„There was no probative material before the decision maker, in the ATO Information or otherwise, to support the assumption [that the annual income was earned equally across the fortnights],“ Justices Davies said. But the government did have evidence the previously reported income to show income hadn been earned as apportioned over those fortnights. „The conclusion that a debt had arisen was therefore irrational, in the requisite legal sense.“ „Deanna case has helped to clarify the unlawfulness of the robodebt system for hundreds of thousands of Australians in the same situation, who received or paid off a robodebt based only on averaging,“ said Rowan McRae, executive director civil justice access and equity at Victoria Legal Aid said.
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