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The rule of law applies to government too

  • 20 March 2017

 

News and social media were filled in recent days with chatter about comments by Sally McManus, the newly elected secretary of the ACTU. During an interview on ABC 7.30, McManus said, 'I believe in the rule of law where the law is fair and right but when it's unjust, I don't think there's a problem with breaking it.'

While many have pointed out that there is a long and distinguished discourse and philosophy around civil disobedience that would validate McManus' comments, many others — including government minister Christopher Pyne — have expressed dismay at the remarks. Pyne told Radio National, 'Every citizen has to abide by the law. That's how our western democracy works.'

While the rule of law arguably does assume citizens will obey the law, it also assumes government will behave lawfully. Further, it might be argued that the rule of law encompasses the principled application of government power. In this respect, the Australian government is itself falling well below adhering to the rule of law. I offer Centrelink #notmydebt as a case study.

The government's action on 'robo-debts' is well traversed. The Department of Human Services is attempting to recover what it says are overpayments made to Centrelink customers. To ascertain who has been 'overpaid', it uses a computer algorithm to compare a person's Centrelink payments with their tax return for the relevant period.

Where there is a discrepancy, it sends a notice asking the customer to confirm the information, or provide evidence that it is wrong. The problem is, the tax information is calculated on an annual basis, but the Centrelink payment is fortnightly. Because the department averages the annual taxable income per fortnight, it receives a false representation of the actual amount earned over the period.

Further, the Centrelink customer is asked to provide pay slips or other verifying information sometimes from some years ago. For many, this is not possible. The result is that a debt issues, and the customer (or former customer) must repay the balance.

The hurt in the community is palpable. Stories abound, including those collected on the #notmydebt website, of people who have suffered. Those who speak out in public are finding that the government is in turn publicly releasing that person's own personal information to 'set the record straight'.

The growth in the capacity of computing power now makes it possible for government to scan vast quantities of citizens' data in just this way. We are told the

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