ANTHONY KLAN
Not one public servant will lose their job over the unlawful Robodebt scheme — one of the biggest scandals of the decade — and just one person was “recommended” for a “reduction in salary”.
Despite acknowledging “the incalculable cost to the lives of thousands of Australians” and “the reputation of the public service”, the Australian Public Service Commission (APSC) has simultaneously announced not one person will be “punished”.
Well over a year after the Robodebt Royal Commission delivered its findings — and three months after the National Anti-Corruption Commission (NACC) shocked the nation by announcing it would take no action — an APSC “taskforce” has delivered its report.
The 32-page document reveals just four public servants — their identities all remaining secret — have been subject to any action at all, via “sanctions”, which the APSC said were not a “punishment”.
“Sanctions are not considered as punishment of individuals, rather as restorative to ensure awareness for future conduct and to reinstall community confidence in public service administration,” the APSC taskforce report states.
“Sanctions are not considered as punishment” — APSC “taskforce”
Those who have already left the public service will receive no action whatsoever — and after five years will even be allowed to re-apply for public service jobs with no requirement to mention their wrongdoing in the Robodebt scandal, even “if asked”.
Under Robodebt, run by the former Coalition Federal Government, $1.7 billion in debts were unlawfully raised against more than 500,000 social security recipients, with some taking their lives.
The APSC taskforce report states 12 current and former public servants were found to have breached the public service “code of conduct”, with 97 “breaches” in all.
Yet all will remain secret except former Department of Human Services heads Kathryn Campbell and Renee Leon, who are two of the 12.
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Claims by Brereton he “recused” himself over the Robodebt referrals are “simply wrong”, says top former judge Stephen Charles KC. Source: The Klaxon
Just four of the 12 found to have breached the “code of conduct” were current public servants and so only those four faced “sanctions”.
“There is no legal authority to impose sanctions for determination of breach once an individual exits the APS (Australian Public Service),” the 32-page report states.
“There is no legal authority to impose sanctions…once an individual exits the APS” — APSC “taskforce”
In July last year Robodebt Royal Commissioner Catherine Holmes SC referred six public officials, who remain unnamed, to the NACC for criminal and civil action.
On June 6 — almost a year later — the NACC announced it would not investigate.
Paul Brereton (far left), former Governor-General David Hurley (third from left), and Kathryn Campbell (third from right) in 2022. Source: Facebook/Sydney University Regiment
The head of the NACC, Commissioner Paul Brereton, is close personal friends with Campbell, who was the most senior public servant who oversaw Robodebt.
As previously reported, Brereton has claimed he “recused” himself in the matter, yet freedom of information documents show he remained intimately involved.
The documents reveal that, regarding managing his conflict of interest in the matter, Brereton said one thing to his colleagues at the NACC and another to Attorney-General Mark Dreyfus.
The Klaxon’s report on August 26. Source: The Klaxon
Royal Commissioner Holmes described the unlawful scheme as an “extraordinary saga” of “venality, incompetence and cowardice”.
“An extraordinary saga of venality, incompetence and cowardice” — Catherine Holmes SC
The opacity and secrecy from the APSC extend to what “sanctions” were actually imposed.
More from The Klaxon on the NACC & 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
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
12 July – NACC marred by “silence and secrecy”
8 July – NACCered: How Dreyfus fudged the figures to deliver a secret regulator
1 July — Brereton’s NACC cloaked in military-grade secrecy
The report states imposing the “recommended sanctions” fell to the relevant agency heads, as employers of the four public servants.
“If an agency head disagreed with the Commissioner’s sanction recommendation, the Agency Head was required to discuss the proposed alternative decision with the Commissioner prior to finalising any decision,” the report states.
Brereton’s NACC has refused to respond to questions from The Klaxon since August 27, following a string of major exposes. Brereton has been paid almost $1 million. Source: The Klaxon
Before any potential watering down by agency heads, there were four types of “recommended sanctions”, page 18 of the report states.
The report states that “a number of individuals received numerous sanctions”.
The “recommended sanctions” were:
— Reduction in classification for two individuals;
— Reduction in salary for one individual;
— Fines for three individuals;
— Reprimands for five individuals.
Of those, “one public servant retired before the recommended sanction could be imposed”.
That means the “recommended sanctions” actually imposed are those above, less any “recommended sanctions” not enforced by agency heads, less any “recommended sanctions” relating to the public servant who subsequently “retired”.
A “reduction in classification” means a change to a person’s work title, a technical “demotion”, with no change to their salary.
Just one public servant was the subject of a “recommended sanction” to have their salary reduced.
If that was the person who “retired”, of if the relevant agency head failed to implement that sanction, then not one public servant would have faced even a salary reduction over the entire Robodebt scandal.
Page four of the APSC taskforce report names just three types of “sanctions” actually “imposed”.
They were “reprimands”, “fines” and “demotions” – with no mention of a reduction in salary.
There is also no mention of the size of the “fines”. A “reprimand” means a person has been informed of their employer’s displeasure, either in writing, such as via an email, or verbally.
The 32-page APSC taskforce report was completed and signed off by report author, First Assistant Commissioner Jamie Lowe, and Australian Public Service Commissioner Gordon de Brouer (pictured top), on September 5, Thursday last week, but it was only released today.
The Federal Government has been facing heavy criticism over the refusal of its NACC to investigate the Robodebt referrals, including in a string of exposes by The Klaxon in recent weeks.
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