Robodebt and Government Lawyers: Ethical and Structural Challenges

Many observations of the Royal Commission into the Robodebt Scheme underscore the importance of understanding the unique professional and ethical obligations of government lawyers, and the imperative of structuring legal services to government in a way that supports the lawyers to fulfil those obligations, and ultimately, therefore, assist in government under the rule of law. The Robodebt Commission reveals instances of significant failures in the professional and ethical practice of lawyers working for government, with very real and human consequences. These intersect with an institutional failure regarding the structure of legal services for government, and support provided to lawyers. In this article, I explain the unique position filled by government lawyers, the historical and contemporary way in which legal services are structured at the Commonwealth level in Australia, before turning to consider the implications of the findings of the Robodebt Royal Commission as they relate to government lawyers.