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24 Oct 14 No compensation for Portal unreliability

MEMBER 163 writes: 

"Given the Pothole can be so unreliable, last financial year I kept a record (screen copies) of when it was real bad and significantly interfered with our work. Then in July 2014 I made a Compensation for Detriment caused by Defective Administration claim (CDDA Scheme) for those items during the year. I made a claim in relation to 14 instances where the pothole was real bad. The claim was a very modest $1,813 based on time lost for those specific 14 instances. The other day the ATO advised their decision declining to not pay. They say inter alia, 'I am satisfied that the ATO had responded to each technical issue in a timely manner, and deployed the relevant system fixes to restore the Portal performance', thus no defective administration. 

It is easy to understand why they would not like to pay compensation, but it is hard to accept the ATO deployed fixes when problems reoccur, and reoccur, and reoccur. It is simply obtuse to contend items were fixed because, if they were fixed, reoccurring issues would not occur. 

Also, would they ever accept us or a client 'deploying relevant system fixes' in relation to a tax matter with the result there was no punitive liability to the ATO? The ATO will dish out punitive measures like it is going out of fashion, but simply will not accept they should have financial liability.

It seems the denial of responsibility and double standard continues unabated. 

Thanks TAXVINE."