Frequently Asked Questions (FAQ)
HAS THE STOLEN WAGES SCHEME BEEN APPROVED BY THE COURT?
On 17 January 2020, Justice Murphy of the Federal Court of Australia approved the settlement of the Stolen Wages Class Action (QUD714/2016) agreed between the Queensland Government and Mr Hans Pearson (the lead plaintiff). The Queensland Government has agreed to pay $190 million to settle the court proceedings.
The settlement monies are paid to claimants according to a Settlement Distribution Scheme approved by Justice Murphy.
A copy of Justice Murphy’s orders and the Settlement Distribution Scheme are available on the Stolen Wages website, www.stolenwages.com.au under the Documents tab.
The settlement monies are paid to claimants according to a Settlement Distribution Scheme approved by Justice Murphy.
A copy of Justice Murphy’s orders and the Settlement Distribution Scheme are available on the Stolen Wages website, www.stolenwages.com.au under the Documents tab.
WHAT IS THE STOLEN WAGES SETTLEMENT DISTRIBUTION SCHEME?
The Stolen Wages Settlement Distribution Scheme is the document approved by the Federal Court that sets out who is eligible to a payment, how the amount of payments are worked out, when payments are made and how the scheme is administered.
A copy of the Settlement Distribution Scheme document is available on the Stolen Wages website, www.stolenwages.com.au under the Documents tab.
A copy of the Settlement Distribution Scheme document is available on the Stolen Wages website, www.stolenwages.com.au under the Documents tab.
IS IT TOO LATE TO REGISTER?
Registrations for the Stolen Wages scheme closed on 21 November 2019.
The administrators cannot accept late registrations.
No new registrations can be accepted.
Executors of the wills of claimants that have passed away could register with the administrators that they are an executor until 7 May 2020.
The administrators cannot accept late registrations.
No new registrations can be accepted.
Executors of the wills of claimants that have passed away could register with the administrators that they are an executor until 7 May 2020.
WHO IS GRANT THORNTON?
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 Adelaide, Brisbane, Cairns, Melbourne, Perth and Sydney. The Stolen Wages administrators, Anthony Beven and Tony Jonsson are based in Grant Thornton’s Cairns office.
Grant Thornton will be reviewing the eligibility of claims under the Stolen Wages Settlement Distribution Scheme, processing claims and making payments under the scheme to eligible claimants or registered representatives.
Bottoms English Lawyers (BELAW) have transferred the relevant information they have about all registered claimants under the scheme to Grant Thornton. BELAW were appointed by the Federal Court under the Settlement Distribution Scheme as Grant Thornton’s legal advisors and will provide advice and assistance as required throughout the administration process. Grant Thornton has a Stolen Wages Information Centre and all questions about the scheme should now be directed to Grant Thornton. The administrators’ Stolen Wages Information Centre can be contacted at:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
Grant Thornton will be reviewing the eligibility of claims under the Stolen Wages Settlement Distribution Scheme, processing claims and making payments under the scheme to eligible claimants or registered representatives.
Bottoms English Lawyers (BELAW) have transferred the relevant information they have about all registered claimants under the scheme to Grant Thornton. BELAW were appointed by the Federal Court under the Settlement Distribution Scheme as Grant Thornton’s legal advisors and will provide advice and assistance as required throughout the administration process. Grant Thornton has a Stolen Wages Information Centre and all questions about the scheme should now be directed to Grant Thornton. The administrators’ Stolen Wages Information Centre can be contacted at:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
WHO DO I CONTACT ABOUT MY PAYMENT?
Justice Murphy appointed Anthony Beven and Tony Jonsson from Grant Thornton in Cairns as the administrators of the Settlement Distribution Scheme. The administrators’ Stolen Wages Information Centre can be contacted at:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
WHO IS ELIGIBLE TO RECEIVE PAYMENT UNDER THE STOLEN WAGES SETTLEMENT DISTRIBUTION SCHEME?
A full definition of who is eligible to receive a payment is set out in Schedule 3 of the Settlement Distribution Scheme. A copy is available on the Stolen Wages website; www.stolenwages.com.au.
A guide to eligibility under the scheme is set out below. A claimant must all of the listed criteria:
A guide to eligibility under the scheme is set out below. A claimant must all of the listed criteria:
- an eligible claimant must be Aboriginal or Torres Strait Islander
- at any time from 12 October 1939 to 4 December 1972 (the Claim Period), lived in a Queensland Aboriginal or Torres Strait Islander district, reserve, settlement or mission
- was employed or was required to work at any time during the Claim Period and that employment was controlled by the Queensland Government
- registered a claim with Bottoms English Lawyers (BELAW) by 21 November 2019 (Papua New Guineans can still register until 7 February 2020).
WHAT IF A CLAIMANT HAS PASSED AWAY?
If an eligible claimant (born before 4 December 1958) has passed away, their spouse (husband or wife), or if there is no living spouse, a living child, could register for them by 21 November 2019. Children could only register if the deceased claimant had no living spouse. If a spouse or child has registered for a claimant that has passed away, they are called a registered representative.
Multiple spouses or children could register before 21 November 2019 and they are treated as joint registered representatives. Joint registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
Grandchildren or other relatives are not eligible to register for the Stolen Wages Settlement Distribution Scheme for a claimant that has passed away.
Pursuant to clause 25A of the SDS, a payment due to a claimant that dies having executed a legally valid will is to be paid to their executor under the will, provided the executor registered their holding of that office with the administrators by 1 May 2020. If the executor did not register by 4 May 2020, a living spouse, or if there is no living spouse, a living child, could register for the deceased claimant by 21 November 2019.
If an eligible claimant (born before 4 December 1958) registered by 21 November 2019 (Claimant) but passed away after 21 November 2019, a living spouse, or if there is no living spouse, a living child can register with the administrators (via the Stolen Wages Information Centre) to continue the claim of the deceased Claimant. No other relatives are eligible to register to continue such a claim. This only applies to Claimants (born before 4 December 1958 and lodged a claim before 21 November 2019, but passed away after 21 November 2019). It does not apply to Registered Representatives (spouses and children of a Claimant that passed away before 21 November 2019) that registered before 21 November 2019 and have passed away.
