Those who publicly criticise Centrelink's automated debt recovery program could have their personal information released to correct the record, the Department of Human Services (DHS) has warned.
Blogger Andie Fox wrote an opinion piece for Fairfax Media earlier this month claiming
Centrelink "terrorised" her while chasing her for a debt she believed
she did not owe.
On the weekend, Fairfax published an article from the Government's
perspective, raising the prospect of Centrelink being "unfairly
castigated".
In the article a spokesman for
Centrelink commented on Ms Fox's personal information including her history of
claiming the Family Tax Benefit and relationship circumstances.
A DHS spokesman said personal
information could be released by the Government to correct public statements of
complaints.
"Such disclosures are made for
the purposes of the social security law or the family assistance law, they do
not need to be formally authorised by the secretary," the spokesman said.
"Unfounded allegations
unnecessarily undermine confidence and takes staff effort away from dealing
with other claims.
"We will continue to correct the
record on such occasions."
Labor's Linda Burney accused DHS of
"deeply unethical actions" and the Government of seeking
"revenge".
"The disclosure has occurred
deliberately to smear a private individual who has spoken out about the error
prone robo-debt program and the deeply flawed Centrelink debt recovery
process," she said.
"Correcting the record is one
thing, attempting to smear and discredit opponents is entirely different and
far more troubling."
Ms. Fox's response can be found at https://bluemilk.wordpress.com/2017/02/26/is-this-what-happens-when-you-criticise-government/.
People pursued by
Centrelink over its controversial "robo-debts" are being denied the
protection of Australian consumer law, a Parliamentary inquiry has been told.
The welfare agency is
exempt from laws and guidelines covering debt collection by private businesses,
"even the much maligned banks", according to the chief executive of
Victorian community organisation Family Care, David Tennant.
But Centrelink says
that is, and the private sector debt collectors hired to pursue its clients,
are compliant with legal requirements.
Mr Tennant, who has a
background in consumer law, says much of Centrelink's activities in pursuing
its millions of dollars in "robo-debt" would be illegal if done by a
non-government player.
The legal immunity
enjoyed by Centrelink allows it to "pressure people for payment in ways
that are objectively unfair," Mr Tennant says in his submission to the
Parliamentary inquiry into the robo-debt crisis……
In his submission to
the inquiry, Mr Tennant, a former chairman of the national peak body for
financial counsellors, say he is surprised by the "lack of commentary
about how Centrelink's conduct stacks up against the normal rules applying to
the collection of debts in Australia".
"There are
significant problems associated with a government department pursing a course
of action that would likely be illegal if adopted by a body other than
government," Mr Tennant wrote.
"It potentially
erodes the confidence of those who rely on the benefit system to treat them
fairly, or to recognise them as having the same rights as all citizens.
Although I suspect
that one of the reasons behind Centrelink supplying personal and perhaps
sensitive client information to the media may be in order to produce a chilling
effect on submissions made to this particular Senate inquiry.
This inquiry is accepting written submissions until 22 March
2016.
The inquiry reporting
date is 10 May 2017.
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