Victims of the robodebt scheme are appealing to reopen their class action settlement after new evidence emerged showing senior public servants were aware the program was unlawful.
Lawyers for the class action, Gordon Legal, said the release of new information laid the grounds for a reopening of the case.
"The class action settlement is appealed, to make new claims of misfeasance in public office against the officials who knew that robodebt was unlawful, but went ahead with it anyway," the firm announced.
"The group members are trying to have the original settlement set aside, so that new claims can be brought. Those new claims include that the senior public servants who administered robodebt engaged in 'misfeasance in public office'.
"These are serious allegations to make, but we strongly believe these claims should be made, based on the new evidence."
The government paid out $1.2 billion to nearly half a million Australians affected by the robodebt scheme after the compensation was approved by the federal court in 2021.
The payout to members of the class action was agreed to on the basis that neither the government, nor any of its officers, admit it was legally liable for the scheme.
The new appeal will be based on the evidence of misconduct of senior public servants that was revealed in the Royal Commission, Gordon Legal said.
"That evidence was not made available during the class action. The Commonwealth did not hand over that information. In many cases, the Commonwealth claimed that the information was 'privileged'," the firm stated.
"The appeal will try to bring the new evidence before the Court, to make claims for further compensation.
"If the Court allows the appeal, the class action will be reopened to hear these new claims."
The Royal Commission, which was released in 2023, found that robodebt was a "crude and cruel mechanism", which was "neither fair nor legal".
The appeal follows the release of a report from the Australian Public Service Commission in September, which concluded that former heads of the Department of Human Services Kathryn Campbell and Renee Leon breached their obligations as public servants 25 times throughout the unlawful robodebt scheme.
The commission found that 12 public servants - inclusive of the secretaries - were found to have breached the APS Code of Conduct on 97 occasions.
Ms Leon said in a statement she was disappointed by the findings, and defended her record and devotion to public service.
