On 1 December 2016, the following matter was referred to the Economics References Committee for inquiry and report by 22 March 2017:
The impact of non-payment of the Superannuation Guarantee (SG), with particular reference to:
- the economic impact on:
- workers, their superannuation balances, and retirement incomes,
- competitive neutrality among employers, and
- government revenue, including forgone superannuation contributions, earnings taxes, and SG charge penalties, over both the forward estimates and the medium term;
- the accuracy and adequacy of:
- information and data collected by the Australian Taxation Office (ATO), the Australian Prudential Regulation Authority and the Australian Securities and Investments Commission on SG non-payment,
- information and data collected by other agencies, such as the Fair Work Ombudsman, on SG non-payment, and
- any legislative, privacy, or other reporting barriers preventing the collection of accurate information and data on SG non-payment;
- the role and effectiveness of:
- the ATO monitoring, investigations, and recovery of unpaid SG, including technology and data collection to predict and prevent non-payment,
- resources and coordination between government agencies and other stakeholders to prevent non-payment,
- legislation and penalties to ensure timely and fair payment of SG,
- superannuation funds in detecting and recovering unpaid SG,
- employment and contracting arrangements, including remedies to recoup SG in the event of company insolvency and collapse, including last resort employee entitlement schemes, and
- measures to improve compliance with the payment of SG;
- the appropriateness of responses by:
- the ATO receiving complaints and ‘tip-offs’ about SG non-payment,
- members of Parliament asked to assist and support constituents who have been impacted by SG non-payment, and
- accountants, auditors, creditors and financial institutions who become aware of SG non-payment; and
- any other related matters.