Another small business victim of Service NSW Robodebt 2.0 ‘audit’ extortion speaks out…

August 9, 2024

Another NSW small business owner victim has come forward to share their experience of the awful financially threatening intimidation by Service NSW debt collectors.

In desperate response the following (received) is the victim’s letter of complaint in response to Service NSW to its baseless intimidation and extortion.

Read on…

My immediate concern is your demand for ‘re-payment’ of your grant?

…On 17 May 2024, I received by MAIL, a tax invoice – pay now for $15,214. The invoice notes a ‘date of decision’ as 5 July 2024 and issue date of 9 July 2004 with a payment date of 8 August 2024.

I raised a dispute with Service NSW on 5 July 2024 which was acknowledged as being raised on 5 July 2024 in correspondence from Service NSW dated 9 July 2024.

As the matter was under internal review, no invoice should have been issued.

I want an assurance form Service NSW that the tax invoice referred to Revenue NSW for collection is on hold and will not be enforced whilst the matter is in dispute.

My Concerns:

1. Lack of Reasons for Initial Notification: The first notification on 4 May 2023 did not provide any reasons for ineligibility.

2. Implications of Fraudulent Claims: The email inferred that payments might be due to incorrect, misleading, or fraudulent claims, but there was no assertion that my information was incorrect, misleading, fraudulent, or in error.

3. Provision of Additional Information: All requested additional information was provided, consistent with the initial application, with no further requests regarding the calculation of aggregated income.

4. No Indication of Income Threshold Issue: The first notification did not indicate an issue with the aggregated income threshold of $30,000.

5. Initial Acceptance by Service NSW: Service NSW initially assessed and approved the grant application as meeting the terms and conditions.

6. Change in Assessment Without New Information: The second notification on 2 July 2024 cited an issue with the aggregated annual turnover, but no information had changed since the initial application.

7. Lack of Access to Application Copy: I have not been provided with a copy of my application and had no access to it during the online process.

8. Accuracy of Application Information: All information in my application was true and correct at the time of submission and remains unchanged.

9. Unclear Basis for Reassessment: Without a copy of my application or a clear explanation of how the initial eligibility assessment was overturned, I cannot know what additional information would support my position.

10. Reliance on Initial Approval: I relied on the initial grant approval for business planning and financial management. The sudden demand for repayment disrupts my business and causes significant financial strain.

11. Delayed Decision Impact: If the grant had been denied initially, I would have been eligible to apply for hardship review, an application that is no longer available to me due to the time of consideration of the application. The delay in reassessment has put me at a significant disadvantage.

12. Process and Procedural Fairness: I have not received an outcome of the internal review, including the decision and reasons for it, nor the evidence on which it is based. Despite this, an invoice has been issued for recovery of the grant.

13. Equitable Treatment: I expect to be treated equitably and fairly, consistent with other businesses in similar situations. Any precedents where similar cases were resolved differently should be highlighted to show inconsistency in decision-making.

14. Legitimate Expectation: I had a legitimate expectation, based on the initial approval, that I was eligible for the grant. Any retrospective reassessment should be justified clearly and reasonably.

My understanding of the service NSW internal review process is:

• The Internal Review is a ‘merit review’ process. This means a review of the facts of your application by a team separate to the initial decision maker.
• Customers are given the opportunity to provide any further information or documents to be considered as part of the review of the administrative decision.
• The decision following the internal review is evidence-based and free of bias.
• The reasons for the decision – including the evidence on which the decision is based – are provided to the customer in simple and clear communication.

I urge Service NSW to:

• Provide a detailed explanation of the reassessment and how the original decision was overturned.
• Ensure the tax invoice referred to Revenue NSW is on hold during the dispute.
• Provide a copy of my application and all related documents.
• Treat this matter with the urgency and fairness it deserves.