**NEW** - Information for 2020/21 tax returns
The administrators have developed information for claimants to assist with completion of their Australian income tax returns for the financial year ended 30 June 2021. The information is different depending on whether you are an Australian resident for income tax purposes or you are a resident of another country for income tax purposes.
This is a general explanation of the Stolen Wages distributions that are subject to Australian income tax. We have not considered the tax implications for non-residents in their countries of residence. We cannot provide personal taxation advice to individual claimants. Each claimant should seek their own independent tax advice.
The settlement sum received from the Queensland Government was invested pending the receipt of claims form and other relevant information from claimants, and the final determination of eligibility. In accordance with advice from the ATO in the public ruling CR 202/47 dated 9 September 2020, claimants and registered representatives' share of the net settlement sum paid by the Queensland Government is not subject to income tax. Tax is however payable on the interest earned on settlement sum.
Financial year ended 30 June 2020 - the administrators were responsible for paying income tax on the net interest earned by the Stolen Wages Settlement Distribution Scheme (“the Scheme”) during the financial year ended 30 June 2020.
Financial year ended 30 June 2021 - the claimants and registered representatives are responsible for paying income tax on the net interest earned by the Scheme during the financial year ended 30 June 2021.
The administrators have advised the ATO of net taxable interest, tax file number withholding credits and non-resident withholding tax (if any) amounts distributed to claimants. This information can be accessed from your MyGov account (if linked to the ATO), or your tax agent can obtain this information for you, to assist with completion of your 2021 income tax return.
Detailed information about the tax payable along with some examples can be found under the FAQ tab under, DO I HAVE TO PAY TAX ON A STOLEN WAGES PAYMENT?
This is a general explanation of the Stolen Wages distributions that are subject to Australian income tax. We have not considered the tax implications for non-residents in their countries of residence. We cannot provide personal taxation advice to individual claimants. Each claimant should seek their own independent tax advice.
The settlement sum received from the Queensland Government was invested pending the receipt of claims form and other relevant information from claimants, and the final determination of eligibility. In accordance with advice from the ATO in the public ruling CR 202/47 dated 9 September 2020, claimants and registered representatives' share of the net settlement sum paid by the Queensland Government is not subject to income tax. Tax is however payable on the interest earned on settlement sum.
Financial year ended 30 June 2020 - the administrators were responsible for paying income tax on the net interest earned by the Stolen Wages Settlement Distribution Scheme (“the Scheme”) during the financial year ended 30 June 2020.
Financial year ended 30 June 2021 - the claimants and registered representatives are responsible for paying income tax on the net interest earned by the Scheme during the financial year ended 30 June 2021.
The administrators have advised the ATO of net taxable interest, tax file number withholding credits and non-resident withholding tax (if any) amounts distributed to claimants. This information can be accessed from your MyGov account (if linked to the ATO), or your tax agent can obtain this information for you, to assist with completion of your 2021 income tax return.
Detailed information about the tax payable along with some examples can be found under the FAQ tab under, DO I HAVE TO PAY TAX ON A STOLEN WAGES PAYMENT?
**NEW** - Update on finalisation of Stolen Wages administration
In December 2020, it was announced that the Stolen Wages Settlement Distribution Scheme would be concluded in January 2021, including the lodgement of tax returns for the scheme and the distribution of any surplus funds after the finalisation of the scheme.
A ruling from the Australian Taxation Office (ATO) was required before the administrators could lodge the tax return for the Stolen Wages Settlement Distribution Scheme and finalise the scheme. On 25 November 2020, the administrators lodged with the ATO a request for a binding private ruling in relation to the tax payable by the administrators (not claimants), including claiming GST input tax credits. An application was also made to the ATO for an Australian Business Number (ABN). It was expected that a decision would be made by the ATO by January 2021 and the administration could be finalised. Unfortunately, the decision of the ATO and the issue of the binding private ruling was significantly delayed, along with the finalisation of the Stolen Wages Settlement Distribution Scheme.
