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A Services Australia staff member alleged she suffered mistreatment due to her participation in the robodebt royal commission.
Jeannie-Marie Blake, a compliance officer involved in the administration of the robodebt scheme, has brought a Federal Court lawsuit against the Commonwealth for the mistreatment she alleged she suffered after raising concerns with her superiors.
Between 2016 and 2019, the robodebt scheme raised more than half a million inaccurate Centrelink debts via “income averaging”, which Blake allegedly pushed back on because she felt it was “wrong to average incomes when we know that customers are earning different fortnightly payments from casual work”.
Around mid-2016, Blake alleged her team leader, Christine Barber, responded to her concerns with: “You have three options: to continue during the work you’re tasked with, to ask for a transfer to another team or department, or to find a job outside the public service.”
The averaging has since been found to be unlawful.
Blake also alleged the mistreatment worsened after she voluntarily gave evidence to the robodebt royal commission in January 2023.
In a further amended statement of claim, Blake said she spoke to the director of compliance, Andrew Thompson, about her intention to do so, and was allegedly warned to “cross your T’s and dot your I’s because this could cost you your job if you’re not telling the truth”.
After giving evidence, Blake alleged she experienced a heightened scrutiny of her work output, with more pieces of her work being checked than had ordinarily been common practice.
When she asked why, team leader Brent Hatherall allegedly responded with: “I don’t know, I’ve just been told to.”
Human Rights Law Centre (HRLC) associate legal director Kieran Pender said its Whistleblower Project was “proud to stand with our client … in seeing accountability for her mistreatment”.
“Robodebt caused so much harm to so many Australians, and it could have been prevented if whistleblowers like Blake and many of her colleagues were listened to from the start,” Pender said.
During her evidence at the royal commission, Blake said she and her colleagues “were instructed to do the job and just get it done … no care on accuracy, no care on correctness”.
Sometime afterwards, an online retailer began selling a mug with Blake’s face on it and one of the comments she made during her evidence: “I will remember and I will not forget.”
Blake alleged she was told by Hatherall not to bring the mug into the office because “it might offend others”.
Blake ceased working with Services Australia in May 2023 and made an application for incapacity payments under Comcare.
Despite being absent, she said she was instructed to answer a call from a superior about the commission’s final report. She alleges she was told: “If you’ve breached the Code of Conduct, you could be given an official warning, suspended or dismissed.”
Blake is seeking damages for non-economic loss for hurt, stress and humiliation, general damages, and economic loss of wages – being the difference between normal weekly earnings and Comcare payments.
The Commonwealth has denied receiving Blake’s concerns about the lawfulness of the robodebt program or any other processes used by Services Australia.
Pender said public servants must be able to “blow the whistle” to royal commissions and inquiries without fear of retaliation.
“We have repeatedly called on the Albanese government to enact stronger whistleblower protections, including for royal commission participants,” Pender added.
