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Will(I'm new)I'm new
26 Sept 2025

Mr Super remains unpaid and the ATO fail to prosecute the directors . They were issued with a DPN prior to liquidation. This remains with the directors for life even after

liquidation. It’s now been 5 years without the ATO implementing legal prosecution. The ATO is not looking after those that have unpaid super in Australia and it shows that the ATO sit on their hands and employers know this. Quite disgusting situation and the ATO needs a total overhaul. The ATO do not assert any penalties as thier website indicates. It’s all absolute rubbish. Threats without any action to directors of Companies who pocket our Super.

79 views
3 replies
79 views
3 replies

All replies

KaraATO(Community Support)Community Support
26 Sept 2025

Hi Will,


We will notify you if we've successfully collected your unpaid super and paid it to your super fund. This process can take some time, and not every referral results in the collection of unpaid super.

redman(Initiate)Initiate
14 Feb 2026

the only ones who are penalised are the employers who are honest and upfront in alerting that an error has been made- past employee who left needed her super paid for the quarter. It was paid, on time, but unbeknownst to me she had changed super fund without letting me know so the payment bounced back. Had to pay the SGC on attempting to then pay the amount to the correct fund after chasing her for the correct details.- This is wrong. Fined for trying to do the right thing.

KaraATO(Community Support)Community Support
16 Feb 2026

Hi @redman,


Without access to all the info, I can't say for sure whether it was correct or not having to report and pay SGC for that particular employee superannuation Guarantee (SG).


Generally, if an employee doesn't have a chosen superfund or stapled superfund then you'd create and pay the super into a default superfund by the due date. This ensures you're staying complaint with your SG employer obligations.


This also applies when an employer doesn’t know or can’t access an employee’s (or ex‑employee’s) super fund details.


Always check for a stapled superfund with us first (which you can do through your ATO Online Services for business account). If no stapled fund exists, you'd use your default fund.


Moving forward, I'd recommend:

  • Phoning our super line or speaking with a registered tax/BAS agent for future help and before any due dates.
  • Speaking with our objections team to see if the recent SGC your reported and paid was the correct treatment for this situation.

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