Read The Times Australia

Daily Bulletin

Robodebt failed its day in court, what now?

  • Written by: Terry Carney, Emeritus Professor of Law, University of Sydney

Three years after legal experts laid out their reasons why robodebt was wrong in law and wrong in maths, the government has folded its tent, conceding all points just before trial of the test case conducted in the name of 33 year old local government employee Deanne Amato.

Deanna Amato found out about her alleged robodebt in January when her full tax return was intercepted and taken from her, all $1709.87 of it. Centrelink said she owed a debt of $2,754 for Austudy support it said she was overpaid while studying in 2012.

It had sent letters to her old address.

Read more: Government makes changes to error-prone robo-debt collection

A week before court orders were finalised on Wednesday, a Centrelink internal email dated November 19 advised that debts would no longer be asserted on the basis of overpayments suggested by data-matched estimates of averaged fortnightly earnings, but only by overpayments calculated on the basis of actual earnings in the relevant fortnights.

All past debts would be “methodically” reviewed, starting with those where people had not previously made contact.

Why the government caved

Robodebt failed its day in court, what now? Wednesday's court order Wednesday’s court order makes clear why the government folded. It confirms that averages provide no evidence at all, and that Centrelink cannot “reverse the onus of proof” to require people to prove they do not have a debt. It must itself establish that there is a debt. There are no acceptable half measures on either point, so this should mean that robodebt has ended and all 300,000 or so alleged debts collected on this basis should be refunded with interest, and perhaps also an apology for distress caused by acting unlawfully. With as much as A$660 million of ill-gotten (if not all yet collected) revenue is at stake, there are indications that government is yet properly to understand what the law requires of it.** It is talking as if it hasn’t understood Instead of accepting that Wednesday’s court ruling requires that any future or past debt be based on earnings in each and every fortnight, the minister, Stuart Robert, speaks only of needing “additional proof points”, of there being “no change” to the construct of the onus of proof and of this being just another “refinement” which affects a “small cohort”. He has even talked about “continuing to use income averaging as part of a range of options to ask a welfare recipient to engage with the department of human services if there is a discrepancy”. Read more: Robo-debt class action could deliver justice for tens of thousands of Australians instead of mere hundreds The initial script issued to Centrelink call centre staff when fielding calls from people enquiring about past debts in light of the changes brought about by the Federal court test case are also worryingly similar to “business as usual”. They simply invite people to collect payslips and other documents to “prepare for a reassessment,” leaving the very clear impression that is is still up to the person to disprove the debt. It acted without outside advice It appears from press reports that the attorney general has confirmed that for over three years the government failed to obtain other than in-house legal advice before belatedly obtaining the external advice that revealed that robodebt was the proverbial Emperor without (legal) clothes. It is to be hoped that it gets it now as it works out what is required to bring debt recovery into compliance with the law. There is an old legal saying that the lawyer who advises and represents themselves “has a fool for a client”. Unfortunately on this occasion robodebt has not only made the government look foolish – the kind of failures of program design, basic mathematical reasoning and legal research that would leave a failed third world state feeling embarrassed – but in the course of its life has imposed untold hardship on and trauma on some hundreds of thousands of the most vulnerable members of Australia’s community. Read more: Danger! Election 2016 delivered us Robodebt. Promises can have consequences Less than six weeks ago the UN Special Rapporteur on Extreme Poverty and Human Rights (the expat Australian Philip Alston), in a report to the UN General Assembly, warned of the risk of a “digital welfare dystopia,” citing robodebt as one of the leading examples of how much human and reputational damage can be caused by bad design. The Amato ruling exposes the flagrant breach of the rule of law at the heart of the welfare dystopia that robodebt created. Government must as a matter of urgency establish an open and fully representative oversight body to ensure justice is fully and quickly delivered to its past victims and that no future debts are asserted other than in proper compliance with Centrelink’s legal obligations, now so clearly laid out for all to see.

Authors: Terry Carney, Emeritus Professor of Law, University of Sydney

Read more http://theconversation.com/robodebt-failed-its-day-in-court-what-now-127984

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Match Replacement Roof Tiles on an Older Home

Renovating or repairing an existing roof comes with quite a few headaches, and matching the old roof...

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...

Why Your Dental Clinic Is Not Getting Enough New Patient Bookings From Google

Introduction SEO for Dentist is not just about getting a dental clinic to appear somewhere on Goo...

Low Water Pressure in Sunbury: Is the Problem Inside Your Home or Outside It?

Low water pressure is one of those problems that can send a homeowner in the wrong direction. A we...