The National Anti-Corruption Commission Inspector has announced she has launched a formal investigation into the regulator’s refusal to investigate six public officials referred by the Royal Commission into Robodebt.
Gail Furness SC has released a statement this afternoon that she is “conducting an investigation” into the matter, but was waiting on submissions from the NACC, which would take it over seven weeks.
“Between June and August 2024, the National Anti-Corruption Commission provided the Inspector with documents the Inspector had requested,” the statement says.
“On September 3 2024, the Inspector asked the National Anti-Corruption Commission to provide submissions on a range of specified matters.
“The National Anti-Corruption Commission has advised that it anticipates that it will provide those submissions by 21 October 2024,” it states.
As previously revealed by The Klaxon, the “final decision” by the NACC not to investigate the Robodebt Six is a document of just two pages.
Today’s announcement comes after The Klaxon reported earlier this month that Furness was refusing to say whether she had launched an “investigation” into the matter, or if she had decided whether she would.
The distinction is important because once a formal “investigation” is commenced the NACC Inspector has additional powers, including the power to obtain documents.
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The Klaxon’s September 6 article. Source: The Klaxon
In July 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.
On June 7 this year — almost a year later — the NACC said it would not investigate any of the six.
Within days the NACC Inspector received almost 900 complaints and on June 13 Furness released a statement on the matter.
The statement said the NACC Inspector would “look into” the matter (a term it used four times in the document) but made no mention of “investigate”.
Today’s statement says Furness has “received many inquiries” about her progress.
“The Inspector has received many inquiries as to the progress of her inquiry from the media and the public,” the statement says.
“The Inspector has received many inquiries as to the progress of her inquiry from the media and the public” – NACC Inspector
“The Inspector is conducting an investigation under section 184(1)(e) of the National Anti-Corruption Commission Act 2022 into the decision by the National Anti-Corruption Commission not to investigate the referrals from the Robodebt Royal Commission”.
“When the Inspector completes her investigation she will prepare a report as provided for in Part 10, Division 4, Subdivision B of the National Anti-Corruption Commission Act 2022,” it says.
In her June 13 statement Furness said:”I anticipate that I will make my findings public, in due course”.
The NACC Inspector’s announcement today. Source: NACC
Early this month The Klaxon asked the NACC Inspector whether she had made a decision to investigate. The NACC did not answer the question, but repeated its statement of June 13.
At the same time it announced it would not investigate the Robodebt referrals, the NACC said its Commissioner Paul 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.
The referrals from the Robodebt Royal Commission were made via a “sealed” chapter so as not to “prejudice” action against the six by authorities.
More from The Klaxon on the NACC & 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
6 Sep – Questions over NACC Robodebt “investigation”
31 Aug – NACC boss misled Dreyfus over Robodebt
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 NACC Inspector’s complaints handling policy states “the Inspector aims to complete the assessment of most complaints within six weeks”.
The Inspector is required to “assess and prioritise complaints” according to the “urgency and/or seriousness of the issues raised”.
The NACC Inspector’s announcement on June 13. Source: NACC Inspector
The NACC is refusing to say which of its three Deputy Commissioners Brereton “delegated” the decision of whether to investigate the six referrals.
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.
More from The Klaxon on the NACC & Robodebt:
29 Aug – Million dollar NACC boss freezes media as questions heat up
26 Aug – “Recused” NACC boss Brereton at Robodebt meeting
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
Heavily redacted documents from an earlier freedom of information request by Tee 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.
The Public Service Commission earlier this month completed its employer investigation into Robodebt. It said there were “sanctions” involving four unnamed employees, but those actions did not constitute “punishment”.
The Albanese Government promised a powerful and transparent federal integrity body before the last federal election. Instead, it implemented a body that operates almost entirely in secret, with the government using deeply fudged figures to justify doing so.
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