Social Security and Other Legislation Amendment (Responding to Robodebt)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Welfare & housing

What does this bill do?

People would not have to repay the part of a family assistance, social security or student assistance debt caused solely by a Commonwealth administrative errorA mistake made by a Commonwealth agency..

Why was it introduced?

Andrew Wilkie (Independent) said Robodebt destroyed the lives of thousands of Australians and that legislative change was still missing. He said the bill aimed to prevent a repeat by improving how people receiving income support are treated, adding human checks to important computer-made decisions and making debt recovery fairer. Helen Haines (Independent) called the bill unfinished business more than two years after the royal commission's final report and cited a recent finding that IT problems had unlawfully ended payments to 964 JobSeeker recipients between April 2022 and July 2024.

Broader context

The Robodebt Scheme was found to have relied largely on an unlawful application of social security law, and the Royal Commission’s final report identified legislative changes needed to stop similar failures recurring. Against claims that those recommendations remained unfinished, independent MP Andrew Wilkie introduced a private bill on 25 August 2025 to require more humane administration, human checks on high-impact automated decisions and fairer debt recovery; it was later removed from the Notice Paper without becoming law.

Key criticism

Andrew Wilkie (Independent) argued that the government had made some progress inside Services Australia but had left essential legal changes unfinished. He said community legal services were still seeing harm and distress from Centrelink debts. Helen Haines (Independent) warned that computer systems without human oversight were still preventing vulnerable people from receiving support, citing 964 unlawful payment cancellations linked to IT problems.

Who supported it?

Andrew Wilkie MP introduced this bill. Speeches supporting it came from some crossbench members.

Introduced in House 25 Aug 2025
Failed in House 24 Mar 2026
Did not reach Senate —
Did not become law —

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

No final passage

The bill has not completed passage and is no longer proceeding.

Time before failure

211 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. People would not have to repay the part of a family assistance, social security or student assistance debt caused solely by a Commonwealth administrative errorA mistake made by a Commonwealth agency.. The bill removes the existing limits on when that part of a debt must be waived, and the change would cover debts incurred before, on or after the new rules begin.

  2. A debt could be waived in special circumstances when someone knowingly gave incorrect information but did not do so willingly, including because of pressure or family or domestic violence. A waiver could also cover a debt caused by a perpetrator of family violence knowingly providing false information. It would not be automatic in every such case.

  3. The government could not begin legal proceedings or other recovery action more than six years after an overpayment was made. This limit would apply to family assistance, social security and student assistance debts.

  4. People would have 14 days, up from seven, to apply for a crisis paymentA payment available after specified extreme events. after leaving prison or psychiatric confinement, fleeing extreme circumstances at home, remaining home after a family member is removed because of violence, or arriving on a qualifying humanitarian visa.

  5. A person must be told in writing when a decision was automated and given clear ways to seek more information or a review. Before taking effect, a computer-made decision must also be checked by a person if it cancels a payment, raises a debt of $2,000 or more, uses judgment allowed by the law, reviews an earlier decision, or asks the Australian Taxation Office to take money to recover a debt.

  6. When administering family assistance, social security administration and student assistance laws, the responsible Secretary would have to consider good administration, including fair, courteous, prompt and cost-efficient service. The Secretary must also communicate clearly, avoid language or conduct that causes stigma or shame, make online, phone and in-person contact accessible, take practical steps not to worsen people's stress, and consider people in regional, rural and remote areas.

  7. An independent review of social security compliance activityGovernment work checking whether people follow social security rules. would be required every 12 months. It must examine trends and underlying causes of people not following the rules, as well as possible improvements to laws and systems. The reviewers must report to the minister, who must table the report in each house of Parliament within 15 sitting days after receiving it.

