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Tess Ikonomou

Former ministers behind robodebt scheme could be sued

Scott Morrison was among the ex-ministers found to have dismissed or ignored concerns over robodebt. (Lukas Coch/AAP PHOTOS)

The law firm that launched the robodebt class action is considering a fresh compensation claim following the royal commission's findings.

The commission found elements of a tort of malfeasance had been made, which would allow victims to be paid damages.

In light of the findings, Gordon Legal is weighing up another civil suit.

The firm has written to the prime minister requesting negotiations over compensation for the "systematic dishonesty" involved in the program.

"There's a good case for the government considering providing compensation to the most egregiously hurt robodebt victims and there appear to be good legal grounds to do it on the basis of the tort of misfeasance in public office," Senior Partner Peter Gordon told the ABC.

"The cover-up, the sanitisation of legal advice, all of these things constitute a very egregious wrongdoing. 

"The like of which I can't recall ever being exposed in Australian public life before."

Mr Gordon said it was the government that would have to pick up the tab for any compensation awarded.

The royal commission found coalition ministers including Scott Morrison ignored or dismissed concerns about the legality of the scheme.

Mr Morrison denied any wrongdoing.

Labor frontbencher Bill Shorten said he was "perplexed" by the responses of some former ministers, warning they could face legal action from victims who could "sue them individually".

The former government settled the class action lawsuit in 2020 for more than $1 billion after a court ruled the welfare debt scheme was illegal.

After the royal commission published its findings, Liberal Leader Peter Dutton and Nationals Leader David Littleproud both apologised to robodebt victims on behalf of their parties.

Liberal MP James Paterson said the sorry saga should never have happened.

He said the coalition would consider measures brought forward in a bipartisan way.

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