In her statement of claim, Blake alleges that a superior warned her in 2023 that giving evidence “could cost you your job” if she was not telling the truth. She further alleges she was advised that only subpoenaed individuals should give evidence and that she should seek legal advice first. Blake, represented by the Human Rights Law Centre (HRLC), contends these actions contravene federal whistleblower protections. The Commonwealth and Services Australia have denied the allegations, stating in their defense that no such threats were made. An initial case management hearing was held before Justice Stellios, with counsel Michael Seck and Miles Foran briefed for the HRLC.
Concurrently, the Centre for Public Integrity released its “Computer Says No” report, warning that the Australian government is “sleepwalking into another robodebt scenario” due to insufficient oversight of automated decision-making (ADM). Dr Catherine Williams, the Centre’s chief executive, stated that the report calls for a mandatory audit and a public register of all government ADM use, as well as an independent oversight body with investigative powers. Williams highlighted specific concerns regarding the Integrated Assessment Tool (IAT), an algorithm used to assess home support for older Australians, which has been found to routinely under-assess needs while assessors are prohibited from overriding its decisions.
The report emphasizes that Australians may be unaware when ADM tools influence decisions affecting their entitlements. The Attorney General’s Department concluded a public consultation on an ADM framework in January 2025. Attorney General Michelle Rowland stated the government is “committed to ensuring the safe and responsible use of ADM,” though she did not provide a timeline for when a draft framework would be finalized or made public.
These legal and policy developments occur against the backdrop of the ongoing fallout from the Robodebt scheme. The scheme, which used an unlawful income averaging method, resulted in a $475 million class action settlement for approximately 450,000 victims. Compensation payouts are set to begin in December. However, disputes over eligibility continue; for instance, the Commonwealth has argued that the family of Jarrad Madgwick, who died by suicide in 2019, is ineligible for the settlement because he only received a provisional debt notice rather than an official one. The HRLC is using the Blake litigation to advocate for stronger legislative protections for public servants who report misconduct to royal commissions.
