Major update in Robodebt corruption referrals
Written by admin on October 30, 2024
Australia’s national anti-corruption watchdog is appointing a new independent person to reconsider its controversial decision not to investigate the referrals made by the Robodebt Royal Commission.
The National Anti-Corruption Commission (NAAC) said in a statement on Wednesday the new appointment “will decide whether or not the Commission should investigate the Robodebt referrals” after a “mistake of law” was uncovered in a probe.
Inspector Gail Furness began investigating the call in July after hundreds of complaints flooded in criticising NAAC’s decision.
“In the course of the Inspector’s investigation of the Commission’s decision, the Inspector provided to the Commission an opinion of a retired judge who found there had been a mistake of law or fact in the process by which its original decision was made,” the Commission said.
“The mistake involved a misapprehension by the Commissioner of the extent to which a perceived conflict of interest required him to be isolated from the decision-making process.”
The review found the Commission’s decision “might not be impartial.”
Though, the probe did not make any accusations of “actual bias” or “intentional wrongdoing”, and did not criticise the deputy commissioner who ultimately made the decision.
To avoid a perceived conflict of interest, Commissioner Paul Brereton delegated the call due to a past association with one of the officials referred to NAAC.
He said it was an error.
“Mistakes of law or fact are a professional inevitability for judges, tribunal members and administrative decision-makers,” Commissioner Brereton said.
“Throughout my judicial career I was, like every other judge, from time to time reversed on appeal for a mistake of law or fact.
“As an appellate judge, I often found that judges of unquestioned competence, skill and integrity had made a mistake of law or fact.
“Our system requires that we accept such findings, even when we don’t entirely agree with them. This is no different.
“Mistakes are always regrettable, but the most important thing is that they be put right.
“This mistake will be rectified by having the decision reconsidered by an independent eminent person.”
Hundreds of thousand of Australians were hit with wrongful debt notices because of Robodebt, which automated welfare payment calculations.
The illegal debt recovery system was rolled out under former prime minister Scott Morrison when he was social services minister nearly a decade ago.
The Coalition government at the time hailed it as a cost-saving measure.
About half a million Australians were affected by it, with some debt notice recipients later taking their own lives.
The Australian Public Service Commission (APSC) has been the only government body investigate referrals.
Last month, APSC said former agency heads Kathryn Campbell and Renee Leon were among 12 senior current and ex-public servants found to have breached service conduct 97 times in relation to Robodebt.
The APSC’s final report found 25 breaches between the two women, including providing false information, failing to behave honestly or act with care and diligence, and not upholding public service values.
Commissioner Gordon de Brouwer said had the two former heads “not already resigned or retired from the public service, they would have likely attracted the sanctions listed above and, in some instances, termination of employment”.
More to come.
