ATO worker fired for allegedly accessing taxation information for stalking purposes

Based on information from the ATO Fraud Prevention and Internal Investigations team, “Onyema may have breached the APS Code of Conduct. That information was in turn based on information received from Victoria Police,” the Federal Court said.

“The information related to allegations that Mr Onyema was then in remand after being charged with 34 offences related to stalking and domestic violence.

“It also alleged that he had used ATO systems to obtain access to the taxation records of the victim and her ex-partner, without a business need and in circumstances that were unauthorised.”

“The Breach Notice set out the eight alleged occasions of unauthorised access, based on a review of the ATO’s Central Audit Logs (CAL), which showed the searches made of taxation records from Mr Onyema’s computer,” it added.

“[Another ATO officer] found that, on the balance of probabilities, Mr Onyema was responsible for the unauthorised accesses to taxation records, and that he had accessed or attempted to access the taxation records of five people (including his ex-partner Ms A) in circumstances that were considered unauthorised.”

Further, the officer found that he had a “personal connection to the people whose taxation records to which he had obtained unauthorised access, and that he had allowed his personal interests to interfere with his responsibility to act in the best interests of the ATO”.

Onyema was terminated from his role as an ATO employee immediately after he was suspended with remuneration, in October 2025, after just over two years of service since February 2023.

Evidence against the findings

Onyema submitted that there was no measurable loss from his actions and that he had not obtained any personal benefit, and attached an expert report providing an “expert opinion on digital coercion tactics and its psychosocial impact in a family violence matter”.

“[An ATO officer] found that Mr Onyema had created and provided the fraudulent expert report for the purpose of the misconduct investigation,” the court said. 

“[Mr Timothy Silvers, Assistant Commissioner in the Australian Taxation Office] states that, if Mr Onyema were to be reinstated to his position as an interim measure, he could not be allowed to work with the ATO’s systems or other employees.

“Mr Silvers expresses concerns about the supervisory burden that would be placed on those to whom Mr Onyema would report. Mr Silvers states that, if a stay were granted, the ATO would consider suspension or miscellaneous leave (which I take to mean for the period of the stay).”

Federal Court Justice Graeme Hill refused to grant an extension of time, or a stay, but granted leave for Onyema to amend his originating application against the termination decision.

The case citation: Onyema v Commonwealth of Australia (as represented by the Australian Taxation Office) (extension of time, application for stay) [2026] FCA 1530 (15 October 2026).