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New – Proposed Changes to Single Touch Payroll including Jail Terms

The Federal Government has recently proposed legislation which formalises new payroll reporting obligations and which imposes greater penalties on employers and other individuals who refuse to remit PAYG withholding tax and superannuation contributions.

By way of recap:

  • in 2016 legislation was passed introducing Single Touch Payroll (STP) reporting
  • STP reporting requires employers to report to the ATO payments such as salaries and wages, PAYG withholding and super information at the same time that wages are paid to employees
  • the legislation requires that all employers with 20 or more employees comply with STP reporting obligations from 1 July 2018
  • for initial purposes, the calculation of the number of employees is to be undertaken on 1 April 2018
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    Employment Law – Payroll Manager Jailed for Fraud

    Employment Law – Background:

    A payroll manager has been jailed for three-years after defrauding her employer of more than $737,000.

    Employment Law – Facts:

    • Sally Ann Woodall was employed as the payroll manager of international architecture business Hassell Services Pty Ltd between April 2006 and December 2009, and from August 2010 to April 2016
    • Woodall made payroll payments to ex-employees of Hassell utilising bank accounts in her name
    • During her first period of employment, Woodall entered 72 transactions to obtain $126,879
    • In her second period of employment, Woodall obtained approximately $610,554 over 169 transactions
    • Woodall pleaded guilty to charges of obtaining a financial advantage by deception under s82 of the Crimes Act 1958 (charges 1 and 2), and attempting to obtain a financial advantage by deception for failed transactions under s321M of the Crimes Act 1958 (charge 3)

    Employment Law – Decision:

    Judge Dean in the Melbourne County Court:

    • sentenced Woodall to a total of three years imprisonment for the 3 charges, to be served concurrently.
    • stated that Woodall’s offending was serious in that “took place over a lengthy period” and involved “sustained dishonestly”, and the fact that she “occupied an important position of trust” and exploited this position to defraud.
    • however in sentencing, the seriousness of Woodall’s offending was balanced against her personal circumstances including domestic violence, drug addiction and abuse. Her expression of remorse and guilty plea was also taken into account.

    The decision is available for you to read through the hyperlink:

    DPP v Woodall [2017] VCC 1143 (18 August 2017)

    Employment Law – Tips for Employers

    Our Matthews Folbigg Workplace Solutions employment law team recommends employers:

    • review this case decision
    • seek the assistance of an employment lawyer to understand how to address situations of employee misconduct
    • ensure cake is taken when recruiting employees to mitigate against potential risks. This could include conducting mandatory police checks on potential employees.

    Employment Law – More Information
    Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635-7966 to speak with one of our employment lawyers. [...]  READ MORE →