Former ombudsman's office official Louise Macleod appears genuinely angry and shocked when shown some of the legal material DHS didn't provide to the watchdog during its 2017 investigation. Includes an email a DHS lawyer sent saying income averaging was a no go #robodebtrc
Macleod: "To be honest, it annoys the hell out of me... That demonstrates ... they weren't participating in good faith."
My god.
"I could drive a truck through the holes in this advice." - Ombudsman's official's view on the department's robodebt legal advice.
Holmes says that's a sound sentiment. Scott laughs. Macleod very uneasy
"You could drive a convoy through that rationalisation." Holmes on the 2017 DSS advice - and the department's explaining away of the 2014 advice that said robodebt was a no go Image
Obvious, shameful failings of the ombudsman's office aside (and yes, a big caveat), at least Macleod appears to be genuinely reflecting on these mistakes while giving evidence. That's not been the norm
OK here it. The draft of the report contained clear language that averaged debts would be inaccurate. But the final report didn't include that strong language. Macleod says they tried to convince the acting ombudsman, Richard Glenn, and he disagreed.
Christ - the draft report included a line saying averaging hadn't been tested in the courts and should be. Nixed by the acting ombudsman Image
Ombudsman's office investigator Louise Macleod is breaks down as she is shown DHS emails showing an averaging rate of 76%. Those emails weren't provided to the ombudsman for the investigation. Short break while she composes herself Image
DHS said they didn't have the data...
Holmes asks why she has such an emotional response to finding out "a lot of stuff" today.
Macleod: "I suppose I feel like a failure."
Holmes - why should you feel like a failure, you clearly raised a lot of issues that weren't taken up?
Macleod: "I couldn't convince others." Image
Holmes: "I've spent much of my life not being able to convince others of things I feel very strongly about. So you're not unique there."

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More from @lukehgomes

Mar 10
Today is the last day of hearings for the #robodebtrc. The first witness is former Centrelink employee Taren Preston. Image
Will tweet where I can!
Preston, a social worker at Centrelink, says it was standard when people came in to discuss a robodebt that she conducted a "suicide risk assessment"
Read 98 tweets
Feb 28
Expecting a big day at the #robodebtrc today. The first witness is Renee Leon, who succeeded Kathryn Campbell as secretary of the Department of Human Services. Leon was in the top job when robodebt faced the ultimately successful landmark federal court challenge.
We revealed recently how Leon wrote to the ombudsman telling it to remove recommendations questioning robodebt's legality from its 2019 report into the scheme. Those comments were cut from the public report after Leon's letter. theguardian.com/australia-news…
We might expect questions over why the robodebt scheme was not paused after the AGS warned in late March 2019 that the scheme was likely unlawful. (AGS told the department to get more advice from the solicitor-general, which it did.)
Read 141 tweets
Feb 27
We're expecting the #robodebtrc to today focus on the crucial period 2017 when the robodebt scheme exploded into public view. This was widely acknowledged by previous witnesses as a "crisis" for the program.
Mark Gladman, former deputy general counsel of the programme advice and privacy branch at the Department of Human Services, is the first witness at the #robodebtrc
Straight into it. It's Jan 2017, most key people in the department are on leave. Gladman gets a request for a paper on the department's practice of income averaging
Read 82 tweets
Feb 23
Here is my thread for today's #robodebtrc hearings. The first witness is the former department of social services deputy secretary Serena Wilson.
Wilson has previously accepted she breached the APS code of conduct in not stopping the robodebt scheme, saying she lacked "courage".
So this is Wilson's second appearance at the royal commission. She is legally represented today. So is her former boss, DSS secretary Finn Pratt.
Read 177 tweets
Feb 22
Today's first #robodebtrc witness is Matthew Roser, general counsel at the Department of Human Services
Roser was involved with the FOI and information release team, working out of an office in Canberra. Her boss was Annette Musolino, and later, Tim Ffrench
Roser's team had responsibility for advising on the prospects of appeal against AAT 1 decisions.
Read 133 tweets
Feb 21
The first witness at the robodebt commission today is Paul Menzies-McVey, former chief counsel, Department of Social Services. #robodebtrc
Menzies-McVey was acting chief counsel in early 2017, replacing Annette Musolino.
Between April 2016 and March 2017 Menzies-McVey was the branch manager in the business transformation legal branch, one of six legal branches. It was a small team of about 12 lawyers, compared to the 200 people in the whole legal services division
Read 98 tweets

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