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ARTICLE · 14 DECEMBER 2023

Misfeasance in public office and the Robodebt debacle

Stacks Law Firm
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Misfeasance is a legal term relating to the abuse of power by a person holding public office.

AustraliaGovernment, Public Sector
Christopher Morris
Christopher Morris
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What is misfeasance in public office?

The tort of misfeasance – it sounds like an evil spell in Lord of the Rings or Harry Potter, and in a way it's similar.

Misfeasance is a legal term relating to the abuse of power by a person holding public office.

Misfeasance and the robodebt scandal

The term "misfeasance" was used in the final report of the Royal Commission into the Robodebt Scheme, which revealed the full extent of the harm to thousands of vulnerable people caused by the former Coalition government's automated welfare debt recovery program. (Please see Report – Royal Commission into the Robodebt Scheme.)

The report said the people behind robodebt caused extraordinary harm through "venality, incompetence and cowardice". It concluded that "elements of the tort of misfeasance in public office appear to exist".

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