Studies of social security law in 21st century Australia have justifiably focused on the Robodebt scandal. However, an earlier welfare matter, described herein as ‘the omissions affair’, equally illustrates the injustices endured by Australian welfare recipients, as well as the power dynamics in Australia’s criminal justice system. Between 1991 and 2011, some 15,000 criminal convictions were recorded against apparently innocent people for social security offences – though these matters have long been ‘forgotten’. The first aim of this article is to analyse the decisions of the High Court of Australia that elucidated the principles establishing these wrongful convictions. The second aim is to consider the varied impacts of these convictions, whether they could be appealed today, and what reforms, if any, could help avoid the recurrence of such miscarriages in future. The article concludes by suggesting how the omissions affair played an important role in the eventual development of the Robodebt scheme.

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