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.
Multiple spouses or children could register before 21 November 2019 and they are treated as joint registered representatives. Joint registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
Grandchildren or other relatives are not eligible to register for the Stolen Wages Settlement Distribution Scheme for a claimant that has passed away.
Pursuant to clause 25A of the SDS, a payment due to a claimant that dies having executed a legally valid will is to be paid to their executor under the will, provided the executor registered their holding of that office with the administrators by 1 May 2020. If the executor did not register by 4 May 2020, a living spouse, or if there is no living spouse, a living child, could register for the deceased claimant by 21 November 2019.
If an eligible claimant (born before 4 December 1958) registered by 21 November 2019 (Claimant) but passed away after 21 November 2019, a living spouse, or if there is no living spouse, a living child can register with the administrators (via the Stolen Wages Information Centre) to continue the claim of the deceased Claimant. No other relatives are eligible to register to continue such a claim. This only applies to Claimants (born before 4 December 1958 and lodged a claim before 21 November 2019, but passed away after 21 November 2019). It does not apply to Registered Representatives (spouses and children of a Claimant that passed away before 21 November 2019) that registered before 21 November 2019 and have passed away.
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.
WHO IS A SPOUSE?
A spouse is someone who was married to, or in a de facto relationship with, a claimant that has passed away.
A de facto relationship is a relationship where two people lived together as a couple for at least two years.
A de facto relationship is a relationship where two people lived together as a couple for at least two years.
WHO IS A CHILD?
A child is a person who is a natural child of a claimant, including any illegitimate child, as well as any child who was adopted legally or under Torres Strait Islander traditional adoption.
Torres Strait Islander traditional adoption is where a child was permanently transferred from one family to the claimant’s family, and the child usually remained within the claimant’s extended family and took the surname of the claimant’s family.
Torres Strait Islander traditional adoption is where a child was permanently transferred from one family to the claimant’s family, and the child usually remained within the claimant’s extended family and took the surname of the claimant’s family.
IS A CHILD ADOPTED LEGALLY OR UNDER TORRES STRAIT ISLANDER TRADITIONAL ADOPTION ELIGIBLE?
Adopted children of a deceased claimant are eligible if they registered by 21 November 2019. No new registrations can be accepted.
Adoption includes legal adoption or Torres Strait Islander traditional adoption.
Torres Strait Islander traditional adoption is where a child was permanently transferred from one family to the claimant’s family, and the child remained within the claimant’s extended family and usually took the surname of the claimant’s family.
If a registered representative has been adopted by a deceased claimant under traditional Torres Strait Islander adoption, a family member must complete the Stolen Wages: traditional Torres Strait Islander adoption statutory declaration confirming that the person was adopted and submit it to the Stolen Wages Information Centre. This is a requirement under the Settlement Distribution Scheme. The statutory declaration is available under the DOCUMENTS tab on the website.
Adoption includes legal adoption or Torres Strait Islander traditional adoption.
Torres Strait Islander traditional adoption is where a child was permanently transferred from one family to the claimant’s family, and the child remained within the claimant’s extended family and usually took the surname of the claimant’s family.
If a registered representative has been adopted by a deceased claimant under traditional Torres Strait Islander adoption, a family member must complete the Stolen Wages: traditional Torres Strait Islander adoption statutory declaration confirming that the person was adopted and submit it to the Stolen Wages Information Centre. This is a requirement under the Settlement Distribution Scheme. The statutory declaration is available under the DOCUMENTS tab on the website.
WHO IS A REGISTERED REPRESENTATIVE?
If an eligible claimant has passed away, their spouse, or if there is no living spouse, a living child, could register by 21 November 2019. Children could only register if the deceased claimant had no living spouse. If a spouse or child has registered for a claimant that has passed away, they are called a registered representative.
No new registrations can be accepted from spouses or children of claimants that have passed away, other than from Papua New Guineans who can still register until 7 February 2020.
No new registrations can be accepted from spouses or children of claimants that have passed away, other than from Papua New Guineans who can still register until 7 February 2020.
CAN MULTIPLE SPOUSES OR CHILDREN REGISTER?
Yes. If a claimant has passed away, multiple spouses or children could register before 21 November 2019 and they are treated as joint registered representatives. Children could only register if the deceased claimant had no living spouse.
Join registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
No new registrations can be accepted from spouses or children of claimants that have passed away.
Join registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
No new registrations can be accepted from spouses or children of claimants that have passed away.
WHAT IF A DECEASED CLAIMANT HAD MORE THAN ONE CHILD AND NOT ALL OF THEM REGISTERED BEFORE 21 NOVEMBER 2019?
If a claimant has passed away, their spouse could register for them by 21 November 2019. If the claimant had no living spouse, then their children could register for them as their registered representative by 21 November 2019.
If there is no living spouse and more than one child registers, they are treated as joint registered representatives. Joint registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
The administrator does not have the power to accept late registrations.
If some children of a deceased claimant did not register before 21 November 2019 the administrators cannot make a payment to those children. They should speak to their brother or sister that registered about sharing the payment for their claimant parent.
If there is no living spouse and more than one child registers, they are treated as joint registered representatives. Joint registered representatives will share any payment that the deceased claimant is entitled to under the Settlement Distribution Scheme.
The administrator does not have the power to accept late registrations.
If some children of a deceased claimant did not register before 21 November 2019 the administrators cannot make a payment to those children. They should speak to their brother or sister that registered about sharing the payment for their claimant parent.
CAN A GRANDCHILD OR OTHER RELATIVE REGISTER?
Grandchildren or other relatives are not eligible to register for the Stolen Wages Settlement Distribution Scheme for a claimant that has passed away.
WHEN WILL I BE PAID?
The administrators cannot access the Stolen Wages settlement monies until after the Federal Court appeal period expires on 6 March 2020. If no appeals are made to the Federal Court before 6 March 2020 against the orders of Justice Murphy on 17 January 2020, the Queensland Government will then transfer the settlement monies to the administrators.
