The Robodebt Six — the public officials most culpable over the entire $1.7 billion unlawful debts scandal — are being protected by the National Anti-Corruption Commission citing “personal privacy”.
The remarkable claims are made in a 24-page freedom of information decision in which the NACC has refused to release any part of five documents that detail conflicts of interest over Robodebt involving its most senior officers.
Indicating that the NACC is not only refusing to identify the Robodebt Six — but actively fighting to supress the information — the NACC states it will not release information because of a “real risk of damage” to the “personal privacy” of one of the Robodebt Six.
“There is a real risk of damage to the personal privacy of the individual referred to the Commission if their name was disclosed,” the NACC said.
“There is a real risk of damage to the personal privacy of the individual referred” — NACC
The refusal is despite Government Services Minister Bill Shorten in July stating it was “not sustainable” for the referrals to remain secret indefinitely.
The revelations come as NACC Inspector Gail Furness SC yesterday announced she had launched a formal “investigation” into the NACC’s refusal to investigate the Robodebt Six.
As The Klaxon revealed Tuesday, in response to a freedom of information request lodged by the independent researcher and writer who works as Jommy Tee, the NACC is refusing to release any documents — or any part of the documents — that pertain to Deputy Commissioners or members of the senior leadership team with conflicts of interest regarding the Robodebt Six referral.
The Klaxon’s expose Tuesday. Source: The Klaxon
In June last year the Royal Commission into Robodebt referred six public officials for criminal and civil action over the Coalition’s $1.7 billion scheme, which saw fake debts unlawfully raised against 500,000 people, with some taking their lives.
“The Royal Commission referred six public officials for criminal and civil action”
In June this year the NACC announced it would not investigate any of the six people, and that NACC Commissioner Brereton had “delegated” the “decision in this matter” to an unnamed Deputy Commissioner because of a conflict of interest.
Brereton is close friends with Kathyn Campbell, the most senior public official who oversaw Robodebt.
Robodebt Royal Commissioner Catherine Holmes SC made referrals for criminal and civil action in a “sealed chapter” of her report.
More from The Klaxon on the NACC & Robodebt:
26 Sep – NACC Inspector will “investigate” over Robodebt
24 Sep –Robodebt “conflicts” extend beyond Brereton – NACC hides the documents
21 Sep – GUESS WHO? The $600,000 question at the heart of Robodebt
13 Sep – Not one person “punished” over Robodebt
9 Sep – Brereton’s Robodebt “recusal” claims a sham: Top ex-judge
That was so as not to “prejudice” any “future civil action or criminal prosecution” — rather than to protect the “privacy” or “reputations” of those referred.
The Public Service Commission earlier this month completed its employer investigation into the affair (four unnamed employees will face “sanctions” but not “punishment”) and the NACC is refusing to investigate at all.
After Holmes released her report, Prime Minister Anthony Albanese said it was “pretty clear” from Holmes that “it’s not about…the sealed section remaining sealed forever”.
“It’s not about…the sealed section remaining sealed forever” — Prime Minister Albanese
Public officials called before the Robodebt Royal Commission included former Social Services Minister, Treasurer and Prime Minister Scott Morrison; former Social Services Minister and Attorney-General Christian Porter; and former human services ministers Stuart Robert, Alan Tudge, Michael Keenan and Marise Payne.
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Clockwise from top left: Scott Morrison, Christian Porter, Stuart Roberts, Michael Keenan, Alan Tudge, Marise Payne. Source: Various/ABC News
Tee made his first freedom of information request on June 7, asking for all NACC documents relating to Brereton’s conflict of interest.
The NACC released eight heavily redacted documents and refused access to a further eight documents.
These heavily redacted eight documents revealed Commissioner Brereton did not properly recuse himself from the Robodebt referral matters; that he made misleading statements to Attorney-General Mark Dreyfus about his handling of his conflict; and that he did not adhere to the NACC’s own guidelines for managing conflicts of interest.
More from The Klaxon on the NACC & Robodebt:
6 Sep – Questions over NACC Robodebt “investigation”
31 Aug – NACC boss misled Dreyfus over Robodebt
29 Aug – Million dollar NACC boss freezes media as questions heat up
26 Aug – “Recused” NACC boss Brereton at Robodebt meeting
On August 27 Tee requested all NACC documents relating to conflicts of interest over the Robodebt referrals involving NACC’s top officials, including its Deputy Commissioners “and/or senior leadership team member [CEO and General Managers]”.
The NACC identified five relevant documents, but is refusing to release any part of any of them.
The documents are described as:
— Three versions of “minutes of a meeting on 3 July 2023”
— “Correspondence dated 7 August 2023”
— A “Conflict of interest Declaration dated 31 October 2023”
In response to Tee’s first request, the NACC released three versions of a meeting on 3 July 2023, which showed Brereton disclosing a “conflict” over Robodebt and contained the string of other revelations.
Each of the eight documents was heavily redacted and appeared to be a “skeleton” of the original.
The NACC is refusing to say which of its three deputy commissioners made the “decision” not to investigate any of the Robodebt Six. Source: The Klaxon
In response to Tee’s second request, seeking information about the conflicts of other NACC top officials, the NACC again noted three versions of “minutes of a meeting on 3 July 2023”.
Yet this time it refused to release any part of any of the five documents.
This time, the NACC Freedom of Information Officer — identified only as “Franz” — said releasing any part of the documents was “not possible”.
“I have determined that it is not possible to provide a redacted copy of the documents,” the official writes.
“To do so would result in the remaining content being of little or no value because it would leave only a skeleton of the former document that conveys little of its content or substance”.
“It would leave only a skeleton of the former document” — NACC
Furness, whose role is to investigate corruption and wrongdoing inside the NACC itself, broke her silence yesterday, announcing she was “conducting an investigation” under “section 184(1) (e)” of the NACC Act.
The section relates to “agency maladministration”, which includes “unlawful conduct”, “corrupt conduct” and conduct which “arises, wholly or in part, from improper motives”.
“Agency maladministration includes unlawful and corrupt conduct”
Relevant sections of the NACC Act 2022. Source: ACLII (Emphasis The Klaxon)
On July 13, one week after the NACC announced it would not investigate any of the Robodebt Six, Furness said she had received almost 900 complaints and would “enquire into” the matter.
Earlier this month Furness refused to answer when asked by The Klaxon whether she had launched an “investigation”, or decided whether she would.
The distinction is important because once an “investigation” is commenced the NACC Inspector is given additional powers such as the ability to demand the production of documents.
More from The Klaxon on the NACC & Robodebt:
23 Aug – NACC’s year-long Robodebt decision: just two pages long
22 Aug – NACC boss breaks own integrity policy over Robodebt
8 July – NACCered: How Dreyfus fudged the figures to deliver a secret regulator
1 July — Brereton’s NACC cloaked in military-grade secrecy
“The inspector has received many inquiries as to the progress of her inquiry from the media and the public,” yesterday’s statement said.
Between June and August, the NACC had provided Furness with documents she had requested, it said.
On September 3 Furness had asked the NACC “to provide submissions on a range of matters”, which the NACC said it would provide by 21 October — seven weeks later.
As previously revealed, the “final decision” of the NACC in refusing to investigate the Robodebt Six — which it is also refusing to disclose — was just two pages long.
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