Mr Murphy asked the Treasurer, upon notice, on 15 May 2003:

(1)  Can he confirm whether the Commissioner of Taxation replied to the President of the NSW Bar Association's letter dated 9 February 2001, on 14 February 2001, to the effect that “...the ATO has not disclosed information about individual barristers to Mr Paul Barry”.

(2)  Has the ATO disclosed any information to Mr Paul Barry of The Sydney Morning Herald; if so, (a) what was that information, and (b) will he make it public; if not, why not.

(3)  Can he confirm that the letter from the Commissioner says: “As you would be aware, our understanding of our secrecy and privacy obligations under the law is that we cannot provide you details of individual cases for the purpose of considering whether to bring proceedings against a barrister for professional misconduct”.

(4)  Does the Commissioner recommend that the NSW Bar Association “consider being more specific as to what conduct would, under the Bar Rules, constitute professional misconduct”; if so, how would this clarification affect the Commissioner's assertion that information about particular barristers is precluded from release under privacy and secrecy laws.

(5)  If no relationship between clarifying rules of professional conduct under the Bar Rules and privacy and secrecy law exists, then will he call upon the Commissioner of Taxation to explain what his policy on release of information is; if so, when; if not, why not.

Mr Costello —The answer to the honourable member's question is as follows:

(1)  Yes. The Commissioner has replied but it is inappropriate to comment on the terms of the reply.

(2)  Yes. In response to requests for information from Mr Barry, the ATO provided general information in aggregate form about compliance issues associated with NSW Barristers.

(3)  to(4) See (1).

(5)  Section 16 of the Income Tax Assessment Act 1936 prevents the Commissioner of Taxation from discussing the affairs of individual taxpayers with others except when expressly empowered to do so under the Act. The NSW Bar Association is not an entity to which the Commissioner can provide such information.