Show source excerpts
  1. A New Tax System (Family Assistance) (Administration) Act 1999 1 Subsections 97(1) to (3) Repeal the subsections, substitute: (1) The Secretary must waive the right to recover the proportion (the administrative error proportion) of a debt that is attributable solely to an administrative error made by the Commonwealth. Social Security Act 1991 2 Subsections 1237A(1) and (1A) Repeal the subsections, substitute: Administrative error (1) The Secretary must waive the right to recover the proportion of a debt that is attributable solely to an administrative error made by the Commonwealth. S
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  2. A New Tax System (Family Assistance) (Administration) Act 1999 4 Paragraph 101(a) Omit “or another person knowingly”, substitute “knowingly and willingly”. 5 At the end of section 101 Note: Circumstances where a person does not act willingly include acting under duress or under the influence of family or domestic violence. Social Security Act 1991 6 Paragraph 1237AAD(a) Omit “or another person knowingly”, substitute “knowingly and willingly”. 7 At the end of section 1237AAD Note 3: Circumstances where a person does not act willingly include acting under duress or under the influence o
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  3. A New Tax System (Family Assistance) (Administration) Act 1999 11 Section 93B Repeal the section, substitute: 93B Time limit on debt recovery For the purposes of this Part, legal proceedings or any action under a provision of this Part for the recovery of a debt or overpayment may not be commenced after 6 years has elapsed since the overpayment was made.
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  4. Social Security Act 1991 15 Paragraph 1061JG(1)(b) Omit “7 days”, substitute “14 days”. 16 Paragraph 1061JH(1)(e) Omit “7 days”, substitute “14 days”. 17 Paragraph 1061JHA(1)(f) Omit “7 days”, substitute “14 days”. 18 Paragraph 1061JI(1)(c) Omit “7 days”, substitute “14 days”.
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  5. 13 After section 222 222A Notification of automated decisions Where a decision is the result of an arrangement made under section 223, or otherwise automated, the written notice of the decision must: (a) clearly explain that the decision is the result of automation, and (b) provide clear options for seeking further information and review of the decision. 14 After subsection 223(1) (1A) Decisions made by a computer program under subsection (1) must be subject to review by the Secretary or another officer before coming into effect if they relate to: (a) the cancellation of any payment or
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  6. 12 After section 220 220AA Principles of administration In administering the family assistance law, the Secretary is to have regard to: (a) the desirability of achieving the following results: (i) the ready availability to members of the public of advice and information services relating to income support generally and to the social security payments that are available; (ii) the ready availability of publications containing clear statements about income support entitlements and procedural requirements; (iii) the delivery of services under the law and in accordance with the principles of
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text
  7. 24 At the end of Part 2 10A Review of compliance activity (1) The Minister must cause an independent review of compliance activity undertaken under this Act to be undertaken every 12 months. (2) Without limiting the matters to be covered by the review, the review must consider the following matters: (a) trends in non‑compliance; (b) systemic factors leading to non‑compliance; (c) possible changes to legislation and systems which could reduce non‑compliance. (3) The persons who conduct the review must give the Minister a written report of the review. (4) The Minister must cause a copy o
    Social Security and Other Legislation Amendment (Responding to Robodebt) introduced text

Broader context for this bill

The Robodebt Scheme was found to have relied largely on an unlawful application of social security law, and the Royal Commission’s final report identified legislative changes needed to stop similar failures recurring. Against claims that those recommendations remained unfinished, independent MP Andrew Wilkie introduced a private bill on 25 August 2025 to require more humane administration, human checks on high-impact automated decisions and fairer debt recovery; it was later removed from the Notice Paper without becoming law.

  1. 2023

    The Robodebt Royal Commission reports on an unlawful debt scheme

    The commission found that the scheme was based largely on an unlawful application of social security law and said legislative changes were needed to prevent a recurrence.

    Social Security and Other Legislation Amendment (Responding to Robodebt) explanatory memorandum ↗
  2. 25 Aug 2025

    Andrew Wilkie introduces a private Robodebt reform bill

    The independent member introduced the bill and said legislative safeguards were still needed after the Royal Commission’s findings, including human oversight of important automated decisions and fairer debt recovery.

    Hansard ↗
  3. 24 Mar 2026

    The bill is removed from the Notice Paper

    The bill was removed from the Notice Paper under standing order 42, so the proposed reforms did not proceed to a recorded passage or Royal Assent.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 25 Aug 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 25 Aug 2025

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Removed from the Notice Paper in accordance with (SO 42) 24 Mar 2026

The bill reached this recorded parliamentary step.

The main case against this bill

Andrew Wilkie (Independent) argued that the government had made some progress inside Services Australia but had left essential legal changes unfinished. He said community legal services were still seeing harm and distress from Centrelink debts. Helen Haines (Independent) warned that computer systems without human oversight were still preventing vulnerable people from receiving support, citing 964 unlawful payment cancellations linked to IT problems.

The evidence pack contains no speech arguing against the bill. It does, however, record criticism of the government's response: Wilkie said necessary legal change remained unfinished and that community legal services continued to see harm and distress from Centrelink debts.

Recorded votes

No recorded votes were found before this bill stopped proceeding.

Who spoke, and what they said

Start here — lead voices

Lead supporting voice Supports

Andrew Wilkie

Independent • MP 25 Aug 2025

Wilkie supports the bill, arguing it would implement key robodebt royal commission recommendations by making Services Australia treat people with dignity, regulating automated decisions, improving debt waivers and restoring a six-year limit on debt recovery.

Read in Hansard ↗
Lead non-major voice Supports

Helen Haines

Independent • MP 25 Aug 2025

Haines supports the bill as necessary unfinished work from the robodebt royal commission, arguing that stronger human oversight and safeguards are needed to prevent unlawful automated decisions from harming vulnerable welfare recipients.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

2 speakers · 2 support

Full record

Full chat