Damning evidence that the government knew robo-debt was illegal

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Damning emails have revealed that the Morrison government knew that the controversial robo-debt scheme was illegal and that the debts were not lawful.

Opposition leader Anthony Albanese has accused the government of breaking the law and Greens senator Rachel Siewert has demanded the government come clean on how long it has known its debt-recovery scheme was unlawful.

Confidential emails between tax office officials were provided to a Senate committee on Thursday, revealing that the Department of Social Service had received legal advice that thousands of debts raised were “not lawful debts”.

It’s unclear as to how long ago the legal advice was received.

The email from the Australian Taxation Office’s general counsel, Jonathan Todd, was dated 19 November 2019, and sent to ATO commissioner, Chris Jordan marked ‘Sensitive: Legal’.

“In further discussion with the DSS, it appears that what you need to raise is: they have advised you that they have received legal advice that debts based solely upon DSS own income averaging of ATO annual tax data are not lawful debts (‘robo-debts’),” read the email.

“They have also suspended the raising and recovery of robo-debts as of today.”

A week later the government settled a court challenge brought by Victoria Legal Aid over a robo-debt, rather than allow it to proceed to court.

The Prime Minister was asked in Parliament on Thursday: “Does the Prime Minister regret administering an illegal robo-debt scheme?”

Mr Morrison handballed his opportunity to respond to Human Services Minister Stuart Robert, who claimed the changes were in response to community feedback.

“These changes are designed to make the program more robust by requiring additional evidence,” said Mr Robert.

“This means we’ll no longer raise a debt where the only information we’re relying on is the averaging of ATO. For those debts raised to date, the statement was made that services Australia will be carefully and methodically working to identify those customers.”

Greens senator Rachel Siewert said the government must now reveal how long it knew robo-debt was illegal.

“People in our community have been traumatised and harassed for years and years, many have large debts they don’t owe and are being forced to pay with interest and they want and deserve answers,” said Senator Siewert.

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19 comments

This no surprise with this Govt,i wonder how many other laws in Centrelink are illegal,there seems to be new laws added to a long list of laws with Centrelink most of which no one ever hears about and people on wealfare have to try and keep up with by trying find out themselves.

This was a calculated plan to rip of those least able to fight back.  The government has spent many years vilifying pensioners, self funded retirees and those on wellfare, their aim was to harden the hearts of the taxpayer against these people so that they could be ripped off with impunity.

RoboDebt was a test case that has fortunatley failed.

Let's have a system developed that detects and exposes government missmanagement and corruption, that is one thing I would like to see privatised, with the company paid a percentage of money recovered plus a generous fee paid by the miscreants.

This is going to cost the taxpayer billions once the class actions start rolling in.  Personal distress cases aren't settled cheaply.

Let's look at all the suicides caused by Robodebt and this government. 

 

The corruption in this government is unprecedented in Australia.

 

Really? Greens and Labor are claiming that the government knew that the robo-debt was illegal so that makes it 100% true. Reading various articles on this suggests that the government was advised by its legal department that the system was illegal and the government dropped the robo-debt system the next day. So, they took 1 day to address the problem and to accuse the government of not acting immediately is, perhaps, technically correct but can also be viewed as political point scoring. Robo-debt was always flawed from the outset, especially when used to check on workers who work casually or obtain short periods of full-time employment. Taking an annual income and dividing by 26 will not always throw up a true figure when Centrelink payments are calculated on a fortnightly basis from income figures supplied by the recipients.

The government should not have needed legal advice to know invoicing people for goods and services not taken is illegal.  The premise of agood legal system is innocent untill proven guilty, in this process people were treated as guilty untill innocence could be proven by the people accused.  What business would get away with sending invoices to people and just hoping they would just pay them.

Most of them are from the legal profession for gods sake.

This is just another example of government acting as though they are above the law.

 

Horace, don't grovel, the govt. knew for many years, and probably had legal advice right at the start, - what is significant in this event is that very few of the culpable politicians exhibit any regret, - perhaps regret that they were caught, but no acknowledgent at all of the suffering of older folk who were destroyed by this cynical exercise of outright Theft.

 

Thank you ex PS and Lookfar, I wish I had your ability to look into the minds of others. There is no proof that anyone in the government knew that the system was illegal but your inside knowledge gives you both the right to let all and sundry know what you have found out with your ability to read minds.

