray expressed concerns that the new laws “may discourage tax professionals from seeking help”. He noted that Suicide Prevention Australia “strongly believes it is important to lower barriers to seeking help where possible”.
Earlier this month, the Labour Party introduced new laws requiring tax professionals to advise their clients on “any matter” that could “significantly affect” a client’s decision to engage their services.
Peter de Cure, chairman of the Tax Practitioners Board (TPB), the body responsible for enforcing the new laws, has said mental health “may be relevant” as a topic to be disclosed to clients.
But the minister responsible for the new laws, Assistant Chancellor of the Exchequer Stephen Jones, dismissed De Cure’s interpretation as “nonsense”.
In an initial TPB Q&A addressing potential concerns about the new laws, mental health was also mentioned as something tax advisors may now need to report.
Anthony Albanese’s government has introduced new rules that could inadvertently require tax advisers to disclose their mental health histories to their clients
After the government rejected the TPB interpretation, this reference was removed from the website, now stating that mental health issues no longer need to be disclosed.
But this week, Daily Mail Australia heard a different story when this colophon called the TPB helpline, which has been set up to help tax advisers navigate the rules that apply to their profession.
When asked whether mental health should be disclosed under the new laws, we were told: ‘It falls into the typical grey area of the TPB wording. If [mental health] If it has an impact on the business operations or the work for the client, then it should probably be disclosed… That would be recommended and it is recommended.
The confusion is a major concern for tax advisors who may have to deal with the new laws. The 13 bodies representing 500,000 tax advisors want the laws changed or repealed.
The coalition and a number of independent MPs have indicated they will support the new law, but it is unclear whether they will have enough votes in the Senate to object.
Peter de Cure, chairman of the Tax Practitioners Board (TPB) – the body responsible for enforcing the new laws – has said that mental health “may be relevant” as an issue that should be disclosed to clients. Above is a stock photo of a woman doing her tax return
In its letter to Stephen Jones, Suicide Prevention Australia echoed concerns previously raised by former Australian of the Year and mental health expert Professor Patrick McGorry, who has called on the government to change the worrying laws.
So far, the Labour Party has refused to do this.
In the letter, Suicide Prevention Australia echoes concerns raised by organisations representing tax professionals that disclosure of mental health information may be required when it should not be.
“We agree that this is a possibility and that steps should be taken to ensure that this does not happen.”
The letter ends with an offer from Australia’s peak suicide prevention body to work with the Labor government to solve the problem and “ensure access to support is made easier”.
As of this writing, Jones’ office has not yet accepted that offer.
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