On 5 July 2021, the ATO issued its binding private ruling. The ruling is complicated and lengthy but in summary the ATO has ruled:
As advised in the newsletter on 4 December 2020, if when the binding private ruling is made by the ATO and the Stolen Wages Settlement Distribution Scheme is finalised there are any surplus funds, the administrators may make a further very small payment to claimants and registered representatives, or seek directions from the Federal Court regarding the distribution of any surplus funds. A decision will be made when the binding private ruling is made by the ATO.
A number of Papua New Guinean (PNG) claimants and registered representatives provided bank accounts registered in a different name. Unlike Australian banks, under Papua New Guinean law, the local banks reject payments unless the name of the payee (the person being paid money) is exactly the same as the name of the bank account. Four batches of payments (all dates are listed below further down on this page and on the FAQ tab on this website) have been made to PNG claimants and registered representatives, including three batches of re-payments when a claimant or registered representative has advised of amended bank account details. A number of payments have been rejected by PNG banks on multiple times and the administrators are unable to continue to process payments to those claimants and registered representatives and these payments may be treated as unclaimed payments. PNG claimants and registered representatives with rejected payments should speak to their bank in PNG about the requirements of their bank.
Please note that the Stolen Wages Information Centre permanently closed in December 2020. Any updates about the finalisation of the Stolen Wages Settlement Distribution Scheme will be provided via the Stolen Wages website only and cannot be provided via telephone.
20 July 2021
A ruling from the Australian Taxation Office (ATO) was required before the administrators could lodge the tax return for the Stolen Wages Settlement Distribution Scheme and finalise the scheme. On 25 November 2020, the administrators lodged with the ATO a request for a binding private ruling in relation to the tax payable by the administrators (not claimants), including claiming GST input tax credits. An application was also made to the ATO for an Australian Business Number (ABN). It was expected that a decision would be made by the ATO by January 2021 and the administration could be finalised. Unfortunately, the decision of the ATO and the issue of the binding private ruling was significantly delayed, along with the finalisation of the Stolen Wages Settlement Distribution Scheme.
On 5 July 2021, the ATO issued its binding private ruling. The ruling is complicated and lengthy but in summary the ATO has ruled:
- the Stolen Wages Settlement Distribution Scheme is not carrying on an enterprise (business) and the administrators cannot claim GST input tax credits
As advised in the newsletter on 4 December 2020, if when the binding private ruling is made by the ATO and the Stolen Wages Settlement Distribution Scheme is finalised there are any surplus funds, the administrators may make a further very small payment to claimants and registered representatives, or seek directions from the Federal Court regarding the distribution of any surplus funds. A decision will be made when the binding private ruling is made by the ATO.
A number of Papua New Guinean (PNG) claimants and registered representatives provided bank accounts registered in a different name. Unlike Australian banks, under Papua New Guinean law, the local banks reject payments unless the name of the payee (the person being paid money) is exactly the same as the name of the bank account. Four batches of payments (all dates are listed below further down on this page and on the FAQ tab on this website) have been made to PNG claimants and registered representatives, including three batches of re-payments when a claimant or registered representative has advised of amended bank account details. A number of payments have been rejected by PNG banks on multiple times and the administrators are unable to continue to process payments to those claimants and registered representatives and these payments may be treated as unclaimed payments. PNG claimants and registered representatives with rejected payments should speak to their bank in PNG about the requirements of their bank.
Please note that the Stolen Wages Information Centre permanently closed in December 2020. Any updates about the finalisation of the Stolen Wages Settlement Distribution Scheme will be provided via the Stolen Wages website only and cannot be provided via telephone.
20 July 2021
Webinar for Stolen Wages claimants and registered representatives
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This webinar provides an overview of important information for people receiving a Stolen Wages payment. It is presented by the Australian Securities and Investments Commission's Indigenous Outreach Program and includes a presentation by Anthony Beven, one of the administrators of the Stolen Wages Settlement Distribution Scheme.
Part one of the webinar covers information on the Settlement Distribution Scheme, tax information, information about Centrelink and child support, as well as tenancy support information, and guidance for people who are currently bankrupt. Part two includes information about spending payments and making the money work for recipients and their families. It includes making a money plan, paying off debts, tips and tricks when making big purchases, funerals, investing basics, scams, and family disputes and financial abuse. |
Click on the image of the webinar to view.
