Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is for the Minister representing the Minister for Government Services, Senator Ruston. Can the minister confirm that, as early as 8 March 2017, the Administrative Appeals Tribunal held that no debt could be founded on the basis of a robodebt letter?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

No, I can't.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator O'Neill, a supplementary question?

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Will the minister commit to taking that question on notice and providing us with an answer?

Scott Ryan (President) Share this | Link to this | Hansard source

I can't instruct the minister. Senator O'Neill, the minister has concluded her answer. You have an opportunity to ask a supplementary question.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Can the minister confirm that in addition to the decision handed down on 8 March 2017 the AAT held that the robodebt scheme was illegal on a further 75 occasions?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

As I have said on a number of occasions in this place, the AAT plays a very important role in making decisions and providing independent merits reviews to a wide range of decisions. In doing so, I would note that each case is unique and turns on its own facts and circumstances and the situation. There have been decisions of the AAT that have upheld the debt decisions calculated using income averaging, and equally there have been those that have not. What I would say is that you cannot unilaterally come in here and make a determination on the basis of a specific case and make a general assumption that the decisions that are made on particular cases, and, as I said, some of the unique and individual cases before the AAT have been found not to have been upheld, and others have been upheld.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator O'Neill, a final supplementary question?

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Hasn't the Morrison government known for years that the robodebt scheme was illegal?

Anne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | Link to this | Hansard source

No.