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General Discussion >> Federal Politics >> Robodebt no duty of care for welfare recipients.
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Message started by philperth2010 on Feb 18th, 2020 at 4:34pm

Title: Robodebt no duty of care for welfare recipients.
Post by philperth2010 on Feb 18th, 2020 at 4:34pm
The Federal Government has taken money off people unlawfully and claim they have no responsibility towards the unemployed....How can anyone defend this bullshit???


Quote:
Coalition says it has no duty of care for welfare recipients over robodebt

The government has claimed it does not owe welfare recipients a duty of care over the robodebt scandal and has denied alleged debtors were placed under “duress”, despite admitting in court documents that some debts were based on “false” assumptions.

As the Coalition refuses to provide its legal advice about the scheme to a Senate inquiry, documents filed in the federal court reveal the government has conceded that debts issued using tax office income summaries could “not be validly established” under the law.

Coalition warned robodebt scheme was unenforceable three years before it acted

But in the documents, obtained by Guardian Australia, the government argues it should not be required to pay compensation because social security law makes no mention of a need to exercise “due or reasonable care”.


>:( >:( >:(

https://www.theguardian.com/australia-news/2020/feb/18/coalition-says-it-has-no-duty-of-care-for-welfare-recipients-over-robodebt

Title: Re: Robodebt no duty of care for welfare recipients.
Post by John Smith on Feb 18th, 2020 at 4:43pm
i hope the people affected (including choo choo) start a class action against the govt and win big time.


Title: Re: Robodebt no duty of care for welfare recipients.
Post by philperth2010 on Feb 18th, 2020 at 4:54pm

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


A class action is underway John!!!

From the LINK


Quote:
While a federal court order striking out a Melbourne woman’s debt suggested the government now considers parts of the scheme unlawful, its defence to a class action filed by Gordon Legal represents its first public statement conceding that it issued potentially thousands of debts that were not valid under the law.

The debts considered unlawful are those in which Centrelink sought repayments from people based solely on the agency’s estimate of a person’s employment earnings, known as “income averaging”. In these cases, Centrelink did not obtain payslips or other evidence that could prove a person misreported their earnings.

In its defence to the class action, the Commonwealth admitted that in the case of the five lead applicants, income averaging was not “the same as their actual fortnightly income, and was not necessarily referable to or indicative of their actual income in any fortnight”.

And in such cases, the “fortnightly income assumption” relied on by Centrelink “was false”, the court documents say.

More than 600,000 debts have been issued under the robodebt scheme, which demanded people provide evidence to prove they did not underreport their income to Centrelink – which would led them to be overpaid welfare benefits. If they refused or could not obtain the documents, a debt was issued.


The Government don't want to repay money it unlawfully obtained with a system they were told was illegal....They must be on drugs???

:-? :-? :-?

https://www.theguardian.com/australia-news/2020/feb/18/coalition-says-it-has-no-duty-of-care-for-welfare-recipients-over-robodebt

Title: Re: Robodebt no duty of care for welfare recipients.
Post by John Smith on Feb 18th, 2020 at 5:01pm

philperth2010 wrote on Feb 18th, 2020 at 4:54pm:
A class action is underway John!!!



great ... they should be compensated not just the amount they paid, but also the time and grief caused by the govt.

Then the minister who approved this knowing it was illegal should be charged with criminal fraud.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by juliar on Feb 18th, 2020 at 6:55pm
The Libs had to do something to reduce the enormous amount of WELFARE FRAUD started by Labor during their six sick years of Socialist waste and disgrace and shame.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by Setanta on Feb 21st, 2020 at 7:33pm

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


I can't be part of it. I've had two attempts at me nullified. I've also helped others. Helped one fraud case in court that was not upheld and one robodebt case nullified.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by Dnarever on Feb 21st, 2020 at 8:38pm
Every time you think that the Liberals can go no lower - well they have no bottom limit at all do they.

The Australian Liberals are among the scum of the world.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by philperth2010 on Feb 22nd, 2020 at 10:11am

Setanta wrote on Feb 21st, 2020 at 7:33pm:

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


I can't be part of it. I've had two attempts at me nullified. I've also helped others. Helped one fraud case in court that was not upheld and one robodebt case nullified.


The Government is using the lack of definition in the welfare act to determine they have no duty of care because it is not specifically stated....How can the courts determine the money does not need to be refunded when it was taken illegally and was not owed in the first place....This is theft and the Government knew it was illegal before it rolled it out....Bastards???

>:( >:( >:(


Title: Re: Robodebt no duty of care for welfare recipients.
Post by Bam on Feb 22nd, 2020 at 4:33pm

philperth2010 wrote on Feb 22nd, 2020 at 10:11am:

Setanta wrote on Feb 21st, 2020 at 7:33pm:

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


I can't be part of it. I've had two attempts at me nullified. I've also helped others. Helped one fraud case in court that was not upheld and one robodebt case nullified.


