Public Sector

Royal Commission into the Robodebt Scheme

Advised and appeared for the Commonwealth of Australia, leading a team of 9 junior counsel, instructed by the Australian Government Solicitor, supported by Clayton Utz (Services Australia), Minter Ellison (Department of Social Services) and Ashurst (Australian Taxation Office).

Public hearings were held in Brisbane, Queensland between 31 October - 11 November 2022; 5 - 16 December 2022; 23 January - 3 February 2023; and 20 February - 10 March 2023.

The Royal Commissioner, the Hon. Catherine Holmes SC (former Chief Justice of Queensland), delivered her report to the Governor-General on 7 July 2023.

The Robodebt Scheme was a method of automated debt assessment and recovery implemented as part of he Australian Government’s Centrelink payment compliance program. The Scheme aimed to replace the formerly manual system of calculating overpayments and issuing debt notices to welfare recipients with an automated data-matching system that compared Centrelink records with averaged income data from the Australian Taxation Office.

The Scheme had been the subject of an investigation by the Commonwealth Ombudsman, two Senate committee inquiries and several legal challenges. Ultimately, the Federal Court declared the Scheme unlawful and approved a A$1.8 billion settlement including repayments of debts paid, wiping of outstanding debts, and legal costs.

https://robodebt.royalcommission.gov.au

Media coverage:

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ICAC Operation Ember (Roads and Maritime Services) (2019-2022)

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Appeared for the Roads and Maritime Services agency (Transport for NSW), instructed by Norton Rose Fulbright.

This public inquiry by the NSW Independent Commission Against Corruption was part of an investigation into the State Government’s Roads and Maritime Services agency (subsequently part of Transport for NSW) and allegations concerning two employees and how they exercised their official functions when awarding government contracts for the Heavy Vehicle Safety program.

The contract work included scoping studies, field trials and the supply of equipment and parts. Two contracts awarded in 2018 for the replacement of RMS’ portable weigh scale assets totalled over $9 million in value. The ICAC also investigated the adequacy of RMS’ corruption prevention policies and procedures. 

Public hearings were conducted between May and October 2019. Extensive written submissions were exchanged between the parties in 2020. The report of the Commissioner was published on 20 May 2022.

Also appeared in related civil proceedings, initially commenced on an urgent ex parte basis, in which RMS/TfNSW successfully obtained injunctions and freezing orders against contractors the subject of the ICAC investigation. Those proceedings were ultimately resolved favourably, securing repayment of substantial amounts of public money.

https://www.icac.nsw.gov.au/investigations/current-investigations/2019/operation-ember

https://www.icac.nsw.gov.au/media-centre/media-releases/2022-media-releases/icac-finds-former-rms-manager-corrupt-for-awarding-over-12-2-million-in-work-to-benefit-friends-and-himself

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Royal Commission into National Natural Disaster Arrangements

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Appeared as Senior Counsel Assisting, instructed by King & Wood Mallesons.

The Royal Commission into National Natural Disaster Arrangements was established in response to the extreme bushfire season of 2019-20 which resulted in loss of life, property and wildlife and environmental destruction.

Public hearings were conducted using remote hearing technology during the height of the COVID-19 pandemic, involving over 300 witness appearances and thousands of exhibits and public submissions.

naturaldisaster.royalcommission.gov.au

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Contact Clerk (Sarah Tiffen): Email: clerk@5wentworth.com Phone: +61 2 8066 6111 Urgent Assistance: +61 416 697 853