The administrators have until 9 October 2020 to verify the identity and eligibility of all claimants and then send a distribution statement to each claimant by 30 October 2020 setting out their details and the estimated amount they will be paid.
Within three months of the administrators sending out distribution statements or after all reviews requested by claimants are completed, whichever is later, the administrators will make payments to claimants.
The administrators will be working as quickly as possible to pay claimants, but the Stolen Wages scheme is large and complicated and there are approximately 12,000 registered claimants to contact. They also need to make sure the settlement monies are going to people that are entitled to the money. Circumstances beyond the administrators’ control may cause delays and the administrators can extend any of the due dates by up to 45 days. The Federal Court may also extend the due dates if necessary.
Timeline (indicative only)
6 March 2020 Appeal period closes
18 March 2020 Queensland Government transfers settlement monies to the administrators
March — September Administrators verify all registered claims
30 October 2020 Distribution statements sent to all claimants with estimate of payment
6 December 2020 Payments made to claimants.
Payments will be staggered to reduce the impact in communities on stores, banks and social services. The 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.
The Stolen Wages Settlement Distribution Scheme will be concluded in January 2021, 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 or seek directions from the Federal Court regarding the distribution of the surplus funds.
The administrators have until 9 October 2020 to verify the identity and eligibility of all claimants and then send a distribution statement to each claimant by 30 October 2020 setting out their details and the estimated amount they will be paid.
Within three months of the administrators sending out distribution statements or after all reviews requested by claimants are completed, whichever is later, the administrators will make payments to claimants.
The administrators will be working as quickly as possible to pay claimants, but the Stolen Wages scheme is large and complicated and there are approximately 12,000 registered claimants to contact. They also need to make sure the settlement monies are going to people that are entitled to the money. Circumstances beyond the administrators’ control may cause delays and the administrators can extend any of the due dates by up to 45 days. The Federal Court may also extend the due dates if necessary.
Timeline (indicative only)
6 March 2020 Appeal period closes
18 March 2020 Queensland Government transfers settlement monies to the administrators
March — September Administrators verify all registered claims
30 October 2020 Distribution statements sent to all claimants with estimate of payment
6 December 2020 Payments made to claimants.
Payments will be staggered to reduce the impact in communities on stores, banks and social services. The date of payments are set out below:
- 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 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 for the second time if an updated bank account was subsequently provided to the Stolen Wages Information Centre: 17 February 2021
- PNG claimants and registered representatives that provided an incorrect, invalid or closed bank account - reprocessed payments for the third and final time if an updated bank account was subsequently provided to the Stolen Wages Information Centre: 6 August 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.
The Stolen Wages Settlement Distribution Scheme will be concluded in January 2021, 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 or seek directions from the Federal Court regarding the distribution of the surplus funds.
HOW MUCH WILL I BE PAID?
The Federal Court has approved a distribution of the Stolen Wages settlement monies based on the evidence filed in the Federal Court case, and the differences between class members’ claims. The Settlement Distribution Scheme allocates claimants into different pools based on their date of birth, gender, whether they are Aboriginal or Torres Strait Islander and whether they are alive or have passed away.
The administrators will not be able to provide estimates of how much claimants will be paid until they have assessed the eligibility of all claimants and determined which pool they each belong to.
A distribution statement will be sent to each claimant or registered representative of deceased claimants by 30 October 2020 (unless extended by the administrators or the Federal Court) setting out their details and the estimated amount they will be paid.
The Settlement Distribution Scheme includes some examples of how the Stolen Wages settlement monies are divided amongst claimants. These are examples only and the amounts listed are not indicative of how much each claimant will receive. The accurate estimate of how much each claimant will receive will be provided in the distribution sent to all claimants in October 2020 (unless extended by the administrators or the Federal Court).
The administrators will not be able to provide estimates of how much claimants will be paid until they have assessed the eligibility of all claimants and determined which pool they each belong to.
A distribution statement will be sent to each claimant or registered representative of deceased claimants by 30 October 2020 (unless extended by the administrators or the Federal Court) setting out their details and the estimated amount they will be paid.
The Settlement Distribution Scheme includes some examples of how the Stolen Wages settlement monies are divided amongst claimants. These are examples only and the amounts listed are not indicative of how much each claimant will receive. The accurate estimate of how much each claimant will receive will be provided in the distribution sent to all claimants in October 2020 (unless extended by the administrators or the Federal Court).
HOW WILL PAYMENTS BE MADE?
All payments to eligible claimants, or the registered representatives of deceased claimants, will be made by electronic funds transfer direct to a bank account. No payments will be made by cash and payments will only be made by cheque in circumstances where a claimant or registered representative has not registered a bank account.
All claimants and registered representatives have to provide their up‑to‑date bank account details to the Stolen Wages Information Centre. You can contact the Stolen Wages Information Centre on:
Phone: 1300 591 545
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
All claimants and registered representatives have to provide their up‑to‑date bank account details to the Stolen Wages Information Centre. You can contact the Stolen Wages Information Centre on:
Phone: 1300 591 545
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
WHAT INFORMATION DO I HAVE TO PROVIDE?
All living claimants and the registered representatives of deceased claimants that have already registered for the Stolen Wages scheme (registrations closed on 21 November 2019, other than for Papua New Guineans), must provide the following information:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
The administrators will be writing to all claimants and registered representatives with details of their registered information and asking for confirmation of the information and any missing information.
The administrators may also request a claimant or registered representative to provide additional documents or information to help in assessing their claim.
- the full legal name of the claimant
- the date of birth of the claimant, and date of death if applicable
- proof of the identity of the claimant, or the registered representative of a claimant that has passed away
- the mailing address of the claimant, or the registered representative of a claimant that has passed away (email addresses and telephone numbers would also assist in receiving communications from the administrators)
- the gender of the claimant
- whether the claimant is Aboriginal or Torres Strait Islander (one only must be nominated and a claimant cannot nominate both)
- if a person is a registered representative of a deceased claimant, information about their relationship to the deceased claimant—a registered representative must be a spouse (married or de facto husband or wife), son or daughter only
- the BSB and account number of a current bank account in the name of the claimant, or the registered representative of a claimant that has passed away.
