The Australian Taxation Office (ATO) has sought to reassure its investigations staff after a Queensland Supreme Court ruling criticized the agency's handling of a tax fraud prosecution.
The court's decision in the case of The King vs Julie Clarke found that an ATO officer had engaged in misconduct while gathering evidence, leading to the prosecution being stayed.
Justice Paul Smith stayed a prosecution mounted by the ATO dating back to 2019 on the basis that an ATO officer engaged in misconduct in the gathering of evidence in the matter.
The ATO's fraud squad has been told to improve its practices after the court's findings.
Autor's note: ATO faces criticism over investigative misconduct.