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The Stolen Wages Information Centre is now permanently closed
The Stolen Wages Information Centre is now closed and the call centre number is no longer operating or monitored.
Registrations for the Stolen Wages Settlement closed on 21 November 2019 and payments have been made to all eligible claimants and registered representatives.
The Stolen Wages Settlement Distribution Scheme will be concluded in January 2020, including the lodgement of tax returns for the scheme. If there are any surplus funds after the finalisation of the scheme, the administrators may make a further very small payment to eligible claimants or registered representatives (this is not a new round of payments or registrations) or seek directions from the Federal Court regarding the distribution of the surplus funds.
For further information about the Stolen Wages Settlement refer to the FAQ tab on this website. Alternatively, you can email stolenwages@au.gt.com but please note this email address is not monitored regularly now that the Stolen Wages Information Centre is closed and it may take some time to provide a response.
Thank you once again to all those that assisted in the historic Stolen Wages Settlement.
Registrations for the Stolen Wages Settlement closed on 21 November 2019 and payments have been made to all eligible claimants and registered representatives.
The Stolen Wages Settlement Distribution Scheme will be concluded in January 2020, including the lodgement of tax returns for the scheme. If there are any surplus funds after the finalisation of the scheme, the administrators may make a further very small payment to eligible claimants or registered representatives (this is not a new round of payments or registrations) or seek directions from the Federal Court regarding the distribution of the surplus funds.
For further information about the Stolen Wages Settlement refer to the FAQ tab on this website. Alternatively, you can email stolenwages@au.gt.com but please note this email address is not monitored regularly now that the Stolen Wages Information Centre is closed and it may take some time to provide a response.
Thank you once again to all those that assisted in the historic Stolen Wages Settlement.
Payments have been made
The Stolen Wages Settlement Distribution Scheme requires payments to eligible claimants and registered representatives to be made prior to 6 December 2020. We have been able to commence payments early and these are being staggered to reduce the impact in communities on stores, banks and social services. The scheduled date of payments are set out below:
The distribution statement sent to all claimants and registered representatives in October 2020 set out the bank account nominated by claimants and registered representatives and the amount of their payment. Claimants and registered representatives should refer to their distribution statement to confirm the bank account they nominated to receive their payment.
In some cases the nominated bank account of a claimant or registered representative set out on their distribution statement was incorrect, invalid or closed and the payment was returned to the administrators. Where the Stolen Wages Information Centre was able to contact the claimant or registered representative and obtain a valid bank account, a payment to the valid bank account was processed on 23 December 2020. If a valid bank account was not subsequently provided, the returned payment will be treated as unclaimed monies and dealt with in accordance with the Stolen Wages Settlement Distribution Scheme (paid to the court approved Aboriginal and Torres Strait Islander charity).
When a payment is available in a claimant or registered representative's bank account will depend on the payment processing times of each bank. The Stolen Wages Information Centre is unable to answer questions about when a bank will deposit a payment into a bank account and claimants and registered representatives should direct any such questions to their bank.
Claimants and registered representatives requiring help with budgeting, saving, dealing with debts, Centrelink payments and basic tax questions can call Cape York Partnership on 0497 473 589 or The National Debt Helpline on 1800 007 007.
Registrations closed on 21 November 2019 and no new registrations can be accepted.
We thank all claimants and registered representatives, and the people and organisations that supported them, with their patience during the administration of the Stolen Wages Settlement Distribution Scheme and the processing of payments. We also acknowledge Mr Hans Pearson and his wife, and Bottoms English Lawyers for the work they undertook over many years that has resulted in payments to over 11,000 Aboriginal and Torres Strait Islander people affected by the Stolen Wages practices.
