Jump to content

Royal Commission into the Robodebt Scheme

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by CAPTAIN RAJU (talk | contribs) at 20:45, 29 September 2022 (Background: clean up, typo(s) fixed: ’s → 's). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Royal Commission into the Robodebt Scheme
CommissionerThe Hon. Catherine Holmes AC SC
Inquiry period18 August 2022 (2022-08-18) – 18 April 2023 (2023-04-18)
Constituting instrumentRoyal Commissions Act 1902 (Cth)
Websiterobodebt.royalcommission.gov.au

The Royal Commission into the Robodebt Scheme is a royal commission established on 18 August 2022 by the Australian government pursuant to the Royal Commissions Act 1902. The Royal Commissioner is required to provide a final report by 18 April 2023.[1]

Background

In June 2020, the Greens and Labor called for a Royal Commission into Robodebt, to 'determine those responsible for the scheme, and its impact on Australians'.[2][3] These calls have been reiterated by university academics,[4] and by ACOSS, which stated that "although some restitution has been delivered to victims of Robodebt, they have not received justice".[5]

In May 2022, the final report from the second Senate inquiry into the Robodebt scheme recommended a Royal Commission, "to completely understand how the failures of the Income Compliance Program came to pass, and why they were allowed to continue for so long despite the dire impacts on people issued with debts".[6]

In June 2020 Labor had stated that only a Royal Commission would be able to obtain the truth about Robodebt.[7] Labor subsequently budgeted A$30 million in its election costings for the 2022 election for a Royal Commission into the Robodebt scheme.[8] ACOSS chief executive Cassandra Goldie welcomed this saying "The Robodebt affair was not just a maladministration scandal, it was a human tragedy that resulted in people taking their lives".[9]

Following Labor's election win,[10] Prime Minister Anthony Albanese announced the Royal Commission into the Robodebt Scheme, with Letters Patent issued by Governor-General David Hurley on 25 August 2022. The Letters Patent appointed former Queensland Supreme Court Justice Catherine Holmes as Royal Commissioner.[1][11][12]

Terms of reference

The terms of reference outlined in the Letters Patent require the commissioner to examine:[13]

  • The establishment, design and implementation of the Robodebt scheme
  • The use of third party debt collectors under the Robodebt scheme
  • Concerns raised following the implementation of the Robodebt scheme
  • The intended or actual outcomes of the Robodebt scheme

Powers

The powers of Royal Commissions in Australia are set out in the enabling legislation, the Royal Commissions Act 1902 (Cth).

Royal Commissions have powers to issue a summons to a person to appear before the Commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require a person to deliver documents to the Commission at a specified place and time.[14] A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$1,000 or six months imprisonment.[15] A Royal Commission may authorise the Australian Federal Police to execute search warrants.[16]

Reports

The Royal Commissioner is required to provide a final report by 18 April 2023.[1]

See also

References

  1. ^ a b c "Home". Royal Commission into the Robodebt Scheme. Australian Government. 2022. Retrieved 29 September 2022.
  2. ^ "Calls for royal commission into robodebt and apology from Morrison government". The Guardian Australia. 2 June 2020. Retrieved 1 May 2022.
  3. ^ "Labor calls for royal commission into robodebt scheme". Nine News. 23 June 2020. Retrieved 1 May 2022.
  4. ^ "We need a royal commission into robodebt". La Trobe University. 23 June 2020. Retrieved 1 May 2022.
  5. ^ "Calls heard again for royal commission into 'horrific' and unlawful robodebt scheme". SBS News. 19 August 2021. Retrieved 1 May 2022.
  6. ^ "Chapter 2: A massive failure of public administration". Parliament of Australia. Retrieved 19 May 2022.
  7. ^ "Labor bid for robodebt inquiry". www.theaustralian.com.au. 22 June 2020. Retrieved 25 May 2022.
  8. ^ "Robodebt Royal Commission". www.alp.org.au. Retrieved 25 May 2022.
  9. ^ "Labor pledges royal commission into 'human tragedy' of robodebt if elected". Guardian Australia. 30 April 2022. Retrieved 25 May 2022.
  10. ^ "Labor secures majority government despite record non-major party vote and crossbench". the Guardian. 30 May 2022. Retrieved 22 June 2022.
  11. ^ "Robodebt royal commission established to investigate almost $2 billion in unlawful debt claims". ABC News. 25 August 2022. Retrieved 25 August 2022.
  12. ^ "Explained: A Robodebt royal commission has been announced. What can we expect next?". www.9news.com.au. Retrieved 27 August 2022.
  13. ^ "Letters Patent – plain English". Royal Commission into the Robodebt Scheme. Australian Government. 18 August 2022. Retrieved 29 September 2022.
  14. ^ "Royal Commissions Act 1902 - Sect 2: Power to summon witnesses and take evidence". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
  15. ^ "Royal Commissions Act 1902 - Sect 3: Failure of witnesses to attend or produce documents". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.
  16. ^ "Royal Commissions Act 1902 - Sect 4: Search warrants". Austlii.edu.au. Archived from the original on 3 February 2014. Retrieved 23 January 2014.