The chief executive of Australia’s peak suicide prevention body has written to Anthony Albanese’s government expressing concern about new laws requiring tax professionals to disclose mental health issues to their clients, saying “steps must be taken to ensure this does not happen”.
So far, the government is refusing to budge on the issue, potentially creating the bizarre scenario where taxpayers who file their returns with an accountant could find themselves having to detail 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 people who have experienced the traumatic impact that suicide can have on families and communities.
In the letter, obtained by Daily Mail Australia, chief executive Nieves Murray expressed concern about new laws “which may discourage help-seeking among tax professionals,” noting that Suicide Prevention Australia “strongly believes it is important to reduce barriers to seeking support wherever possible.”
Earlier this month, the Labour Party introduced new laws requiring tax professionals to advise their clients on “any matter” that may “significantly influence” 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 “could possibly be relevant” as a matter of disclosure to clients.
But the minister responsible for the new laws, Deputy Treasurer Stephen Jones, dismissed De Cure’s interpretation as “nonsense”.
An initial TPB Q&A to address potential concerns arising from the new laws also cited mental health as something tax professionals may now need to disclose.
Anthony Albanese’s government has introduced new rules that could lead to tax professionals inadvertently disclosing their mental health history to their clients
However, after the government rejected the TPB’s interpretation, that reference was removed from its website, which now says that mental health disclosure will not be required.
But this week, Daily Mail Australia heard a different story when this newspaper called the TPB helpline set up to assist tax professionals with the rules governing their profession.
When asked if mental health should be disclosed under the new laws, they told us: “This falls into the typical grey area of TPB wording. If (mental health) is impacting operations or work for the client, it probably should be disclosed… It would be advisable and is recommended.”
Confusion is a major concern for tax professionals who could be affected by the new laws, as the 13 bodies representing 500,000 tax professionals seek to amend or repeal them.
The Coalition and several independent senators have said they will support repealing the new law, but it is unclear whether they have enough numbers in the Senate to challenge it.
Peter de Cure, chairman of the Tax Practitioners Board (TPB), the body responsible for enforcing the new laws, has said mental health “could be relevant” as a matter to be disclosed to clients. Above, a file image of a woman filing her tax return
Suicide Prevention Australia, in its letter to Stephen Jones, echoed concerns already raised by former Australian of the Year and mental health expert Professor Patrick McGorry, who called on the government to amend its worrying laws.
So far the Labour Party has refused to do so.
In its letter, Suicide Prevention Australia agrees with concerns raised by bodies representing tax practitioners that mental health information could be required when it should not be.
“We agree that this is a possibility and that measures must 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 rectify the problem and “ensure that access to support is made easier”.
As of this writing, Jones’ office has not accepted that offer.
Call Lifeline on 13 11 14 or Beyond Blue on 1300 224 636
