I held my twitter break waiting for the OAIC's explanation. Day I leave? Get this:
Australian Information Commissioner was 'not minded' to appear at #RobodebtRC as it "might prejudice the perceived independence of her office [and its functioning]" robodebt.royalcommission.gov.au/system/files/e…
This from the office who:
did an 'assessment' of PAYG data matching, which failed to evaluate the lawfulness or fairness averaging beyond a gentle 'risk'
Failed to press for S-G legals on media disclosures.
Being accountable would have helped not hurt the office. #RobodebtRC
People saw the flak the ATO took on privacy issues. Everything that was said to them can be said to OAIC. A regulator that got an appropriation to assess the system.
OAIC is afraid of adverse perceptions? They're already here. #RobodebtRC See 3.19-3.29 oaic.gov.au/privacy/privac…  In the OAIC’s view, these ...
These aren't historical issues. OAIC was incompetent in applying APPs 10/13. Under statute averaged data was not accurate, wasn't even relevant to debt calculation. OAIC acted as if statute doesn't matter to it, spouting timid generalities from its own guidelines #RobodebtRC Throughout this report, APP...
Next: DHS' "correcting the record" releases under section 202 not section 208. OAIC has SC legals saying you can't use 202. Pilgrim was right at the point of releasing a decision that effectively said:, you are ok for a privacy breach but there's an admin law issue #RobodebtRC
After learning Pilgrim is departing on Thursday, DHS-DSS fire up over the draft decision, and smash into OAIC. Allege a breach of the legal services direction. Spruik qualified&dated advice from 2005.
s202 had been heavily amended since that advice. OAIC caves #RobodebtRC
So.
What did OAIC supply to #RobodebtRC?

Here is their written response.

It put me in a *bad* mood this morning.
Not a single comment about its investigations or assessments of DHS and their patently substandard quality. Why? [2.3]
robodebt.royalcommission.gov.au/system/files/e… In particular, the followin...
So #RobodebtRC ask them about the investigation into the media doxxing.
Why, for instance, OAIC didn't insist on S-G advice when it&DHS had conflicting legal advices?

We. Get. This.
The phrase in s202 'for the purposes of X law' is common, OAIC needs to be clear on media leaks Image
The section 29 of AIC Act argument is ... it does not survive a reading of the broad privacy functions in the Privacy Act in my view

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More from @DarrenODonovan

Mar 22
In 2020, voices within Services Australia were highlighting the importance of fully remediating files, not just refunds. here's a document capturing common secondary injustices for people robodebt-ed #RobodebtRC robodebt.royalcommission.gov.au/system/files/e…
The NPP closing robodebt brags about its "cost effective" refund model and identifies non-remediation as a risk. I would like to know if the significant (and heavily gendered) financial impacts identified have ever been remediated #RobodebtRC robodebt.royalcommission.gov.au/system/files/e…
The NPP predicted the Ombudsman would haul them over the coals about not fixing up the secondary impacts of averaging. The 2021 report of the Ombudsman makes no mention of these issues. So let's get some firm answers will we? The remediation exhibit was posted today
Read 5 tweets
Mar 21
As flagged, I'm stepping back from this platform for a little bit. I'll come back for a bit in June, week or so before the #robodebtRC report release. I've a raft of catch up to do, to ensure I'm still on my feet in academia in like 5 years. A time to reset and reassess overall
Please do still reach out by email if you want to check something nerdy. I've come to sense it's that background/checking/deep dive stuff I really enjoy. I think academics can be most useful as a support not 'impactful' talking heads. I'm reflecting on that bundle of stuff.
There have been times I've upset people with my emphasis, what I didn't say, what I chose to say or attribute. I'm sorry about that. I've learnt I've hungover stuff from the last 5 years, copping the 'scholactivist' criticism, delayed outputs, tiredness etc. Time to reflect
Read 7 tweets
Mar 16
As we know there are two theories of what happened for robodebt to start. DSS went along or DSS were had. While we await the final report, I note this May 2016 email chain 2nd hand reporting DSS reactions to the 1st AAT saying 'get payslips'. #RobodebtRC robodebt.royalcommission.gov.au/system/files/e…
I love that DHS' primary concern to the emergence of AAT's questioning robodebt is 'ummm...this may be a lot of work and my unit isn't going to do it, yours is'. This is the now infamous March 2016 ppt that every DSS witness got hit with robodebt.royalcommission.gov.au/system/files/e… #RobodebtRc
Tweets like these ensure I, @chrisrudge and others don't lose track of exhibits. They're all called things "re: fw" "new version brief" etc. I 've lost one that refers to three existing legal advices on how you don't need to remediate errors if there's no appeal? #RobodebtRC
Read 6 tweets
Mar 15
Stuart Robert's submission #robodebtRC places the 2020 audit of last resort averaging at the core of his defence (para 180 onward). Services Australia did not table it in its responses. Methodology for it not explored in hearings robodebt.royalcommission.gov.au/publications/e…
I'm still hanging out here, before I step back as I've flagged. To be honest, I'm being bloody minded about wanting to do a thread on the OAIC submission. They should have matched the Ombo, and appeared, and I'm all ears for how they see their contributions #robodebtRC
On pre 2015, we have this 2010 email trail involving a service desk request on last resort averaging. Policy teams only, no legals [clearly]. AROs resist last resort. Gainsayed by policy team, frontline go with last resort #RobodebtRC robodebt.royalcommission.gov.au/system/files/e…
Read 4 tweets
Mar 9
#RobodebtRC Final Day.
It's goodness that changes minds and the world.
Again and again, we saw what a social security system should be about from the people who suffered. I'm thinking again of Sandra Bevan's description of her job. That's what matters ultimately. Well, I can tell you it's n...
I expect people will be saying thanks to Greggery and Holmes a fair bit today.
I accept us demented, livetweeting loraxes have literally coined a cult of Greggery- (now including merch)
But let's be more subtle. If you watched this, read the next tweet in a Holmes Whisper...
Jess...
Jess...
Please pass our thanks to every person working for the Commission behind the scenes, who we never even saw.
Thank them for taking short term contracts to do this mad sprint.
May everyone involved carry a bit of it with them, and go onto great things #RobodebtRC
Read 72 tweets
Mar 8
Block 4 Day 14 #RobodebtRC Unconvinced.

For painful hours yesterday Ms Macleod spoke to the work of a conscientious investigation team. A report that never was. Why did the office not back her? Answers today.

Initial concept design for the Ombudsman, 1979: Are your problems with a Co...
That was gutsy evidence yesterday, carrying that emotion, having wanted it different then having to present it. The best proper officer so far

We have our reasons in some ways: time, lack of resource for aat referral, Commonwealth v Commonwealth. Over to Mr Glenn. #RobodebtRC
‘It was a robust exchange between senior officials’ was how Mr Manthorpe described the 2019 decision to yank the generic comments on legality late last night.
The outcome suggests one side was robust, the other distinctly spongey #RobodebtRC
Read 89 tweets

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