- Claimants and registered representatives with surnames S - Z: Monday, 30 November 2020
- Claimants and registered representatives with surnames N - R: Tuesday, 1 December 2020
- Claimants and registered representatives with surnames H - M: Wednesday, 2 December 2020
- Claimants and registered representatives with surnames C - G: Thursday, 3 December 2020
- Claimants and registered representatives with surnames A - B: Friday, 4 December 2020
- Non-resident claimants and registered representatives (foreign residents): Monday, 14 December 2020
- Claimants and registered representatives without a registered bank account: Monday, 14 and 29 December 2020
- Incorrect, invalid and closed bank accounts - reprocessed payments if a valid bank account was subsequently provided to the Stolen Wages Information Centre: 22 December 2020.
- PNG claimants and registered representatives that provided an incorrect, invalid or closed bank account - reprocessed payments if an updated bank account was subsequently provided to the Stolen Wages Information Centre: 3 February 2021
- PNG claimants and registered representatives that provided an incorrect, invalid or closed bank account - reprocessed payments if an updated bank account was subsequently provided to the Stolen Wages Information Centre: 8 February 2021
- PNG claimants and registered representatives that provided an incorrect, invalid or closed bank account - reprocessed payments if an updated bank account was subsequently provided to the Stolen Wages Information Centre: 17 February 2021.
The distribution statement sent to all claimants and registered representatives in October 2020 set out the bank account nominated by claimants and registered representatives and the amount of their payment. Claimants and registered representatives should refer to their distribution statement to confirm the bank account they nominated to receive their payment.
In some cases the nominated bank account of a claimant or registered representative set out on their distribution statement was incorrect, invalid or closed and the payment was returned to the administrators. Where the Stolen Wages Information Centre was able to contact the claimant or registered representative and obtain a valid bank account, a payment to the valid bank account was processed on 23 December 2020. If a valid bank account was not subsequently provided, the returned payment will be treated as unclaimed monies and dealt with in accordance with the Stolen Wages Settlement Distribution Scheme (paid to the court approved Aboriginal and Torres Strait Islander charity).
When a payment is available in a claimant or registered representative's bank account will depend on the payment processing times of each bank. The Stolen Wages Information Centre is unable to answer questions about when a bank will deposit a payment into a bank account and claimants and registered representatives should direct any such questions to their bank.
Claimants and registered representatives requiring help with budgeting, saving, dealing with debts, Centrelink payments and basic tax questions can call Cape York Partnership on 0497 473 589 or The National Debt Helpline on 1800 007 007.
Registrations closed on 21 November 2019 and no new registrations can be accepted.
We thank all claimants and registered representatives, and the people and organisations that supported them, with their patience during the administration of the Stolen Wages Settlement Distribution Scheme and the processing of payments. We also acknowledge Mr Hans Pearson and his wife, and Bottoms English Lawyers for the work they undertook over many years that has resulted in payments to over 11,000 Aboriginal and Torres Strait Islander people affected by the Stolen Wages practices.
Extension of time for documents and distribution statements, and information about claimants that passed away after 21 November 2019
The Federal Court has extended the time for claimants and registered representatives to provide claim data to the administrators to 5.00pm on 9 October 2020. His Honour Justice Murphy made the order on 8 September 2020 and a copy of the order and updated settlement distribution scheme are available under the DOCUMENTS tab.
Claimants and registered representatives now have extra time to provide their address, bank account details and identity verification document (photo ID) to the Stolen Wages Information Centre. The list of suitable identity verification documents can be found under the FAQ tab. If an address, bank account details and identity verification document (photo ID) are not provided to support a claim a claimant or registered representative may not receive a payment.
Most claimants and registered representatives have already provided their claim data. The administrators will be writing to and contacting those that haven't to tell them that they have until 9 October 2020 to provide any missing claim data, such as address, bank account details and identity verification (photo ID).
Distribution statements will now be sent to all eligible claimants and registered representatives by 30 October 2020. The distribution statements will set out the estimated amount that each claimant and registered representative will receive.
The Federal Court did not extend the time for the payments to eligible claimants and registered representatives and the administrators still expect to make payments by 6 December 2020.
