Removing Barriers for Vulnerable People Accessing Information and Funds from the ATO concerning deceased Persons Estates (2026)
This submission, from the University of Newcastle Legal Centre and led by Olenka Motyka, examined the barriers created by the Australian Taxation Office's strict requirements governing who may access information or funds held by the ATO for a deceased person. The submission was informed by community legal practice assisting disadvantaged clients experiencing grief, family violence, poverty, disability, unstable housing and limited access to legal assistance, and argued that the current framework prioritises procedural formality over accessibility, resulting in financial loss, prolonged distress and avoidable exclusion.
The University of Newcastle acknowledges the traditional custodians of the lands within our footprint areas: Awabakal, Darkinjung, Biripai, Worimi, Wonnarua, and Eora Nations. We also pay respect to the wisdom of our Elders past and present.