- If you are a claimant or the registered representative of a deceased claimant and haven’t provided the above information, or it has changed, please contact the Stolen Wages Information Centre on:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
The administrators will be writing to all claimants and registered representatives with details of their registered information and asking for confirmation of the information and any missing information.
The administrators may also request a claimant or registered representative to provide additional documents or information to help in assessing their claim.
DO I HAVE TO PROVIDE A BIRTH CERTIFICATE OR DEATH CERTIFICATE?
Payments under the Stolen Wages Settlement Distribution Scheme (SDS) are determined by a number of factors, including the date of birth of claimants and, if applicable, their date of death. The dates must be provided to the Stolen Wages Information Centre to enable a claim to be fully assessed.
However, the Stolen Wages Information Centre does not generally require copies of birth or death certificates to be provided. Only the dates are required and in most cases, claimants, and for deceased claimants, spouses or children of the deceased claimant (registered representatives), will know the relevant dates of birth and death. If a claimant did not have a recorded date of birth or date of death, or a spouse or child do not know the relevant dates, they may need to find the information from other sources.
Under the SDS, the administrators have the power to request additional information if we need to verify the eligibility of a person. We may do this if we believe a claim is not legitimate or the information provided is incomplete. Additional information requested may include a birth certificate or death certificate but this will be rare. Birth certificates can also be provided to verify the identity of a claimant or registered representative if they do not have any form of photo ID, but it does not need to be provided to prove a date of birth.
The Stolen Wages Information Centre is working with the Registry of Births, Deaths and Marriages to verify the details of all claimants.
If a claimant’s date of birth or death is unknown, the Registry of Births, Deaths and Marriages may be able to assist if the birth or death was previously registered. In such cases, the Registry of Births, Deaths and Marriages may be able to confirm a year of birth or death if a full date cannot be released.
The Registry of Births, Deaths and Marriages however can only release information to eligible people. Spouses, grandchildren and distant relations may not eligible to receive this information.
Further information is available at https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates and the Registry of Births, Deaths and Marriages can be contacted by telephone on 13 74 68
However, the Stolen Wages Information Centre does not generally require copies of birth or death certificates to be provided. Only the dates are required and in most cases, claimants, and for deceased claimants, spouses or children of the deceased claimant (registered representatives), will know the relevant dates of birth and death. If a claimant did not have a recorded date of birth or date of death, or a spouse or child do not know the relevant dates, they may need to find the information from other sources.
Under the SDS, the administrators have the power to request additional information if we need to verify the eligibility of a person. We may do this if we believe a claim is not legitimate or the information provided is incomplete. Additional information requested may include a birth certificate or death certificate but this will be rare. Birth certificates can also be provided to verify the identity of a claimant or registered representative if they do not have any form of photo ID, but it does not need to be provided to prove a date of birth.
The Stolen Wages Information Centre is working with the Registry of Births, Deaths and Marriages to verify the details of all claimants.
If a claimant’s date of birth or death is unknown, the Registry of Births, Deaths and Marriages may be able to assist if the birth or death was previously registered. In such cases, the Registry of Births, Deaths and Marriages may be able to confirm a year of birth or death if a full date cannot be released.
The Registry of Births, Deaths and Marriages however can only release information to eligible people. Spouses, grandchildren and distant relations may not eligible to receive this information.
Further information is available at https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates and the Registry of Births, Deaths and Marriages can be contacted by telephone on 13 74 68
WHAT PROOF OF IDENTITY DO I HAVE TO PROVIDE?
All living claimants and registered representatives of deceased claimants that have already registered for the Stolen Wages scheme need to provide a legible copy of a legal form of photo ID or alternate identification to the Stolen Wages Information Centre in order to verify their identity. Valid identification includes:
The name on the identification must exactly match the name of the registered living claimant or the registered representative of a deceased claimant.
A form, Confirmation of Identity – Verification, is available on the website under the documents tab for people that do not have any of the types of identification listed above. The form is available on the DOCUMENTS tab but is only to be used if a person does not have a valid form of identification. It is expected that very few people will not have one form of valid identification. If a person submits the Confirmation of Identity – Verification form, and they do have a valid identification document and don’t provide a copy, this could delay the processing of their claim.
Copies of identification can be sent to the Stolen Wages Information Centre at:
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447 (please do not fax a photo ID as they do not transmit clearly)
Address: PO Box 7200, CAIRNS QLD 4870.
- a valid drivers licence
- a valid passport or an expired Australian passport for up to 3 years from the expiry date
- a current proof of age card issued by a state or territory with the name of the person, photo and signature
- a current shooter or firearms licence with the name of the person, photo and signature
- a current secondary student or university ID card with the name of the person, photo and signature
- a current photo ID issued by the Commonwealth, state or territory in the name of the person
- a birth certificate
- an identification and verification of identity form for Aboriginal and Torres Strait Islander people that do not have an identity document (available on the Stolen Wages website, www.stolenwages.com.au)
- other forms of identity verification approved by the scheme administrators.
The name on the identification must exactly match the name of the registered living claimant or the registered representative of a deceased claimant.
A form, Confirmation of Identity – Verification, is available on the website under the documents tab for people that do not have any of the types of identification listed above. The form is available on the DOCUMENTS tab but is only to be used if a person does not have a valid form of identification. It is expected that very few people will not have one form of valid identification. If a person submits the Confirmation of Identity – Verification form, and they do have a valid identification document and don’t provide a copy, this could delay the processing of their claim.
Copies of identification can be sent to the Stolen Wages Information Centre at:
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447 (please do not fax a photo ID as they do not transmit clearly)
Address: PO Box 7200, CAIRNS QLD 4870.
CAN MY STOLEN WAGES PAYMENT BE PAID TO SOMEONE ELSE?
