Alan Tudge rejects claims in bombshell robodebt report

Alan Tudge has lashed out at the bombshell finding he was involved in an “abuse of power” over the robodebt scheme.

Former Liberal frontbencher Alan Tudge has hit back at the robodebt commission’s finding he was involved in an “abuse of power” and insisted he isn’t named in the secret sealed section.

Royal commissioner Catherine Holmes, SC, accused former Mr Tudge of an “abuse of power” in the report regarding the way the government used material on Centrelink clients.

She’s also revealed there’s a sealed section where unnamed individuals are referred for potential criminal and civil prosecution.

“As a minister, Mr Tudge was invested with a significant amount of public power,’’ the report said.

“Mr Tudge’s use of information about social security recipients in the media to distract from and discourage commentary about the scheme’s problems represented an abuse of that power.

“It was all the more reprehensible in view of the power imbalance between the minister and the cohort of people upon whom it would reasonably be expected to have the most impact, many of whom were vulnerable and dependent on the department, and its minister, for their livelihood.”

Former minister for Human Services Alan Tudge fronting the Robodebt Royal Commission. NewsWire / Sarah Marshall

It was a claim Mr Tudge rejected in his own evidence and in today’s statement.

“I strongly reject the commissioner’s comments of the way I use the media and that I had abused my power in doing so,’’ he said.

“I reject that finding in the strongest term. At no stage did I seek to engage in a media strategy that would discourage legitimate criticism of the scheme.

“Further, any releases of individual recipient information, which was generally de-identified and in every single case approved by the Department of Human Services legal counsel, was intended only to correct the public record.

“I strongly reject the observation that I was indifferent to suicides that were brought to my attention. It was standard practice to investigate every suicide that was said to be linked to Centrelink. Sadly, each year social workers and Centrelink deal with 5000 referrals for customers at risk of suicide.”

My statement on the Royal Commission Report pic.twitter.com/Jpnm2hVDNX

— Alan Tudge (@AlanTudgeMP) July 7, 2023

Mr Tudge said if he was named in the sealed section he would have been informed and he had not been.

“The report contains a sealed section concerning individuals who have been referred for civil or criminal prosecution. Consistent with the principles of procedural fairness, individuals who have been referred have received prior notification,’’ he said.

“I have not received notification that I have been referred. My legal team has not identified any basis of which any civil or criminal prosecution could be successfully made.”

Damning findings

The report finds that Scott Morrison failed to meet his ministerial responsibility to ensure that cabinet was properly informed that the robodebt scheme was lawful and some of his evidence was “untrue” according to a damning report.

But the Prime Minister Anthony Albanese has stopped short of calling for him to leave politics as a result, stressing that it ultimately a matter for Mr Morrison, who is holidaying in Europe.

A who’s who of ex-cabinet ministers has been criticised over the “mean-spirited” robodebt mess that ultimately cost taxpayers hundreds of millions of dollars.

Robodebt Royal Commissioner Catherine Holmes SC found the Morrison government engaged with an ‘abuse of power’. Picture: NCA NewsWire / Emma Brasier

Robodebt royal commissioner Catherine Holmes, SC has found the Morrison Government engaged in an “abuse of power” over the robo-debt scheme that was “reprehensible” and hurt the most vulnerable.

A sealed section is believed to name more than a dozen people for referral to police and anti-corruption authorities but the names of these people have not been revealed.

News.com.au does not suggest Mr Morrison’s own name is referred to in the sealed section.

‘Welfare cop’ rhetoric

Dismissing the Morrison Government’s “welfare cop” rhetoric is “easy populism” Commissioner Holmes said, adding she was shocked by the evidence she heard.

“At the outset of my inquiry, I had anticipated that the Commission would uncover how such a patently unreliable methodology could become part of an Australian Government debt raising and recovery scheme,’’ she said.

“It is remarkable how little interest there seems to have been in ensuring the Scheme’s legality.

“Truly dismaying was the revelation of dishonesty and collusion to prevent the Scheme’s lack of legal foundation coming to light.”

Commissioner Holmes grilled former Prime Minister Scott Morrison in the report. Picture: Supplied

Scathing criticism of Scott Morrison

The Commissioner was scathing of Scott Morrison’s warnings that “there does need to be a strong welfare cop on the beat” as anti-welfare populism.

“He had also conveyed the approach he intended to take to the portfolio generally, including through the language of a ‘crackdown’ on welfare cheats, ‘rorting’ the system, and the concept of himself as a ‘welfare cop,’’ the report states.

“In doing so, Mr Morrison contributed to a certain atmosphere in which any proposals responsive to his request would be developed. The context was apt to encourage the development of proposals which reflected the approach and tone of his powerful language.”

Report: Scott Morrison’s evidence on some aspects ‘untrue’

The Royal Commissioner’s criticism of Scott Morrison’s evidence relates to an exchange over an executive minute in 2015 suggesting the robo-debt scheme would require legislative change.

“The Commission rejects as untrue Mr Morrison’s evidence that he was told that income averaging as contemplated in the Executive Minute was an established practice and a “foundational way” in which DHS worked,’’ the report states.

The new method was ultimately found to be unlawful and led to $112 million in compensation being paid to victims.

News.com.au has contacted Mr Morrison for comment.

Scott Morrison ‘allowed cabinet to be misled’: report

Robodebt royal commissioner Catherine Holmes, SC also accused the Prime Minister of having “allowed cabinet to be misled”.

This related to a cabinet submission that did not say legislation was required to introduce the scheme.

Mr Morrison told the inquiry that it was his good faith understanding that the department “did come to a view in their formal advice that legislation was not required”.

“He failed to meet his ministerial responsibility to ensure that Cabinet was properly informed about what the proposal actually entailed and to ensure that it was lawful,’’ the report states.

Ms Catherine Holmes SC is the Robo-debt royal commissioner. Picture: Liam Kidston

What Christian Porter knew

The report states that former attorney-general Christian Porter “could not rationally have been satisfied with the legality” of the robodebt scheme on the basis of his general knowledge of the policy process.”

Mr Porter served as social services minister from September 2015 to December 2017 and acted in the role over the 2016 summer while Mr Tudge was on leave.

“Mr Porter could not rationally have been satisfied of the legality of the scheme on the basis of his general knowledge of the process, when he did not have actual knowledge of the content ....and had no idea whether it had said anything about the practice of income averaging,” the report said.

“As Minister for Social Services, Mr Porter should at least have directed his department to produce to him any legal advice it possessed in respect of the legislative basis of the Scheme,” the report said.

Mr Porter has been contacted for a response.

Knowledge of Marise Payne

The report finds that former Liberal frontbencher Marise Payne “closely read material the Department of Human Services provided to her.”

“Weighing up all the considerations, the Commission concludes that Ms Payne was entitled to regard the assurance she received in the NPP as sufficient,’’ the report states.

“Ms Payne was responsible for a department which instituted the flawed Scheme and officers of which misled Cabinet as to what it involved. Those are matters for Parliament and the electorate, not this Commission.”

Originally published as Alan Tudge rejects claims in bombshell robodebt report