Robodebt details coming
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The Federal Government says it will release a confidential chapter of the Robodebt Royal Commission’s final report at some point.
After nearly a year of legal and procedural reviews concerning the handling of individuals identified in the chapter, which remains sealed, the government says it will make details public as soon as possible.
The Royal Commission, led by former Queensland Supreme Court Justice Catherine Holmes AC SC, recommended in July 2023 that the chapter remain confidential “to avoid prejudicing the conduct of any future civil action or criminal prosecution”.
The government originally intended to table the chapter in the House of Representatives last week, with most civil and criminal proceedings now concluded.
However, the timing of the release has been delayed following developments in the National Anti-Corruption Commission’s (NACC) oversight and investigative roles.
Inspector Gail Furness has recommended that the NACC appoint an independent decision-maker to re-evaluate whether an investigation should proceed against six public servants named in the chapter.
The NACC has accepted this recommendation, initiating a re-assessment of its prior decision not to pursue corruption charges.
The Inspector’s review highlighted procedural concerns, including a lack of impartiality by Commissioner Paul Brereton in the original decision-making process.
Furness reported that Brereton’s continued involvement, despite knowing one of the individuals named, introduced “an apprehended bias”.
The re-evaluation aims to clarify potential conflicts of interest and ensure that any investigation is handled with independence.
Additional complications arose from the Inspector’s finding that five of the individuals are no longer employed in the Australian Public Service (APS) and, thus, are outside the jurisdiction of the APS code of conduct.
This clarification challenges an earlier NACC stance that the APS could administer appropriate sanctions in lieu of a corruption inquiry.
The NACC has since acknowledged this position was incorrect, with implications for the treatment of the individuals involved.
The government is now awaiting advice from the newly appointed NACC decision-maker on whether publishing the chapter could interfere with any current or potential NACC decisions.
Calls for Commissioner Brereton’s resignation have intensified, with critics asserting that his departure is necessary to preserve the NACC’s credibility.
Deputy Chair of the Parliamentary Committee for NACC oversight, Helen Haines, has described the Robodebt proceedings as a “disappointing start” for the new anti-corruption body.
The Inspector’s findings are expected to be reviewed in a parliamentary hearing later this month.