NACC forced to investigate over Robodebt

ANTHONY KLAN

The deeply embattled National Anti-Corruption Commission will be forced to investigate over the $1.7 billion Robodebt scandal, after an external former judge overturned its earlier refusal.

In a statement today the NACC said it “will investigate” the six former senior public officials referred to it, for civil and criminal action, by the Robodebt Royal Commission in 2023.

The result is highly damning for the NACC’s top brass, including Commissioner Paul Brereton and its three “Deputy Commissioners”, who shocked the nation last June when they announced the NACC would not investigate.

The Commissioners provided a handful of vague reasons for not investigating, all of which were heavily criticised by top experts.

In response to months of public outcry — and in-depth media reporting — the NACC in December announced former High Court judge Geoffrey Nettle KC had been appointed to “review” its refusal to investigate the Robodebt referrals.

“As a result of the decision made by its independent reconsideration delegate, Mr Geoffrey Nettle AC KC, on 10 February 2025, the Commission will investigate the 6 referrals received from the Royal Commission into the Robodebt Scheme,” the NACC statement says.

Despite Nettle’s “decision” having been made over a week ago, the NACC only released the information today — in the shadow of the Reserve Bank of Australia’s scheduled major announcement on interest rates.

The NACC’s announcement contains just five sentences.

The NACC is refusing to provide the reasons for Nettle’s decision — that is, his findings as to why Brereton and the other Deputy Commissioners had been wrong in refusing to investigate the Robodebt referrals.

That’s despite the NACC last year publishing its “reasons” for refusing to investigate the Robodebt referrals.

To date, not one person has been held to account — or even demoted — over the decade-old scandal.

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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)

Today’s statement says Brereton and the other Deputy Commissioners “involved in the original decision not to investigate” the Robodebt referrals “will not participate in the investigation”.

“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,” the statement says.

The NACC does elaborate on how it will achieve the NACC undertaking an “impartial” investigation given its top brass have previously officially declared that no investigation was necessary.

Under the Coalition’s Robodebt scheme, fake debts were unlawfully raised against 500,000 social security recipients, with some taking their lives.

More from The Klaxon:

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

13 Sep – Not one person “punished” over Robodebt

In July 2023 the Robodebt Royal Commission referred to the NACC six officials for criminal and civil action over the scheme, but in June last year — 11 months later — the NACC announced it would not investigate.

Creating a “transparent” NACC “with teeth” was a key promise of the Albanese Government ahead of the 2022 election.

Yet once elected, it instead installed a body which conducts it operations almost entirely in secret.

The NACC has cost taxpayers over $140m since it began operations on 1 July, 2023.

More from The Klaxon:

9 Sep – Brereton’s Robodebt “recusal” claims a sham: Top ex-judge

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

In its first 12 months alone it spent $30.5m on employee expenses, including the $817,322 annual salary of NACC Commissioner Paul Brereton, and the $611,000 annual salaries of each of its three deputy commissioners.

As revealed by The Klaxon last month, the NACC has completed just three investigations since it was launched 18 months ago — and in each case it says it found no corruption.

The only major finding associated with the NACC since it was created is that its boss Brereton engaged in “officer misconduct”.

Despite having ties to Kathryn Campbell — the most senior public servant who oversaw Robodebt — and acknowledging a conflict of interest, Brereton failed to properly recuse himself from the decision of whether to investigate over the Robodebt referrals.

The leadership structure of the National Anti-Corruption Commission. Source: NACC; Composition: The Klaxon

Brereton has repeatedly refused to resign over the affair, despite widespread calls for him to do so, and the ongoing serious damage that experts say his remaining presence is having over public confidence in the body.

Although the six officials referred over Robodebt have not been formally named, one is known to be Campbell.

Also highly suspected to be among those referred — although not confirmed — is former Coalition Prime Minister Scott Morrison, who was deeply involved in the unlawful scheme.

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