 

Oh and by the way ex PS, the latest figures released about previous occupation of parliamentarians show that in both houses there are 30 barristers, solicitors, lawyers, legal officers, etc and Labor has the higher number. That's 13% of the total members which even the most one-eyed could never describe as "most".

Horace, you say, "There is no proof that anyone in the government knew that the system was illegal".

That may be so, but surely you must agree that they SHOULD have known, or at the very least checked first before allowing its implementation.

It is very hard to defend the government here.

Gee Rod63 now you want politicians and public servants to have the gift of foresight. No, I don't agree that they SHOULD have known. You have made an assumption that the government didn't check before allowing its implementation, do you know that they didn't?

Horace, we all know that you are a LNP toady. Your lords and masters have been caught out. Deal with it.

Thank you for your in-depth comment Intellego. I note that apart from name calling you add nothing to the debate. Shorten lost the unloseable election, deal with it.

I do not know for sure that shoplifting is against the because no one actually came up to me and told me personally.  So I should not be held accountable.

Is that really the arguement you want to put forward on behalf of your masters.

Common sense would indicate the need to get clarification on this matter, these people are either incredably stupid or corrupt, which is it?

If they did check and were told it was not legal, they should be gaoled for fraud.

These people are paid to get these things right, I didn't know because I didn't ask is not a valid excuse.

It's not about having a gift of foresight, Horace. It's checking whether something you intend to do is legal before doing it.

If they had checked, they would have found it was an illegal scheme. So either they didn't check or went ahead anyway. It has to be one or the other.

I agree this Government is one of the worst -- and so dishonest and so-called  "Christians" what a joke -- not one of them has an ounce of empathy or caring --they disgust me.

Surprise surprise...wonder when its going to dawn on people that selling water and water rights of rivers is also illegal and technically against the constitution? This many has a lot to answer for and lets make sure he does!

https://mdbca.com/2018/07/26/commonwealth-shall-not-law-regulation-trade-commerce-abridge-right-state-residents-therein-reasonable-use-waters-rivers-conservation-ir/

And allowing companies like Nestle to take the water from towns to bottle should be illegal too.

Robo Debt, Sports Rort, Funding to electorates at risk before last election, selling water to big corporations, the list goes on. This country is desperate for a fully funded independent ICAC that can put an end to the rorts we are being subjected to by politicians.

Pity there is not an election this year.

Robo Debt, Sports Rort, Funding to electorates at risk before last election, selling water to big corporations, the list goes on. This country is desperate for a fully funded independent ICAC that can put an end to the rorts we are being subjected to by politicians.

When you have a dishonest and greedy government, what hope is there for the country? When every state fails, it fails from the top down. What is just as disgusting, is that our elected representatives are vision-less, intellectual dwarves who do their party's bidding before considering their electors or the country. Whither Australia?

This whole exercise was to help the Gov. bottom line. They also, most likely have other illegal plans under the covers for the same outcome, "THE BOTTOM LINE". It's about time this Mob of "Me only Me" took to the Big end of town and looked at all the Tax their mates DO NOT PAY. 

It's just further evidence that the LNP government are (a) fascists, and (b) incompetent.

Mostly incompetant, they can't even cover up their own rorts.

How many other illegal policies have they implemented?

How much longer do we havecto put up with the SCOMO SMIRK, he looks like a parson who has just molested a child and hit the parents up for a donation on the way out the door.

That is a very good description of the man!

 

“The premise of agood legal system is innocent untill proven guilty,” (exPS)

 Yep, true, so the sensible thing to do is to use pressure and wait for the Govt to reveal how long they knew about this – otherwise that comment can be seen as significantly hypocritical.

According to the ABC, the warning was issued to the Australian Taxation Office on November 19, 2019.

Lawyers in the Department of Social Services wrote to the tax commissioner saying debts were unlawful and the scheme was suspended the same day. 

https://www.abc.net.au/news/2020-02-06/robodebt-illegal-scheme-suspended/11939810

 If the ABC is false reporting, they should be penalised. Perhaps it’s time they are also privatised.

Regardless of any outcomes, the people who suffered as a result of these robodebts, should be greatly recompensed for their suffering, no question.

 

You would love to see the ABC privatised wouldn't you? You are an LNP toady and give yourself away with such statements. 

The troll is at it again. Keep it up ana.

ABE, the reporting by the ABC has been under some scrutiny recently. They have to lift their game. On this occasion, I believe they have hit the mark.

 

LOL another Lib/Nat toady leaps to the defence of his Lib/Nat toady mate!

Who is ana? There is no Ana here.

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19 comments



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