Patrick Dodson (WA, Australian Labor Party, Shadow Assistant Minister for Reconciliation) Share this | Hansard source

I stand to speak in relation to the Labor Party's amendment on sheet 8883. This amendment seeks to stop the unfair robodebt disaster that this government has presided over from ever happening again. Labor's amendment will prevent another robodebt by preventing social security debts being raised based solely on the income averaging of the Australian tax office data, making it clear that there is a statutory duty of care on the government to ensure debts are accurate, ensuring human oversight before debts are issued and requiring the government to use all available powers, resources and data across government to verify the accuracy of alleged debts before they are issued.

The Morrison government has admitted, in its defence to the robodebt class action filed in the Federal Court, that it had no basis in social security law to lawfully collect robodebts calculated using income averaging alone. This amendment seeks to make that crystal clear. However, the government is also claiming in the Federal Court that it does not owe a duty of care to social security recipients. This is a brazen attempt to shrug off the liability it has to thousands of people who have been harassed, worried and hurt by the robodebt scandal. The government says it has stopped the robodebt scheme. If this is true, it should be supporting this amendment.

I move opposition amendment (1) on sheet 8883:

(1) Page 31 (after line 16), at the end of the Bill, add:

Schedule 2 — Amendments relating to debts due to the Commonwealth

A New Tax System (Family Assistance) (Administration) Act 1999

1 After subsection 77(1)

Insert:

(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:

(a) employment income averaging based on data obtained from a taxation officer was not the only information relied on to determine whether the debt was due to the Commonwealth; and

(b) information gathering powers in Division 1 of Part 6 were used to verify that the debt is due to the Commonwealth; and

(c) the existence and quantum of the debt owed has been verified by an officer.

Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.

Social Security Act 1991

2 After subsection 1229(1)

Insert:

(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:

(a) employment income averaging based on data obtained from a taxation officer was not the only information relied on to determine whether the debt was due to the Commonwealth; and

(b) information gathering powers in Division 1 of Part 5 of the Administration Act were used to verify that the debt is due to the Commonwealth; and

(c) the existence and quantum of the debt owed has been verified by an officer.

Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.

Student Assistance Act 1973

3 After subsection 40(1)

Insert:

(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:

(a) employment income averaging based on data obtained from a taxation officer (within the meaning of Division 3 of Part 10) was not the only information relied on to determine whether the debt was due to the Commonwealth; and

(b) information gathering powers in Division 2 of Part 10 were used to verify that the debt is due to the Commonwealth; and

(c) the existence and quantum of the debt owed has been verified by an officer.

Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.