The Government is using the lack of definition in the welfare act to determine they have no duty of care because it is not specifically stated....How can the courts determine the money does not need to be refunded when it was taken illegally and was not owed in the first place....This is theft and the Government knew it was illegal before it rolled it out....Bastards???

>:( >:( >:(

The Public Service Act is the place to look, not the Social Security Act.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by philperth2010 on Feb 22nd, 2020 at 4:54pm

Bam wrote on Feb 22nd, 2020 at 4:33pm:

philperth2010 wrote on Feb 22nd, 2020 at 10:11am:

Setanta wrote on Feb 21st, 2020 at 7:33pm:

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


I can't be part of it. I've had two attempts at me nullified. I've also helped others. Helped one fraud case in court that was not upheld and one robodebt case nullified.


The Government is using the lack of definition in the welfare act to determine they have no duty of care because it is not specifically stated....How can the courts determine the money does not need to be refunded when it was taken illegally and was not owed in the first place....This is theft and the Government knew it was illegal before it rolled it out....Bastards???

>:( >:( >:(

The Public Service Act is the place to look, not the Social Security Act.


It is what the Government want's the Courts to accept is their responsibility....This Government wants the court to accept it should not be required to pay compensation because social security law makes no mention of a need to exercise “due or reasonable care”....In other words screwing over welfare recipients is perfectly acceptable for this Government???

:-? :-? :-?

Title: Re: Robodebt no duty of care for welfare recipients.
Post by Dnarever on Feb 22nd, 2020 at 5:18pm

philperth2010 wrote on Feb 22nd, 2020 at 4:54pm:

Bam wrote on Feb 22nd, 2020 at 4:33pm:

philperth2010 wrote on Feb 22nd, 2020 at 10:11am:

Setanta wrote on Feb 21st, 2020 at 7:33pm:

John Smith wrote on Feb 18th, 2020 at 4:43pm:
i hope the people affected (including choo choo) start a class action against the govt and win big time.


I can't be part of it. I've had two attempts at me nullified. I've also helped others. Helped one fraud case in court that was not upheld and one robodebt case nullified.


The Government is using the lack of definition in the welfare act to determine they have no duty of care because it is not specifically stated....How can the courts determine the money does not need to be refunded when it was taken illegally and was not owed in the first place....This is theft and the Government knew it was illegal before it rolled it out....Bastards???

>:( >:( >:(

The Public Service Act is the place to look, not the Social Security Act.


It is what the Government want's the Courts to accept is their responsibility....This Government wants the court to accept it should not be required to pay compensation because social security law makes no mention of a need to exercise “due or reasonable care”....In other words screwing over welfare recipients is perfectly acceptable for this Government???

:-? :-? :-?


It is worse than that its not just duty of care they were fully aware that they were breaking the law before the scheme started.

This isn't duty of care or even culpable negligence because they knew what they were doing was wrong and going to fail in advance.

Anyone but the government would be looking at a prison term.

Deliberately targeting the very poorest in the community like this clearly shows the reason that a scumbag liberal government should never be elected.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by Bam on Feb 22nd, 2020 at 8:39pm

Dnarever wrote on Feb 22nd, 2020 at 5:18pm:
It is worse than that its not just duty of care they were fully aware that they were breaking the law before the scheme started.

This isn't duty of care or even culpable negligence because they knew what they were doing was wrong and going to fail in advance.

Anyone but the government would be looking at a prison term.

Deliberately targeting the very poorest in the community like this clearly shows the reason that a scumbag liberal government should never be elected.

A Royal Commission into Centrelink is fully justified by Robodebt alone, and there's a lot more going on at Centrelink that the media haven't found out about yet.

Title: Re: Robodebt no duty of care for welfare recipients.
Post by Dnarever on Feb 23rd, 2020 at 8:47am

Bam wrote on Feb 22nd, 2020 at 8:39pm:

Dnarever wrote on Feb 22nd, 2020 at 5:18pm:
It is worse than that its not just duty of care they were fully aware that they were breaking the law before the scheme started.

This isn't duty of care or even culpable negligence because they knew what they were doing was wrong and going to fail in advance.

Anyone but the government would be looking at a prison term.

Deliberately targeting the very poorest in the community like this clearly shows the reason that a scumbag liberal government should never be elected.

A Royal Commission into Centrelink is fully justified by Robodebt alone, and there's a lot more going on at Centrelink that the media haven't found out about yet.


Indeed, there are politicians who deserve to end up in prison over this.

Australian politicians should not be above the law, the current protections they enjoy should be removed.

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