A person entitled to receive a payment under the Stolen Wages Settlement Distribution Scheme can request the administrators to make their payment to someone else.
A Bank account details or change form to make the payment to someone else will need to be completed by the living claimant or registered representative and submitted to the Stolen Wages Information Centre. A copy of the form is available on the Stolen Wages website, www.stolenwages.com.au under the DOCUMENTS tab, or by contacting the Stolen Wages Information Centre on 1300 591 545 (9.00am - 5.00pm weekdays).
A Bank account details or change form to make the payment to someone else will need to be completed by the living claimant or registered representative and submitted to the Stolen Wages Information Centre. A copy of the form is available on the Stolen Wages website, www.stolenwages.com.au under the DOCUMENTS tab, or by contacting the Stolen Wages Information Centre on 1300 591 545 (9.00am - 5.00pm weekdays).
What if I disagree with my payment?
The administrators will send a distribution statement to all eligible claimants or registered representatives of deceased claimants by 30 October 2020 setting out how much they are entitled to be paid.
A claimant or registered representative has until 23 November 2020 to ask for a review of their entitlement. Reviews cannot be requested about someone else’s entitlement.
Reviews will be conducted by an independent barrister within 7 days and the decision will be provided in writing by the barrister to the claimant or registered representative.
The cost of a review is $800 for the first two hours and $450 for extra hours. The cost must be paid by the claimant or registered representative requesting the review and it will be deducted from their payment by the administrators
A claimant or registered representative has until 23 November 2020 to ask for a review of their entitlement. Reviews cannot be requested about someone else’s entitlement.
Reviews will be conducted by an independent barrister within 7 days and the decision will be provided in writing by the barrister to the claimant or registered representative.
The cost of a review is $800 for the first two hours and $450 for extra hours. The cost must be paid by the claimant or registered representative requesting the review and it will be deducted from their payment by the administrators
HOW DO I REGISTER OR CHANGE MY BANK ACCOUNT DETAILS
All Stolen Wages claimants and registered representatives of deceased claimants must provide their bank account details to the Stolen Wages Information Centre. This is because payments will only be made by the administrators to a bank account. No payments will be made by cheque or cash.
To prevent fraud and to protect the privacy of claimants and registered representatives, the Stolen Wages Information Centre will not take or change bank account details over the phone or in an email.
If a claimant or registered representative did not provide their bank account details when they registered for the Stolen Wages Settlement or wish to change their registered bank account, they must complete a Bank account details or change form, sign it and return it to the Stolen Wages Information Centre. The form can be downloaded from the DOCUMENTS tab.
Claimants and registered representatives that provided their bank account details when they registered for the Stolen Wages Settlement do not need to complete the bank account details form unless they change their bank account.
All claimants and registered representatives that have registered for the Stolen Wages Settlement need to provide a copy of a legal form of photo ID or alternate identification to the Stolen Wages Information Centre in order to verify their identity. The types of valid identification are listed under What proof of identity do I have to provide? under the FAQ tab. Bank account details forms will not be registered unless a claimant or registered representative has provided valid identification to the Stolen Wages Information Centre.
Contact the Stolen Wages Information Centre if you require assistance with the bank account details form.
To prevent fraud and to protect the privacy of claimants and registered representatives, the Stolen Wages Information Centre will not take or change bank account details over the phone or in an email.
If a claimant or registered representative did not provide their bank account details when they registered for the Stolen Wages Settlement or wish to change their registered bank account, they must complete a Bank account details or change form, sign it and return it to the Stolen Wages Information Centre. The form can be downloaded from the DOCUMENTS tab.
Claimants and registered representatives that provided their bank account details when they registered for the Stolen Wages Settlement do not need to complete the bank account details form unless they change their bank account.
All claimants and registered representatives that have registered for the Stolen Wages Settlement need to provide a copy of a legal form of photo ID or alternate identification to the Stolen Wages Information Centre in order to verify their identity. The types of valid identification are listed under What proof of identity do I have to provide? under the FAQ tab. Bank account details forms will not be registered unless a claimant or registered representative has provided valid identification to the Stolen Wages Information Centre.
Contact the Stolen Wages Information Centre if you require assistance with the bank account details form.
WILL A STOLEN WAGES PAYMENT AFFECT MY SOCIAL SECURITY PAYMENT?
The Commonwealth Department of Social Services (DSS) manages social security payments, including family payments, student payments and income support payments for working age people, seniors and disabled people and their carers.
The administrators asked DSS if Stolen Wages payments would affect the social security payments of claimants and registered representatives. On 30 March 2020, DSS provided the following advice:
"Social security income test treatment of Queensland Stolen Wages Class Action payments
Payments from the Queensland Stolen Wages Class Action will not be counted as income for social security payments. This means that the initial lump sum amount will not have any effect on the social security payments you may receive.
You will still need to report these payments to Services Australia (Centrelink). You can contact the Services Australia Indigenous Call Centre, or your regular payment line, to advise of the payments. Please find contact details of the Indigenous Call Centre below.
Services Australia Indigenous Call Centre: 1800 136 380 (Monday - Friday, 8.00am - 5.00pm).
While the initial lump sum payment will not affect social security payments, any on-going income generated by the lump sum is counted under the income test, and any assessable asset produced from the lump sum is counted under the social security assets test."
A fact sheet is supplied by Centrelink regarding the Stolen Wages settlement payments and can be found in the documents tab.
If you have specific questions about your social security payment please contact the Services Australia Indigenous Call Centre as the Stolen Wages Information Centre is unable to answer questions about government payments.
The administrators asked DSS if Stolen Wages payments would affect the social security payments of claimants and registered representatives. On 30 March 2020, DSS provided the following advice:
"Social security income test treatment of Queensland Stolen Wages Class Action payments
Payments from the Queensland Stolen Wages Class Action will not be counted as income for social security payments. This means that the initial lump sum amount will not have any effect on the social security payments you may receive.
You will still need to report these payments to Services Australia (Centrelink). You can contact the Services Australia Indigenous Call Centre, or your regular payment line, to advise of the payments. Please find contact details of the Indigenous Call Centre below.
