EXCLUSIVE
The Federal Government must appoint an outside expert to oversee to the National Anti-Corruption Commission’s investigations into Robodebt, says Independent Senator David Pocock.
It is almost a month since the NACC was found to have acted improperly by refusing to investigate over Robodebt — forcing a humiliating backflip — yet the public has not been told how the investigations will be handled.
Further, the ALP has failed to respond to formal questions from Pocock on the matter for over a week, despite publicly promising to respond “as quickly possible”.
“To restore trust, the Government should appoint an acting commissioner, free from any perceived bias,” Pocock exclusively told The Klaxon.
“I raised this in (Senate) Estimates last week, but the government has failed to respond”.
“That’s not good enough,” he said.
“That’s not good enough” — Senator Pocock
At Senate Estimates on February 25, Pocock cited independent legal advice — from top former judges Dr Margaret White and Michael Barker KC — that the Attorney-General could appoint an acting commissioner to oversee the Robodebt investigations.
“The opinion finds that under section 243 of the NACC Act, the Attorney-General could appoint an acting commissioner for the limited purpose of investigating something like the Robodebt scandal,” he said.
Pocock asked Special Minister of State, ALP Senator Don Farrell, whether that was correct and “whether the Attorney-General has considered this?”
Farrell responded: “Well I’m not the minister Senator. I’d have to ask him…I’ll come back to you as quickly as possible, if I can get an answer to you today I will”.
“If I can get an answer to you today I will” — Senator Farrell, February 25
Pocock has criticised the Government’s failure to respond, telling The Klaxon that Robodebt victims had “waited too long” and that time was “fast running out” before the federal election.
“Victims have waited too long. Australians have waited too long,” he said.
“It’s time for the Government to restore trust in this critical integrity body and time is fast running out before we hit the caretaker period to do that.”
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Pocock put the questions to the ALP’s Don Farrell in Senate Estimates last week. Source: The Klaxon. (Image top: Senator Pocock; Source: ABC News/David Sciasci)
The central question is whether the Robodebt investigations will be overseen by an independent, externally appointed, expert.
That is, completely outside the influence of the NACC’s top brass, who earlier improperly refused to investigate.
The Albanese Government has sought to distance itself from the scandal, citing the “independence” of the NACC.
Yet the matter has now been put back on the Government, given the NACC Act appears to specifically allow for it to appoint an acting commissioner, taking it out of the hands of the NACC’s top brass.
Despite the extreme seriousness of the matter, statements from the NACC and Federal Government have, to date, been mixed and vague.
Senator David Pocock at Senate Estimates last week. Source: Australian Senate
The NACC last month said: “The Commissioner and those Deputy Commissioners who were involved in the original decision not to investigate the referrals, will not participate in the investigation”.
Yet, as previously reported, all were involved in that original decision.
The NACC shocked the nation last June when, after 11 months, it announced it would not investigate six public officials referred to it by the Robodebt Royal Commission for “civil and criminal action”.
Under the former Coalition Government’s illegal $1.7 billion Robodebt scheme, over 500,000 social security recipients were pursued for fake debts, with some taking their lives.
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.
The Albanese Government and NACC have been accused of running a years-long, multi-pronged cover-up protecting those responsible for Robodebt from being held to account.
Among those called to give evidence to the Robodebt Royal Commission, clockwise from top left: Scott Morrison, Christian Porter, Stuart Roberts, Michael Keenan, Alan Tudge, Marise Payne. Source: Various/ABC News. (Image top: NACC boss Paul Brereton, Source: ABC News/Ian Cutmore)
Following public outcry over the NACC’s refusal to investigate the “Robodebt Six”, an investigation was launched by NACC Inspector Gail Furness SC, whose role is to police corruption within the NACC itself.
In October Furness found Brereton had engaged in “officer misconduct”, for failing to recuse himself from that decision, despite having a declared conflict of interest.
Brereton is close associate of Kathryn Campbell, the top public servant who oversaw Robodebt.
In December the NACC announced it had appointed former High Court judge Geoffrey Nettle KC to review its decision not to investigate.
On February 18 the NACC announced it would now investigate the Robodebt referrals, after a “decision” by Nettle on February 10.
Yet the NACC is refusing to release Nettle’s findings, which almost certainly detail failings of the NACC’s top brass in earlier refusing to investigate.
More from The Klaxon:
2025:
27 Feb – “Nothing to worry about” over Robodebt, says donations stitch-up architect…
18 Feb – NACC forced to investigate over Robodebt
12 Jan – NACC finds “no corruption”, spends $140m to date
2024:
13 Nov – Integrity boss Brereton caught lying about own misconduct
7 Nov – Robodebt NACC hearings must be public: Top judge
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
The NACC’s February 18 announcement, which cites no author, was just five sentences long.
“The Commission is now making arrangements to ensure the impartial and fair investigation of the referrals, as it did with the appointment of Mr Nettle as independent reconsideration delegate,” it states.
Yet at Senate Estimates last week, Farrell appeared to suggest the Robodebt investigations would be left in the hands of the NACC’s top brass.
“We should now leave it and trust that having got to this point, we should leave it to the people…. that have been appointed to these jobs,” Farrell said.
“We appointed people to these positions, we have to entrust them with making the right decisions to ensure the integrity of the Australian political system works as it should,” he said.
“I’m very confident that the community should not have anything to worry about,” he said.
Don Farrell orchestrated the stitch-up of electoral finance laws in favour of the ALP & Coalition. Source: The Klaxon
Separately, Farrell orchestrated the overhaul of political “donations” laws, which heavily rig the playing field in favour of the ALP and Coalition against independents.
The laws were rammed through the Senate last month by the ALP and Coalition, despite fierce objections from experts, independents and minor parties.
Pocock told Senate Estimates last week that unless the Robodebt investigations were truly independent — regardless of how they were otherwise handled — if individuals weren’t held to account, then many Australians would reject the findings.
“I ask these questions because I get a huge amount of correspondence from Canberrans basically saying “burn this thing (NACC) down and start again, it’s clearly failed,” he said.
“Burn this thing down and start again, it’s clearly failed” — Constituents to David Pocock
Commissioner Brereton and the NACC’s three deputy commissioners — Kylie Kilgore, Ben Gauntlett and Nicole Rose — were all involved in last year’s decision not to investigate any of the six Robodebt referrals.
Those four commissioners, and CEO Phillip Reed, comprise the NACC’s “statutory officers”, who decide what the NACC does and doesn’t investigate.
All were appointed to the NACC after being selected by Attorney-General Mark Dreyfus.
The leadership structure of the National Anti-Corruption Commission. Source: NACC; Composition: The Klaxon
While Brereton left the room for part of the meeting where the “decision” was made not to investigate over Robodebt — and though the ultimate “decision” was made by Rose — all five officers were directly involved in the process.
(The “decision” was made at a NACC statutory officers meeting on April 6 last year. That was after the departure of temporary NACC Deputy Commissioner Jaala Hinchcliffe, who was replaced by Kilgore).
Pocock said the saga had “deeply damaged public confidence” and was a “tragic reminder” of why a “high-quality public service matters”.
“The NACC’s original decision not to investigate was wrong and deeply damaged public confidence,” he told The Klaxon.
“Public outcry and action by the NACC Inspector have forced a reversal, but this investigation must be beyond reproach.”
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