The APS Commissioner has exposed major misconduct in the unlawful Robodebt scheme.

The Australian Public Service (APS) Commissioner, Dr Gordon de Brouwer, has released the final report of the Code of Conduct Inquiry Taskforce, disclosing information related to the investigation of public servants involved in the unlawful Robodebt scheme. 

The report reveals findings from inquiries into 16 individuals, including former department heads Kathryn Campbell and Renee Leon. 

Both Campbell and Leon were found to have breached their duties during their involvement with Robodebt - a significant conclusion from the investigation into one of Australia's most controversial government programs.

The report's release follows the Royal Commission into Robodebt, which described the scheme as “crude and cruel”, resulting in severe public and legal scrutiny. 

According to Dr de Brouwer, the decision to disclose a de-identified summary of the breach findings and sanction recommendations is intended to restore public trust in the integrity of the APS. 

Kathryn Campbell, who served as Secretary of the Department of Human Services from 2011 to 2017, was found responsible for 12 breaches, including failing to adequately respond to public criticism and whistleblower complaints, as well as fostering a culture that stifled scrutiny of the program. 

Despite these findings, Campbell has defended her role, saying that other departments had provided advice on the legality of the scheme. She rejected claims that she was to blame, positioning herself as a scapegoat.

Bill Shorten, Minister for Government Services, has rejected Campbell’s assertion, launching a strong critique of her actions during the scheme's implementation. 

“Robodebt was a shocking betrayal and failure of empathy towards vulnerable people,” he said.

“Miss Campbell, you are not a scapegoat. There were 430,000 scapegoats - our fellow Australian citizens who had unlawful debt notices raised against them by the federal government.”

Shorten described the scheme as one of the largest administrative failures in the history of the Commonwealth and dismissed Campbell's attempt to shift blame, calling her defence “bizarre”.

The APS Commissioner’s report found that Campbell was directly responsible for resuming income averaging under the scheme in 2017, despite knowing that the debts raised might be inaccurate. 

Similarly, Renee Leon, who succeeded Campbell in 2017, was found responsible for 13 breaches, including providing misleading legal advice regarding the scheme’s income averaging mechanism and failing to inform the responsible minister about its legality in a timely manner. 

Leon defended her actions, arguing that she had worked to end Robodebt when legal concerns arose.

Dr de Brouwer acknowledged that while some public servants involved in the inquiry had since retired or resigned, sanctions such as reprimands, fines, and demotions had been imposed on those still employed. 

He said that the inquiry took great care to minimise further harm to those affected, saying; “The human toll of the Robodebt scheme has been significant”.

Finance Minister Katy Gallagher also weighed in, stating that the scheme represents one of the worst failures in public service history, and stressed the need for continued efforts to rebuild trust in the APS. 

“Some former departmental secretaries and public servants made mistakes, showed a lack of care, diligence, integrity, and leadership,” she said, “and they are being held to account for the part they played in the Robodebt failure”.,

The release of the final report marks the formal conclusion of a 13-month inquiry into the conduct of public servants responsible for the Robodebt scheme, which was officially deemed unlawful in 2019. 

The APS Commission's investigation into breaches of the public service code of conduct provides further detail on how senior officials contributed to a program that ultimately resulted in significant legal and financial consequences for the Australian government, including a $1.8 billion settlement.

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