Thread by @DarrenODonovan

#RobodebtRC Block 4, Day 3. Today is about 2 sentences
January 22 2015; “Just hold on this at the moment. I think we are very safe”
February 13th 2019: “there was actually bugger all legal advice provided…”
Morning will do 2019 from DHS side.
The afternoon likely to be big.

There were legals on launch: DSS ones that said no averaging, days of evidence of concerns being communicated from DSS side, to put to DHS today.
DHS folk who said averaging would not arise, claimed it was longstanding, if it arose the debt would be overwritten. #RobodebtR

I’m doing law orientation in Bendigo today so will be a little quieter too afternoon. As prep, this timeline was DHS’ line in 2017. Will it be intact by day’s end? robodebt.royalcommission.gov.au/system/files/e… DSS evidence put pressure on the March 5, 24 bits. Idea they were comfortable #RobodebtRC

The Ombo did not get all notes/emails from dss (eg the 20 Jan attack by DSS on averaging). Instead they got a summary that reflected Ms Wilson’s “we grew comfortable” claim. Was DSS had by or ignored by DHS folk who thought, pah, we’ve averaged, no risk?#RobodebtRC

Watch for how fast the npp gets spit out - feb 26. “No legislation” on it . Does anyone recalls briefing Morrison but today shouldn’t be at that level - today’s witnesses didn’t even have protected email access in 2015 & had to be taught to write an NPP. Mid level #RobodebtRC

Yikes #RobodebtRC

Just joining this now after my work engagement. Predictable denials re Masterton. But this sticks out as insight in terms of what drove instructions here #RobodebtRC

On to Secretary Leon's comments to the Ombo in March 2019. We know what will be said in some ways - but it was before the court etc. Remember: the Ombudsman is empowered to make findings as to law by statute. Findings that can be tested by or referred to the courts #RobodebtRC

All this 2019 stuff annoys me, some stuff is privileged and can't feature at the RC. But the public should remember they were out attacking organisations and roaring for their support for the programme very late on in the senate. #RobodebtRC

Witness regrets clearing response saying no uncertainty & asking for Ombo commentary on law to be erased
"this is a positional statement with regards to what the Department was saying".
Familiar moral distancing of "the department"... department's reputation etc #RobodebtRC

The Royal Commission at least underlines that nominating 'the department' as an actor is pure double speak. "The department" is formed by the actions, information shared and positions taken and cleared by people who have obligations.. #RobodebtRC

Witness trying to thread the eye of needle here. Did Secretary Leon not know even that Masterton had *some* merit, the position is so extreme. It is unreconstructed 2017 position. #RobodebtRC Witness saying only a S-G could evolve things.

"The department had been overstating its position for two years, if not longer" so says having a conversation to unwind it would have been futile for him, without the S-G. Not really a defence of substance but of atmosphere #RobodebtRC

"I think people in the department sincerely believed it, that robodebt was lawful..."
Audible gasps when the prospects advice came down in Masterton.
Yes, Mr French, but you are the lawyer who is meant to test their positions! #RobodebtRC
The arrogance of the gasping though

On 7 March meeting with Leon, Musolino, after they had received some, general advice that there was some substance to the Masterton matter. Says right then he said the department's legal position was uncertain. Asked for the external legal advice on prospects. #RobodebtRC

Secretary Leon will very much want to be heard on that last evidence on the March 7 meeting. He did not use the word 'urge', but was firm that he saw Masterton as clouding the position. Ombo communication goes out 9 March. Ms Leon will need to be heard on it. #RobodebtRC

I think even the general public will have noted that Ms Campbell is little liked in APS circles, though has remained coded in the evidence etc. Ms Leon is perceived differently, seeing her under pressure will hit home sharply on the APS' self-identity. #RobodebtRC

There is no 'rotten apple' or 'certain time and place' defences for the APS here. We are talking about two departments with bases and responsibilities to act, four years of leaders and lawyers, before we even get to the Ombo, ATO, OLSC, AAT affirmers. Systemic #RobodebtRC

The 'audible gasps' were telling. APS falling into a cult of inherent authority, proprietary ownership of the system. The department wrong?
Quit mystifying. boiled down the department is these people. some bloke in an office, with a business need. There's no inherent authority

Been driving along the Calder from Bendigo hanging on every word here. It is every bit as ferocious as anticipated. And it has been waited for for years. Averaging was built in absolutely core, and Mr Scott is driving for answers #RobodebtRC

Quite emotional to finally see these people brought to account by the way. Thinking of Justin Warren's FOI battle to get the risk plan and get names. #RobodebtRC It's not just Mr Ryman of course, but the next witnesses too.

300,000 built in, assumed averages was a big moment for everyone who had to put up with that "oh we seek to engage" line. Never. This was a plan to absolutely lamp people. And the 13% overcalculation is waaay under. #RobodebtRC

What with the "isn't an opinion is just an opinion", its been quite an afternoon. The current evidence is evasive, and the picture it paints is grotesque, and windows out to the next three witnesses. Wilson under pressure again now. #RobodebtRC

DHS saying we never said there was no averaging to DSS. Conflict with evidence of Kimber. Commissioner goes straight to that of course #RobodebtRC

This isn't all concentrated in DHS of course, we are testing (1) who in DHS knew of the DSS legals (2) why DHS froze their legals (3) confirm people in DSS knew there was averaging. A formidable picture emerging, where variables get eliminated #RobodebtRC

the commissioner rightly condemned fact Mr Ryman received threats. Those who watch this know the commissioner uses the safety and immunities of the forum eg to get Ms Wilson’s truth. It’s an attack on the inquiry, on a person far more junior than other witnesses #RobodebtRC

Sadly Services Australia have previously tabled voluminous examples of threats to staff members from social media in eg FOI matters. The royal commission has a specific criminal offence provision relating to this. If you see any of it, report it. #RobodebtRC