Some Claimants that registered a claim before 21 November 2019 have unfortunately passed away and they did not have a will. The Federal Court has amended the Stolen Wages Settlement Distribution Scheme to allow a living spouse (husband or wife), or if there is no living spouse, a living child to register to continue the claim of the deceased Claimant. No other relatives are eligible to register to continue such a claim. A living spouse or living child, if there is no living spouse, must complete a Continuing registration form - deceased Claimant, which is available under the DOCUMENTS tab, and send it and supporting documents to the Stolen Wages Information Centre before 5.00pm on 9 October 2020.
Claimants and registered representatives now have extra time to provide their address, bank account details and identity verification document (photo ID) to the Stolen Wages Information Centre. The list of suitable identity verification documents can be found under the FAQ tab. If an address, bank account details and identity verification document (photo ID) are not provided to support a claim a claimant or registered representative may not receive a payment.
Most claimants and registered representatives have already provided their claim data. The administrators will be writing to and contacting those that haven't to tell them that they have until 9 October 2020 to provide any missing claim data, such as address, bank account details and identity verification (photo ID).
Distribution statements will now be sent to all eligible claimants and registered representatives by 30 October 2020. The distribution statements will set out the estimated amount that each claimant and registered representative will receive.
The Federal Court did not extend the time for the payments to eligible claimants and registered representatives and the administrators still expect to make payments by 6 December 2020.
Some Claimants that registered a claim before 21 November 2019 have unfortunately passed away and they did not have a will. The Federal Court has amended the Stolen Wages Settlement Distribution Scheme to allow a living spouse (husband or wife), or if there is no living spouse, a living child to register to continue the claim of the deceased Claimant. No other relatives are eligible to register to continue such a claim. A living spouse or living child, if there is no living spouse, must complete a Continuing registration form - deceased Claimant, which is available under the DOCUMENTS tab, and send it and supporting documents to the Stolen Wages Information Centre before 5.00pm on 9 October 2020.
Latest news
Stolen Wages Information Centre - high telephone call volumes
At times, the Stolen Wages Information Centre experiences high volumes of telephone calls. We apologise if we are unable to immediately answer your call but we return all calls as quickly as possible.
The following information is provided so that you can assist us to help as many people as possible:
1. During busy periods we may not be able to assist you with some matters, such as the following:
2. Please have your bank account details, telephone number, address and email address ready when you call so we can quickly verify your details. You will need to provide these to us as due to privacy we cannot read your registered details out to you over the phone
3. Please turn off radios, music and TVs when calling so we are able to hear you.
4. Please don't use the speaker function on phones as it is difficult to hear if you use this function. Please speak directly and clearly into your phone.
5. We have a zero tolerance to abuse, bullying or threats. Our staff will immediately terminate calls if they experience inappropriate conduct towards them.
The following information is provided so that you can assist us to help as many people as possible:
1. During busy periods we may not be able to assist you with some matters, such as the following:
- Registrations closed on 21 November 2019 and no new claims can be accepted
- All information and identity verification documents to support a claim must be received by 5.00pm on 9 October 2020. This date is unlikely to be extended and there will not be a second round
- Payments will be made before 6 December 2020 and this advice has not changed since 17 January 2020. No early payments will be made
- The amount that will be paid to each person will be calculated in October 2020 (not earlier) and details will be posted to each claimant and registered representative (for deceased claimants). The amount cannot be provided over the telephone
- Payments will be made to a bank account in nearly all cases
- For reasons of privacy we cannot talk to you about someone else's claim
- We cannot accept change of bank account details over the phone. A bank account details form (on this website under the DOCUMENTS tab) must be completed, signed and returned to the Stolen Wages Information Centre by 9 October 2020
- All claimants and registered representatives (for deceased claimants) must provide an identity verification document (photo ID or birth certificate - the list of suitable ID can be found on this website under the FAQ tab) even if you previously provided it to Bottoms English Lawyers
- Details of community visits and the locations of our offices can be found on this website under the CONTACT US tab.
2. Please have your bank account details, telephone number, address and email address ready when you call so we can quickly verify your details. You will need to provide these to us as due to privacy we cannot read your registered details out to you over the phone
3. Please turn off radios, music and TVs when calling so we are able to hear you.
4. Please don't use the speaker function on phones as it is difficult to hear if you use this function. Please speak directly and clearly into your phone.
