Stuart Robert defended robodebt system despite ‘massive personal misgiving’

Stuart Robert has invoked cabinet solidarity and the Westminster system of government as he sought to explain his continuing public support for the illegal robodebt scheme.

Stuart Robert fronts the Robodebt royal commission in Brisbane on Thursday. Picture: NewsWire / Sarah Marshall

Former Coalition minister Stuart Robert has invoked cabinet solidarity and the Westminster system of government in a bid to explain his continuing public support for the illegal robodebt scheme, despite what he described as a “massive personal misgiving”.

Appearing before the Robodebt royal commission on Thursday, Mr Robert admitted he continued to publicly defend the automated debt recovery program while in charge of it as government services minister in 2019 even after forming doubts about its legality.

In one case, during a National Press Club address in November 2019, a week after receiving high-level legal advice that the scheme was in fact illegal and urging then prime minister Scott Morrison to end it, he described its use of ­income averaging as an “entirely appropriate” way to advise welfare recipients of possible debts.

Counsel assisting the commission, Angus Scott KC, asked Mr Robert if “the truthful response to the questions from the members of the press gallery at that point in time would have been to acknowledge that the government had reached the point where averaging was unlawful”.

“It may well be truthful, Mr Scott, but I wasn’t permitted to (say it),” he told the commission. “The (economic review committee) made it very, very clear that any public announcement was to be agreed with the prime minister, treasurer and minister for finance, and the attorney-general.”

When asked about defending the scheme’s legality in earlier media appearances, Mr Robert told the commission he was obliged as a member of cabinet to defend it even after forming the view it “couldn’t possibly add up”.

“I had a massive personal misgiving, yes. But I’m still a cabinet minister,” he said.

Asked about an interview on the ABC, he said “just because I have a reservation, it doesn’t mean I’m going to go on Laura Tingle’s program and say the government’s program is wrong … that’s not the way the Westminster system operates”.

Robodebt, introduced in 2015, was an automated method to calculate welfare recipient debts based on income averaging data from the tax office. After accusing thousands of people of being overpaid on welfare, and threatening legal action if they didn’t repay the money, the scheme was found to be illegal, and the government settled a $1.8bn class action lawsuit brought by victims.

The commission has heard evidence from victims and their families about the continuing anguish it caused, including a number of victims taking their own lives.

Mr Robert, who came into the government services portfolio in 2019, told the commission he “absolutely” took responsibility for the government’s failure in respect of the scheme, but strongly rejected claims he had ignored advice as to its legal status.

He told the commission he asked his department in July if there was any existing legal advice on the scheme, was told there was none, then asked for it to be done. He also said he couldn’t recall any verbal advice about legal issues.

Mr Robert also rejected in the “strongest possible terms” testimony earlier in the week from a top public servant that he didn’t take legal advice on the scheme seriously and that he told her to “double down” rather than apologise and correct the error.

When the advice was received on November 7, he “walked straight into the prime minister’s office, put it down and said we need to stop this”, Mr Robert told the commission.