Services Australia Indigenous Call Centre: 1800 136 380 (Monday - Friday, 8.00am - 5.00pm).
While the initial lump sum payment will not affect social security payments, any on-going income generated by the lump sum is counted under the income test, and any assessable asset produced from the lump sum is counted under the social security assets test."
A fact sheet is supplied by Centrelink regarding the Stolen Wages settlement payments and can be found in the documents tab.
If you have specific questions about your social security payment please contact the Services Australia Indigenous Call Centre as the Stolen Wages Information Centre is unable to answer questions about government payments.
WHAT IS A DISTRIBUTION STATEMENT AND WHEN DO I RECEIVE IT?
Pursuant to the orders of the Federal Court on 8 September 2020, the administrators are required to send a distribution statement to all claimants and registered representatives by 30 October 2020. The distribution statements provide an estimate of how much each claimant and registered representative will receive, and information about how to request a review, whether tax is payable on a payment and whether a payment will affect Centrelink payments. A template distribution statement is available under the Updates tab
The amount set out in the distribution statements is an estimate only and is subject to change as a result of reviews, taxation and other adjustments. The final payment to a claimant or registered representative may therefore be different to the estimate in the distribution statement.
When distribution statements can be expected to be received will depend on Australia Post delivery services in the region where claimants and registered representatives reside.
For reasons of confidentiality and to ensure the accuracy of the information provided, the Stolen Wages Information Centre is unable to provide estimated payment amounts over the telephone.
Payments are expected to made to claimants and registered representatives by 6 December 2020, but this date may be delayed if there are reviews or appeals.
The amount set out in the distribution statements is an estimate only and is subject to change as a result of reviews, taxation and other adjustments. The final payment to a claimant or registered representative may therefore be different to the estimate in the distribution statement.
When distribution statements can be expected to be received will depend on Australia Post delivery services in the region where claimants and registered representatives reside.
For reasons of confidentiality and to ensure the accuracy of the information provided, the Stolen Wages Information Centre is unable to provide estimated payment amounts over the telephone.
Payments are expected to made to claimants and registered representatives by 6 December 2020, but this date may be delayed if there are reviews or appeals.
HOW IS MY PAYMENT CALCULATED?
The amount that each claimant and registered representative is paid is determined in accordance with a series of formulas set out in an 'assessment methodology schedule' in the schedule to the Stolen Wages Settlement Distribution Scheme (SDS). A copy of the SDS is available on the website under the DOCUMENTS tab.
The Federal Court heard evidence from the lawyers in the class action that a flat payment for all claimants would be inadequate and unfair as it would not deal with the variety of different circumstances of claimants. For example, some claimants worked longer than others and lost more wages. The assessment methodology schedule calculates different payments for different groups of claimants based on the estimated loss of people in that group. There are 16 different groups of claimants under the assessment methodology schedule and each claimant in a group receives the same payment.
The claim data (information about each claimant) used to determine which group a claimant is in was set out in the claim statements sent to all claimants and registered representatives in April 2020 and in the distribution statements sent in October 2020.
There are more than 10,800 eligible claimants and therefore the Stolen Wages Information Centre is unable to explain the calculation for individual claimants. Claimants and registered representatives should seek their own advice in relation to the application of the formulas.
If an eligible claimant has passed away, a living spouse, or if there is no living spouse, the living children, could make a claim before 21 November 2019 on behalf of a deceased claimant. If more than one spouse or child made a claim before 21 November 2019, the payment for the deceased claimant is divided equally amongst the spouses or the children, as the case may be, and each are paid separately.
The Federal Court heard evidence from the lawyers in the class action that a flat payment for all claimants would be inadequate and unfair as it would not deal with the variety of different circumstances of claimants. For example, some claimants worked longer than others and lost more wages. The assessment methodology schedule calculates different payments for different groups of claimants based on the estimated loss of people in that group. There are 16 different groups of claimants under the assessment methodology schedule and each claimant in a group receives the same payment.
The claim data (information about each claimant) used to determine which group a claimant is in was set out in the claim statements sent to all claimants and registered representatives in April 2020 and in the distribution statements sent in October 2020.
There are more than 10,800 eligible claimants and therefore the Stolen Wages Information Centre is unable to explain the calculation for individual claimants. Claimants and registered representatives should seek their own advice in relation to the application of the formulas.
If an eligible claimant has passed away, a living spouse, or if there is no living spouse, the living children, could make a claim before 21 November 2019 on behalf of a deceased claimant. If more than one spouse or child made a claim before 21 November 2019, the payment for the deceased claimant is divided equally amongst the spouses or the children, as the case may be, and each are paid separately.
FinanciAl counselling - what if i have questions about what to do with my payment?
The administrators of the Stolen Wages Settlement Distribution Scheme have appointed Cape York Partnership to provide financial counselling services, referrals and information to claimants and registered representatives receiving a Stolen Wages payment. More information, including an information flyer is available on our website, under the Updates and DOCUMENTS tabs.
Financial counsellors help with budgeting, saving and dealing with debts. Financial counsellors can also provide advice about Centrelink payments and basic tax questions. If you have questions about how to save or spend your Stolen Wages payment, a financial counsellor may be able to help you.
For information about debts, saving and money questions call Cape York Partnership on 0497 473 589 or The National Debt Helpline on 1800 007 007.
Cape York Partnership are also visiting communities to provide face‑to‑face financial counselling services. The locations and dates of community financial counselling sessions can be found on our website, under the CONTACT US tab.
Financial counsellors help with budgeting, saving and dealing with debts. Financial counsellors can also provide advice about Centrelink payments and basic tax questions. If you have questions about how to save or spend your Stolen Wages payment, a financial counsellor may be able to help you.
For information about debts, saving and money questions call Cape York Partnership on 0497 473 589 or The National Debt Helpline on 1800 007 007.
Cape York Partnership are also visiting communities to provide face‑to‑face financial counselling services. The locations and dates of community financial counselling sessions can be found on our website, under the CONTACT US tab.
