Senate report – Senator Wendy Askew & Senator Hollie Hughes Deputy Chair, May 2022

Government Senators’ Dissenting Report

Government Senators do not support the Senate Community Affairs References Committee (committee) Final Report into Centrelink’s compliance program as presented by the Australian Labor Party and the Australian Greens Senators.

Government Senators note that this report is the sixth report tabled by the committee and that this dissenting report should be read in conjunction with previous dissenting comments.

The Income Compliance Program has been subject to extensive scrutiny including from the Commonwealth Ombudsman, through Parliamentary inquiries and has also been subject to decisions of the Federal Court. Those inquiries have supported practical, ongoing improvements to the delivery of income compliance.

Government Senators accept the evidence presented to the inquiry regarding shortfalls, particularly in the early iterations of the program, in relation to communications with customers at key stages of the compliance process. Extensive evidence has been provided to this inquiry about changes made to income compliance processes in response to these acknowledged problems. Improvements to the program have been informed by, and benefited from, extensive consultation.1

There have been apologies from both the Government and senior officials for any hurt or harm caused by income compliance.2 Once it became clear that the basis upon which the debts were being raised through the sole use of averaged Australian Taxation Office (ATO) income data was insufficient, Services Australia paused in-scope debts as they were identified. On 29 May 2020 the former Minister for Government Services, the Hon Stuart Robert MP committed that debts would no longer be raised solely on ATO income data.3

The Government is in the final stages of repaying eligible group members under the terms of the class action settlement distribution scheme. While both Gordon Legal and the Commonwealth acknowledge that the settlement is not an admission of liability by the Commonwealth, this settlement has meant that almost all current Services Australia customers who are eligible for a refund have been refunded or had their debt reduced to zero. To date, over 99 per cent of refunds have been made and approximately 429 000 people have received a refund or had their debts reduced to zero.

In view of the significant changes that have been implemented, including as a result of substantial external scrutiny, Government Senators see no compelling reason why any further review is required. Another review on the Income Compliance Program will only promote anxiety and undermine trust in Government services on the basis of issues that have been acknowledged and comprehensively addressed. The recommendation to establish a Royal Commission into the Income Compliance Program is unnecessary due to the scale of changes that have already been made to the program.

On this basis, Government Senators are strongly of the view that the recommendation of the majority final report be rejected by the Senate. Further, that Services Australia should be focused on the necessary action going forward of ensuring that the Settlement agreement is implemented.

Read the full report here: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Centrelinkcompliance/Final_Report

Senator Helen Polley, Senator for Tasmania & Ross Hart, Labor Candidate for Bass 

TASMANIAN LIBERAL LEADS THE CHARGE AGAINST ROBODEBT ROYAL COMMISSION

A Tasmanian Liberal Senator has shamefully authored a dissenting report against further scrutiny of Robodebt despite Tasmania being hard hit by the illegal scheme.

Senator Wendy Askew is the author of dissenting comments in a Senate report that recommends a Royal Commission into the Robodebt scheme.

Senator Askew claims in her comments the scheme had already been “subject to extensive scrutiny” but the fact is the Morrison Government has consistently denied, obstructed and covered-up the origins of the Robodebt scandal and refused to take responsibility.

“Senator Askew’s comments are a terrible betrayal of the vulnerable Tasmanians who were hit hard by the Morrison Government’s illegal debt scheme and deserve answers,” Senator Polley said.

“It shows the Tasmanian Liberals simply do not care about our society’s most vulnerable,” Senator Polley said.

In contrast an Albanese Labor Government will establish a Royal Commission into Robodebt by the end of this year

Labor will expose the truth of the Morrison Government’s illegal Robodebt scheme, return integrity to the public service, and ensure a disaster like this never happens again.

An Albanese Labor Government would ask a Royal Commission to examine and report on the Robodebt scheme, consistent with these key objectives which will be reflected in the Terms of Reference:

  1. To establish who was responsible for establishing Robodebt scheme.
  2. To establish what advice, and what process or processes, informed the design and implementation of the Robodebt scheme.
  3. To investigate the handling of complaints about the Robodebt scheme – including in relation to the scheme’s legality –by Services Australia, the Department of Human Services, other relevant Commonwealth agencies and Ministers.
  4. To determine how much the implementation, suspension and wind-back of the Robodebt scheme cost taxpayers.
  5. To investigate the harm caused to law-abiding Australians by the Robodebt scheme
  6. To investigate the use of third-party debt collectors under the Robodebt scheme.

Our consultation after the election will inform the Terms of Reference for the Royal Commission.

“It is vital that Robodebt victims and Tasmanians know the truth of the Robodebt disaster,” Senator Polley said.

“We need to learn the truth of Robodebt’s origins so that such an atrocity can never again be perpetrated by an Australian Government against its citizens,” Senator Polley said.

“The illegal and immoral Robodebt scheme caused untold carnage in the Tasmanian community – stress, anxiety and financial destitution,” Senator Polley said.