Robodebt Scheme

What is a Royal Commission?

A Royal Commission is a special type of investigation into a particular issue. It is independent from government and has certain features, including:

• a Commissioner or number of Commissioners appointed to run the investigation
  
• specific terms of reference that set out what the investigation covers
  
• a set period of time for the investigation, usually this can be extended
  
• public invitations to make written statements or give evidence in person about the issues
  
• public hearings
• broad powers requiring witnesses to attend hearings or to legally provide relevant documents
  
• releasing the findings of the investigation in a report, alongside recommendations for improvements.

At a Federal level, a Royal Commission has powers under the Royal Commissions Act 1902 (Cth). Different laws apply at a State level. In NSW, a Royal Commission has powers under the Royal Commissions Act 1923 (NSW).

What did this Royal Commission investigate?

The terms of reference required the Royal Commission to investigate:

1. The establishment, design and implementation of the Robodebt scheme. This includes information about:    

• who was responsible for its design, development and establishment
• why it was considered necessary or desirable
• any advice or processes that informed its design or implementation
• any concerns raised about its legality or fairness

2. The use of third party debt collectors under the Robodebt scheme

3. Concerns raised following the implementation of the Robodebt scheme. This includes information about:    

• how risks were identified, assessed and managed in response to concerns raised
• the systems, processes or arrangements in place to handle complaints about the Robodebt scheme
• whether complaints were handled in accordance with those systems, processes or arrangements
• whether complaints were handled fairly
• how the Australian Government responded to legal challenges, including decisions made by the Administrative Appeals Tribunal
• when the Australian Government knew, or ought to have known that debts were not, or may not have been, validly raised
• whether the Australian Government sought to prevent, inhibit or discourage scrutiny of the Robodebt scheme

4. The intended or actual outcomes of the Robodebt scheme. This includes information about:

• the impacts that the scheme had on individuals and families
• the costs of implementing, administering, suspending and winding back the scheme, including associated costs such as obtaining advice and legal costs

For more information, see Terms of reference on the Royal Commission into the Robodebt Scheme website.

Who was the Royal Commissioner?

Ms Catherine Holmes AC SC was appointed as the Royal Commissioner.

For more information, see About the Commission on the Royal Commission into the Robodebt Scheme website.

What were the recommendations of the Royal Commission?

The Royal Commission released its final report on 7 July 2023.

The Royal Commission has made 57 recommendations on how to improve the public service, and the processes of the Department of Social Services and Services Australia.

You can find the Report on the Royal Commission into the Robodebt Scheme website.

Where can I get legal advice about the Robodebt Scheme?

If you would like advice on Robodebt generally, you can contact the Legal Aid NSW Social Security Service.