5. We have a zero tolerance to abuse, bullying or threats. Our staff will immediately terminate calls if they experience inappropriate conduct towards them.
What is the Stolen Wages Class Action?
The Stolen Wages Class Action proceedings claimed that the Queensland “Protection Acts” in force between 1939 and 1972, required that the wages of Aboriginal and Torres Strait Islander workers to be paid to the protector or superintendent of an Aboriginal or Torres Strait Islander district, reserve, settlement or mission. The Applicant claimed the monies were paid to the protector or superintendent on “trust”, or subject to a fiduciary duty to act with care and control of the money received. It was claimed the Queensland Government breached its duties as trustee, or its duties as a fiduciary, by failing to repay that money to the workers. Read more here.
Community visits - important update
As Queensland communities re-open from the Coronavirus restrictions we are once again visiting communities when we are able to, and when it is safe to do so. Our Yarrabah and Brisbane offices have re-opened and we have already visited Townsville, Cherbourg and Woorabinda.
The dates and locations of our community visits are available on the CONTACT US page on this website. As we confirm new community visits we will add the details to the website, so check regularly to see if and when Stolen Wages Information Centre is coming to your community.
The dates and locations of our community visits are available on the CONTACT US page on this website. As we confirm new community visits we will add the details to the website, so check regularly to see if and when Stolen Wages Information Centre is coming to your community.
Claim statements
Claim statements have now been posted to all claimants and registered representatives of claimants that have passed away. This is a very important document and you will need to read it carefully and in full.
The claim statement is to confirm your details and does not mean that you will receive a payment. Once the details of all registered claims are confirmed we will assess the eligibility of all claims and determine who is eligible to receive a payment.
Please carefully check your claim statement. If any details are incorrect, have changed or are missing, the correct information can be provided by completing the relevant fields on the claim statement, signing the document and returning it to the Stolen Wages Information Centre. If all your details are correct and complete, you do not have to return the claim statement.
****CLOSING DATE for information and supporting documents: 5.00pm on Friday, 28 August 2020.****
By the closing date, claimants and registered representatives will have had more than seven months to provide their information and documents to the Stolen Wages Information Centre. If all required information and documents are not received by the closing date, a claim may not receive a payment. If posting documents, please allow sufficient time for Australia Post to deliver to the Stolen Wages Information Centre before the closing date.
2 June 2020
The claim statement is to confirm your details and does not mean that you will receive a payment. Once the details of all registered claims are confirmed we will assess the eligibility of all claims and determine who is eligible to receive a payment.
Please carefully check your claim statement. If any details are incorrect, have changed or are missing, the correct information can be provided by completing the relevant fields on the claim statement, signing the document and returning it to the Stolen Wages Information Centre. If all your details are correct and complete, you do not have to return the claim statement.
****CLOSING DATE for information and supporting documents: 5.00pm on Friday, 28 August 2020.****
By the closing date, claimants and registered representatives will have had more than seven months to provide their information and documents to the Stolen Wages Information Centre. If all required information and documents are not received by the closing date, a claim may not receive a payment. If posting documents, please allow sufficient time for Australia Post to deliver to the Stolen Wages Information Centre before the closing date.
2 June 2020
Stolen Wages administrators |
Bottoms English Lawyers in Cairns represented Mr Hans Pearson in the Stolen Wages Class Action and have been appointed by the Federal Court as the lawyers for the Settlement Distribution Scheme, the document that sets out how the Stolen Wages settlement monies are to be paid.
The Federal Court on 17 January 2020 also appointed Anthony Beven and Tony Jonsson from Grant Thornton Australia in Cairns to administer the Settlement Distribution Scheme. Their role is to distribute the Stolen Wages settlement monies to eligible claimants. Grant Thornton is one of the world's leading independent accounting, audit, tax and advisory firms. It has more than 1,300 people working in offices in Cairns, Adelaide, Brisbane, Melbourne, Perth and Sydney. Please contact Grant Thornton's Stolen Wages Information Centre (Contact Us) if you have any questions about the Settlement Distribution Scheme. |