Do I have to pay tax on a stolen wages payment?
This section provides a general summary of the Australian tax consequences of the payment to you of your Settlement Entitlement. (UPDATED 27 July 2021)
Overseas claimants and registered representatives should consider the tax consequences of a payment under the laws of their country as well as under Australian law. The information in this section is not intended to be tax advice and you should consult your own tax advisers regarding the taxation consequences of receiving a payment based on your own personal circumstances.
The information in this section regarding the composition and characterisation of your settlement distribution is provided to enable you to obtain taxation advice.
The administrators of the Stolen Wages Settlement Distribution Scheme have sought a ruling from the Australian
Taxation Advice (ATO) regarding the taxation of a person’s Settlement Entitlement. On 9 September 2020, the ATO
published a legally binding ruling (CR 2020/47). A full copy of the ruling should be consulted and is available on the
ATO website: https://www.ato.gov.au/law/view/view.htm?docid=%22CLR%2FCR202047%2FNAT%2FATO%2F00001%22. An extract from the ATO ruling is set out below:
A distribution from the Settlement Sum to a participant under the Settlement Distribution Scheme is not assessable as ordinary income under section 6-5. … any capital gain or capital loss a participant makes as a result of receiving a distribution
from the Settlement Sum under the Settlement Distribution Scheme is disregarded under subsection 118-37(1).
A settlement distribution will include interest earned by the administrators on the Settlement Sum since 1 July 2020 and for Australian tax residents this will be assessable income for you in the 2020/21 tax year. For non-residents (residing overseas), withholding tax will be deducted from your payment for the interest earned since 1 July 2020.
Income for claimant tax returns for 20210/21
The below information is provided to 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.
An explanation of distribution and taxation concepts
The settlement sum received from the Queensland Government was invested in term deposits pending the receipt of claim forms and other relevant information from claimants and registered representatives, and the final determination of eligibility.
Settlement sum
In accordance with advice from the ATO in public ruling CR 202/47 dated 9 September 2020, your share of the net settlement sum paid by the Queensland Government is not subject to income tax (tax free).
Interest - 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.
Interest - financial year ended 30 June 2021
The claimants and registered representatives, not the administrators, are responsible for paying income tax on the net interest earned by the Scheme during the financial year ended 30 June 2021.
Net taxable interest for the financial year ended 30 June 2021
Part of the money that claimants and registered representatives received in November/December 2020 and a small portion of the final distribution that you will receive in the coming months include net taxable interest earned during the financial year ended 30 June 2021. For Australian tax residents both of these net interest amounts should be reported in your 2020/21 income tax return. The net interest earned is subject to Australian income tax, after deducting expenses related to taxation advice and ATO compliance requirements.
Tax file number withholding credit
The bank that paid interest on the term deposits deducted tax on the interest and paid it to the ATO on a portion of the interest earned by the Scheme during the year ended 30 June 2021, and therefore that interest component has already been taxed. Claimants and registered representatives are entitled to receive a tax credit for their share of the tax deducted by the bank, and this credit can be used to offset tax payable.
Non-resident withholding tax
The administrators were required to withhold amounts/tax from payments to non-Australian residents calculated as 10% of the net interest component (i.e. not the full distribution), after adjusting for other relevant credits.
Pre-fill information for individual taxpayers
We have notified the ATO of net taxable interest, tax file number withholding credits and non-resident withholding tax (if any) amounts distributed to claimants and registered representatives. 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 2020/21 income tax return.
If you are an Australian resident for income tax purposes
Income tax return component
Amount to insert into your 2020/21 income tax return
Description
Interest income
0.6775% of the amount received by claimants and registered representatives during the 2021 financial year is interest.
Only this interest amount paid to you is subject to Australian tax income tax.
Tax file number withholding credit
0.0968% of the amount you received during the 2020/21 financial year is a credit for tax on the interest already withheld by the bank.
If you are not an Australian resident for income tax purposes
Income tax return component
Amount to insert into your 2021 income tax return
Description
Interest income
No amount of interest is included as interest received by a non-resident is subject to non-resident withholding tax and is not required to be included the Australian income tax return of a non-resident.
Tax file number withholding credit
A credit may be allowable for the tax file number withholding tax. A credit may be allowable on lodgement of your Australian income tax return but you should seek independent advice from your tax agent or advisor.
Non-resident withholding tax deducted
No credit is included as no credit is available in your Australian income tax return because the interest is not included in the return.
SAMPLES (examples only for illustrative purposes are provided below)
Example 1 – Australian resident
John is an Australian resident for income tax purposes, and received Stolen Wages amounts totalling $7,034 during the 2020/21 financial year. When completing his 2020/21 income tax return, John will report the amounts detailed below.
Income tax return component Amount Calculation
Interest income $48 $7,034 x 0.6775% (rounded to nearest dollar)
Tax file number withholding credit $7 $7,034 x 0.0968% (rounded to nearest dollar)
Non-resident withholding tax deducted Nil John is an Australian resident for tax purposes
Example 2 – non-Australian resident
Linda is not an Australian resident for income tax purposes and received Stolen Wages amounts totalling $7,034 during the 2020/21 financial year. When completing her 2020/21 income tax return, Linda will report the amounts detailed below.
Income tax return component Amount Calculation
Interest income Nil Linda is not an Australian resident for tax purposes
Tax file number withholding credit $7 $7,034 x 0.0968% (rounded to nearest dollar)
Non-resident withholding tax deducted Nil Linda is not an Australian resident for tax purposes
Note: The taxable components of the second distribution (which will be paid in the coming months) will be reported in your 2020/21 income tax return, so it does not need to be reported in your 2021/22 income tax return.
Overseas claimants and registered representatives should consider the tax consequences of a payment under the laws of their country as well as under Australian law. The information in this section is not intended to be tax advice and you should consult your own tax advisers regarding the taxation consequences of receiving a payment based on your own personal circumstances.
The information in this section regarding the composition and characterisation of your settlement distribution is provided to enable you to obtain taxation advice.
