Ministers must answer why Social Services keep breaking the law

2026-01-27
greens.org.au
Today’s Commonwealth Ombudsman Report finding that Services Australia and the Department of Social Services has been non-compliant with social security law regarding child support for the past six years shows a Department which has learned nothing from Robodebt and is seemingly incapable of administering the law.
As the Ombudsman notes in their report today, “Knowingly and deliberately not complying with the law was at the heart of Robodebt.”, yet the Government has persistent issues with following social services law, often to the harm of welfare recipients.
Last year, two separate Commonwealth Ombudsman inquiries and an external review from Deloitte could not assure the lawfulness of the Targeted Compliance Framework, under which over a hundred thousand welfare payments are withheld from recipients every month under the system known as ‘mutual obligations’.
Despite Labor Ministers being unable to assure the lawfulness of the mutual obligations system, the government continues to suspend vast numbers of payments each month (learn more).
The Government was also forced to introduce legislation last year to retrospectively legalise the collection of over $1 billion of welfare debts after it was found that the method used to calculate debts for years was unlawful.
Regarding the child support law issue raised in the Ombudsman’s report, the Greens have sought a briefing from the government on legislation planned to be introduced to the Parliament in February.
Lines attributable to Senator Penny Allman-Payne, Greens spokesperson for Social Services:
“This will be the second time in just six months that the government has sought to rush through retrospective laws to cover the fact they can’t administer the welfare system legally.”
“Labor can’t even say if a core part of their welfare system is lawful, yet they continue to use that system of ‘mutual obligations’ to unlawfully suspend over a hundred thousand welfare payments from people who need them every month.”
“How can anyone trust that our welfare system is being administered correctly and fairly when the government keeps on breaking its own laws, and can hide it for six years?”
“When families on income support break the rules, they get the book thrown at them, but when the government does it it’s like it never happened.”
“Robodebt showed us what happens when the government breaks its own laws without consequence, and it’s clear the Department has not learned its lesson.”
“It’s time Labor took responsibility for their own Departments and brought them in line with the law, including abolishing the unlawful mutual obligations system now.”