SDLTM80630 - Compliance: Rights and obligations

Communications: General

Just because there is an open enquiry, the purchaser should not be treated in any way differently from other purchasers, even if omissions have been discovered or admitted.

Our Service Commitment states that we are committed to giving the best service we can by

  • acting fairly and impartially we
  • treat your affairs in strict confidence, within the law
  • want you to pay or receive only the right amount due
  • communicating effectively we aim to provide
  • clear and simple forms and guidance
  • accurate and complete information in a helpful and appropriate way
  • providing good quality service we aim to
  • handle your affairs promptly and accurately
  • be accessible in ways that are convenient to you
  • keep your costs to the minimum necessary
  • take reasonable steps to meet special needs
  • be courteous and professional

Inevitably it is more difficult to maintain good communication with a purchaser throughout an enquiry.

They may find some lines of questioning intrusive, resent the additional costs of the enquiry, deliberately delay matters to hold up settlement, cloud the facts to hide evidence of evasion and try to provoke a compliance caseworker into losing their temper.

To be successful it must be ensured that the compliance caseworker retains control of the enquiry, which can often require considerable perseverance to obtain information that they need.

A compliance caseworker should

  • be courteous at all times. It is possible to be firm without being discourteous. If a question is avoided, simply repeat it or rephrase it
  • explain why they are taking action such as raising assessments or issuing information notices. The purchaser and agent should always know what is required of them. The compliance caseworker should also ensure that the purchaser is aware of their rights
  • set out their assumptions in any computation
  • not presume or appear to presume that the purchaser has committed an offence before all evidence is obtained. Once omissions are discovered or they have been admitted a moral or censorious tone should not be adopted, just deal with the facts
  • not make premature and peremptory demands for information or documents, or meetings, nor should routine references to statutory powers be made until it becomes necessary to do so
  • not refer to estimated assessments or appeal hearings simply in order to secure agreement to a settlement
  • try to avoid delay. Obviously it will take longer to deal with some aspects of a case than others and, sometimes it will be impossible to avoid some delay. However, it should be remembered that delay will make it more difficult for a compliance caseworker to push the purchaser to respond quickly