The administrators of the Stolen Wages Settlement Distribution Scheme have sought a ruling from the Australian
Taxation Advice (ATO) regarding the taxation of a person’s Settlement Entitlement. On 9 September 2020, the ATO
published a legally binding ruling (CR 2020/47). A full copy of the ruling should be consulted and is available on the
ATO website: https://www.ato.gov.au/law/view/view.htm?docid=%22CLR%2FCR202047%2FNAT%2FATO%2F00001%22. An extract from the ATO ruling is set out below:
A distribution from the Settlement Sum to a participant under the Settlement Distribution Scheme is not assessable as ordinary income under section 6-5. … any capital gain or capital loss a participant makes as a result of receiving a distribution
from the Settlement Sum under the Settlement Distribution Scheme is disregarded under subsection 118-37(1).
A settlement distribution will include interest earned by the administrators on the Settlement Sum since 1 July 2020 and for Australian tax residents this will be assessable income for you in the 2020/21 tax year. For non-residents (residing overseas), withholding tax will be deducted from your payment for the interest earned since 1 July 2020.
Income for claimant tax returns for 20210/21
The below information is provided to 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.
An explanation of distribution and taxation concepts
The settlement sum received from the Queensland Government was invested in term deposits pending the receipt of claim forms and other relevant information from claimants and registered representatives, and the final determination of eligibility.
Settlement sum
In accordance with advice from the ATO in public ruling CR 202/47 dated 9 September 2020, your share of the net settlement sum paid by the Queensland Government is not subject to income tax (tax free).
Interest - 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.
Interest - financial year ended 30 June 2021
The claimants and registered representatives, not the administrators, are responsible for paying income tax on the net interest earned by the Scheme during the financial year ended 30 June 2021.
Net taxable interest for the financial year ended 30 June 2021
Part of the money that claimants and registered representatives received in November/December 2020 and a small portion of the final distribution that you will receive in the coming months include net taxable interest earned during the financial year ended 30 June 2021. For Australian tax residents both of these net interest amounts should be reported in your 2020/21 income tax return. The net interest earned is subject to Australian income tax, after deducting expenses related to taxation advice and ATO compliance requirements.
Tax file number withholding credit
The bank that paid interest on the term deposits deducted tax on the interest and paid it to the ATO on a portion of the interest earned by the Scheme during the year ended 30 June 2021, and therefore that interest component has already been taxed. Claimants and registered representatives are entitled to receive a tax credit for their share of the tax deducted by the bank, and this credit can be used to offset tax payable.
Non-resident withholding tax
The administrators were required to withhold amounts/tax from payments to non-Australian residents calculated as 10% of the net interest component (i.e. not the full distribution), after adjusting for other relevant credits.
Pre-fill information for individual taxpayers
We have notified the ATO of net taxable interest, tax file number withholding credits and non-resident withholding tax (if any) amounts distributed to claimants and registered representatives. 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 2020/21 income tax return.
If you are an Australian resident for income tax purposes
Income tax return component
Amount to insert into your 2020/21 income tax return
Description
Interest income
0.6775% of the amount received by claimants and registered representatives during the 2021 financial year is interest.
Only this interest amount paid to you is subject to Australian tax income tax.
Tax file number withholding credit
0.0968% of the amount you received during the 2020/21 financial year is a credit for tax on the interest already withheld by the bank.
If you are not an Australian resident for income tax purposes
Income tax return component
Amount to insert into your 2021 income tax return
Description
Interest income
No amount of interest is included as interest received by a non-resident is subject to non-resident withholding tax and is not required to be included the Australian income tax return of a non-resident.
Tax file number withholding credit
A credit may be allowable for the tax file number withholding tax. A credit may be allowable on lodgement of your Australian income tax return but you should seek independent advice from your tax agent or advisor.
Non-resident withholding tax deducted
No credit is included as no credit is available in your Australian income tax return because the interest is not included in the return.
SAMPLES (examples only for illustrative purposes are provided below)
Example 1 – Australian resident
John is an Australian resident for income tax purposes, and received Stolen Wages amounts totalling $7,034 during the 2020/21 financial year. When completing his 2020/21 income tax return, John will report the amounts detailed below.
Income tax return component Amount Calculation
Interest income $48 $7,034 x 0.6775% (rounded to nearest dollar)
Tax file number withholding credit $7 $7,034 x 0.0968% (rounded to nearest dollar)
Non-resident withholding tax deducted Nil John is an Australian resident for tax purposes
Example 2 – non-Australian resident
Linda is not an Australian resident for income tax purposes and received Stolen Wages amounts totalling $7,034 during the 2020/21 financial year. When completing her 2020/21 income tax return, Linda will report the amounts detailed below.
Income tax return component Amount Calculation
Interest income Nil Linda is not an Australian resident for tax purposes
Tax file number withholding credit $7 $7,034 x 0.0968% (rounded to nearest dollar)
Non-resident withholding tax deducted Nil Linda is not an Australian resident for tax purposes
Note: The taxable components of the second distribution (which will be paid in the coming months) will be reported in your 2020/21 income tax return, so it does not need to be reported in your 2021/22 income tax return.
Have payments been Made?
Payments have been made to all eligible claimants and registered representatives. The dates of payments are set out under the FAQ, When will I be paid?
WHERE CAN I FIND FURTHER INFORMATION?
Information and documents about the Stolen Wages class action, scheme and Settlement Distribution Scheme are available on the Stolen Wages website, www.stolenwages.com.au.
If you are a claimant or registered representative, you can also register your email address with the Stolen Wages Information Centre and regular updates will sent to you. You can contact the Stolen Wages Information Centre on:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
If you are a claimant or registered representative, you can also register your email address with the Stolen Wages Information Centre and regular updates will sent to you. You can contact the Stolen Wages Information Centre on:
Phone: 1300 591 545 (9.00am - 5.00pm weekdays)
Email: stolenwages@au.gt.com
Fax: (07) 3222 0447
Address: PO Box 7200, CAIRNS QLD 4870.
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