Former senior government lawyer 'didn't contemplate' sharing advice Robodebt was illegal

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Paul Menzies-McVey said he was 'not sure if I turned my mind to that' when asked if he worried about people who received debt letters while he waited on further legal advice.

abc.net.au/news/robodebt-scheme-government-royal-commission-former-lawyer/102001616A former top federal government lawyer has revealed he did not share legal advice that the Robodebt scheme was illegal with the department responsible.During the hearing, he accepted that if the advice were true, the scheme had no legal basisPaul Menzies-McVey, who was previously chief counsel at the Department of Social Services , fronted the royal commission into the scheme in Brisbane on Tuesday.

The inquiry is holding a final block of hearings into Robodebt, which used income averaging and tax and Centrelink data to calculate social security debts. Mr Menzies-McVey was grilled by counsel assisting Justin Greggery KC and Commissioner Catherine Holmes over the fact he was aware of three separate pieces of legal advice that determined the income recovery scheme was unlawful, but did nothing, while working at DSS in 2019.

Mr Menzies-McVey replied: "I wouldn't characterise the advice as saying that the program was unlawful".He told the inquiry the advice did not consider what inferences could legally be drawn if someone did not provide an alternative account of their income that disproved a debt notice, such as a bank statement.

However, he said he was not certain about the issue and did not seek legal advice about it because "the correct answer, whatever that may be, was being sought by the solicitor-general".

 

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Now what is the Outcome for those that were Threatened .

When is a bureaucrat going to lose their job over bad policy decisions devised by them?

I don't think the Commonwealth should ever contemplate employing Paul Menzies-McVey in any role from janitor to lawyer ever again. What a disgraceful creature!

Why isnt this at the top of the News Agenda ABC.

Why didn’t you include Ms Blake saying so emphatically “I remember” in your report. How disgusting that all her superiors so far “can’t recall” or “didn’t turn their mind”. Memory and morals both MIA until Ms Blake.

Like these 39 war crimes committed by Australian soldiers in Afghanistan and uncovered by ABC reporters, this Robodebt will go unpunished... Thank you ABC for making it possible.

As long as he took home his pay packet, he’s alright mate You’re on ya own Sux to be you How could anyone ‘professing to be a lawyer’ be so out of touch with the concept of ‘something breaking the Law’ and a lawyer not doing anything about it? The Robodebt RC shows fails..

Typical. Grub.

This commissioner needs to close down and document the recommendations. Which will be, we can no longer use averaged ATO PAYG income. Another thing we already knew. They will be scathing of the government but recommend no charges or anyone be held accountable, the usual crap.

A lawyer not sharing something that was illegal 😵‍💫

He is what is wrong with the world.

It’s not like it was his job or anything…

I am sure s9 e of these people have been employed here have been taking money under false pretences.

There's an English parlance to describe this chap: a 'Jobsworth'.

It sounds more like he turned his mind to adiopocere

Who got sacked and who's been charged?

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Government lawyers were told Robodebt's income-averaging method couldn't be used to calculate welfare debtsThe inquiry today heard from a mother whose son took his own life after being targeted with dozens of phone calls, text messages from Centrelink and debt collectors chasing an alleged Robodebt. Now do the tax office. I bet they send people over the edge too! Surely the ABC should quote Commissioner Holmes and headline this “A Harrowing Story” for thats exactly what it is. Robodebt and it’s mishandling by the ministers responsible is surely one of the most shameful episodes in Australian Government history.
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