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

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…

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.

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

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

#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. 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...

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: 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

#RobodebtRC Block 4 Day 13. Capture.
"... business rules in the OCI that support the debt calculation are comprehensive and accurately capture the legislative and policy requirements"
The Ombudsman. 2017. [2.28]
How far we have come from this milk carton ad from 1982. It's likely my tweets are going to devolve into 'cranky guy on a park bench' today. The exhibits haven't improved my mood any, cos it isn't just *that* report. It's the issues of interest request, the quarterly liaison meetings. So. many. chances. to. do. something. #RobodebtRC

#RobodebtRC Block 4 Day 12. “At some points it was going to cost us more to act on that information…The cost of doing that has now decreased." Those were Kathryn Campbell’s first public words about robodebt on June 2 2015. Today we will get her final ones. The quick insertion of Barry Jackson into the witness list suggests we will be testing the post Xmas 2017 handover. Everything had been spooling up for AGS legal advice, then in true APS form… a printed email, an absence of recollection, and…nothing. #RobodebtRC

#RobodebtRC Block 4 Day 11.
A Prime Minister reads a Peter Martin op-ed and decides to knock some ministerial heads together. Six years later he’s appearing by video link, speaking to the distinctly mild ripples of diligence that followed his wading in. #RobodebtRC Mr Turnbull will be quick (4 other witnesses today), though a reminder of this exhibit robodebt.royalcommission.gov.au/system/files/e… Mr Greggery may ask why staff at PM&C did a “decision points” overview. This exhibit triggered the “come come surely you read this?” fun with Mr Tudge. #RobodebtRC

Block 4 Day 10. Yesterday had all the dynamics of an account of a bar fight. Today is a quieter day, which at #RobodebtRC means:
- why a report contracted for with taxpayers $ went undelivered,
- debating contempt of a tribunal
- what did you mean by “exposure” in that email? My reaction to yesterday was a plague on all your houses. Even if accepted, it was an account of inaction, deception and 'game' politics. A sad validation of what one academic said to me in 2019, 'stay away from it, there's no point.' #RobodebtRC theguardian.com/australia-news…

A “Small cohort of Australians” #RobodebtRC Block 4 Day 9. Today needs no intro. I think it might show the flaws of an elitist account about what stopped robodebt. Retrospective legislation was canvassed. The campaigners who made the frame “robodebt” not “welfare cop” were key It’s not just one person. Politicians are mostly gaudy kites blowing on society’s winds. “welfare cop” is a broader political ecosystem that’s run for years. People watching, thinking this is so extreme, these poor people, how did they ever think…

Welfare cop. #RobodebtRC

#RobodebtRC block 4 day 8 everyone has one eye on tomorrow, which given its ms Musolino today, says something. Important to note the briefs on misfeasance aren’t aimed at the minister, but the Secretary as decision maker. Leon stopped it. she needed to. robodebt.royalcommission.gov.au/system/files/e… Elevating government’s right to chew over things over a pause was best snapped out of. My bet is Robert will stress he was given a a “for noting” brief. Secretary was decision maker at law, comment was indicating future policy approaches etc. #RobodebtRC robodebt.royalcommission.gov.au/system/files/e…

#RobodebtRC Block 4 Day 7. Secretary Leon today. signs of early curiosity in briefs after replacing Campbell. But goes with full throated endorsement of robodebt by Musolino. Likely themes: Letter to Ombo, Masterton, failure to brief in writing, not sharing advice with dss. Why not pause with Masterton? Will face questions on the sensitive cohort proposal to expand robodebt. That results in a media leak, which she believes comes from dss. Musolino attributes the failure to share the SG advice promptly to the fear of a further leak. #RobodebtRC

Block 4 day 6. #RobodebtRC deepening seriousness last week - one shouldn’t just focus on “politician days”. A portrait of bureaucratic actions in the shadow of a political vibe. In any dept only a tiny fraction of matters are directed by a minister, but 100% can be life changing Today will probe the January 2017 window. you have staff acting in positions handing others printed out draft legals, saying we need external advice. How does it stall? & Greggery tabled another lawyer coming out against averaging in this window to start the block. #RobodebtRC

#RobodebtRC Block 4 Day 5. In the end, it all came down to just $92.06. By garnisheeing Ms Amato, the government incurred interest. That $92 dollars amongst billions, the hero who asked for it back, produced an accountability could not be raptured or evaded. She&VLA speak today might be tweeting at lower tempo today due to massive work email. And ironically, paper proposals are dur by 5pm for what everyone watching #RobodebtRC know is the *event* of the year:

The National Administrative Law Conference

I’m currently without a proposal… #RobodebtRC

#RobodebtRC Block 4 Day 4, we continue today with two DHS compliance managers who interacted with DSS in January. Grave questions arising from yesterday. striking to see early belief in late 2014 that DSS - the portfolio agency - could be elbowed out of the way. The witness list for next week is here. Emphasis on 2019, 2017 Jan legals. Ms Payne returning is likely on clearing of the NPP over the phone, pre ERC briefing. post minute, it’s on the dhs side that one sees briefings, secondment to ERC. robodebt.royalcommission.gov.au/system/files/2… #RobodebtRC

Join me in squinting at this June 2020 exploration by AGS on the theme of “what if Gordon Legal plead misfeasance”. Abominable scan quality but seems they couldn’t be sure of the risk as they needed to know the things the RC is finding out #RobodebtRC robodebt.royalcommission.gov.au/system/files/e… Just a reminder that the knowing breach of duty of care argument that was run, and was perceived by the court as very weak, was a different ground to misfeasance. Misfeasance is its own thing, a discrete tort

#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

#RobodebtRC Block 4 day 2. Today is more 2019 focused. From March-November - somewhere around 100k debts are raised after advice against averaging in masterton. Failure of DHS to share advice with DSS, DHS panic. Will look at legal services directions obligations as AGD called The exhibits on briefing of ministers in 2019 are just... they massage, avoid everything. For years the APS have blamed the FOI Act for chilling frank and fearless advice. Well, here in the redacted heart of government - we see what really drives them. #RobodebtRC

#RobodebtRC Block 4 (6 years, last lap). I’m running 1st year orientation tomorrow morning, so early thread post. follow @maximumwelfare (in Brisbane!). +@squigglyrick if his sabbatical is back in unfinalised “draft” form. This week returns to get answers on robodebt’s creation who/what caused the final NPP checklist to read “no legislation needed”. What were people thinking on launch? (Reckless indifference etc)
We have literally received a chorus of discordant takes on this. As it was spread over block1/2, a rough refresher #RobodebtRC