Rex Patrick (SA, Independent) Share this | Hansard source

I also want to add my two cents worth in relation to this report. I note that Justice Murphy called it a 'shameful chapter' and talked about maladministration. It does disturb me that throughout this process we've had government ministers and government officials referring to the robodebt scheme as legally 'insufficient'. That's a word I'm going to have to try to use if I ever get dragged into a courtroom. Instead of saying it was unlawful, the government simply sought to invent a new word or put a new word into our lexicon: legally 'insufficient'.

What happened was wrong. I just want to add to Senator Siewert's remarks and say that there is still wrongdoing occurring. Robodebt 2.0 is still playing out in relation to payslip averaging, where Services Australia are, in fact, guessing by way of payslip averaging. I've helped a number of constituents whose cases have gone to the AAT. The AAT has basically said these debts are not properly proved; they're not the correct debt. It's like someone coming up to me and saying, 'Senator Patrick, you owe me 50 bucks.' I say: 'Well, how did that happen? Where did that come from?' They're not able to ground the claim. If it was my mate, I'd simply say, 'You're wrong; go away.' Unfortunately, in this instance, it's the federal government. Most people, when confronted by the federal government, don't really know what to do. Sometimes they're greeted by officials, by frontline staff, who are quite assertive, and this has caused all of the difficulties that Senator Siewert has talked about.

We do have an ongoing issue with payslip averaging. It may not be to the same magnitude as what has been dealt with in the court, but it does need to be looked at. Ministers can't stand by and simply state that they're unaware or they're not quite sure. I've invited Minister Ruston to perhaps put up a test case. So, instead of chewing up the AAT's time with differing opinions coming out, let's get it to either the Federal Circuit Court or the Federal Court, where the decision would be binding on the executive, and that would provide some clarity. This issue hasn't gone away, sadly, and the government does need to address it. I seek leave to continue my remarks later.

Leave granted; debate adjourned.