Attorney-General’s office says government will consider unsealing secret Robodebt report

Names contained in a secret Robodebt report could still be released, following news the anti-corruption body will reconsider its choice not to investigate further.

The release of the sealed section of the robodebt royal commission report is being considered following bombshell news the national anti-corruption watchdog will now investigate six individuals named in the secret report.

The report released in July 2023 named individuals who the royal commission recommended should be hit with “civil action or criminal prosecutions”.

But the National Anti-Corruption Commission declined to investigate and the confidential information was only shared with select individuals.

A spokesperson for Attorney-General Mark Dreyfus said on Wednesday the government would continue to “give consideration to questions relating to the release of the confidential chapter”.

The government will continue to give consideration to releasing the sealed names detailed in the final report from the robodebt royal commission. Picture: NewsWire / Martin Ollman

The comments came after the NACC announced it was appointing an independent person to “decide whether or not the commission should investigate the Robodebt referrals” after a probe uncovered a possible “mistake of law”.

Inspector Gail Furness in July began investigating the NACC’s initial decision not to investigate after hundreds of complaints flooded in.

“In the course of the Inspector’s investigation of the commission’s decision, the Inspector provided to the commission an opinion of a retired judge who found there had been a mistake of law or fact in the process by which its original decision was made,” the NACC said.

“The mistake involved a misapprehension by the commissioner of the extent to which a perceived conflict of interest required him to be isolated from the decision-making process.”

The investigation did not make any accusations of “actual bias” or “intentional wrongdoing”, and did not criticise the deputy commissioner who ultimately made the decision.

To avoid a perceived conflict of interest, Commissioner Paul Brereton delegated the call due to a past association with one of the officials referred to NAAC.

He said this was an error.

Commissioner Paul Brereton led the probe into allegations Australian troops committed war crimes in Afghanistan.

“Mistakes of law or fact are a professional inevitability for judges, tribunal members and administrative decision-makers,” Commissioner Brereton said.

“Throughout my judicial career I was, like every other judge, from time to time reversed on appeal for a mistake of law or fact.

“As an appellate judge, I often found that judges of unquestioned competence, skill and integrity had made a mistake of law or fact.

“Our system requires that we accept such findings, even when we don’t entirely agree with them. This is no different.

“Mistakes are always regrettable, but the most important thing is that they be put right.

“This mistake will be rectified by having the decision reconsidered by an independent eminent person.”

Hundreds of thousands of Australians were hit with wrongful debt notices because of Robodebt, which automated welfare payment calculations.

Robodebt was rolled out under former prime minister Scott Morrison when he was social services minister nearly a decade ago. Picture: NewsWire / Aaron Francis

The illegal debt recovery system was rolled out when he was former prime minister Scott Morrison was social services minister nearly a decade ago.

The Coalition government at the time hailed it as a cost-saving measure.

About half a million Australians were affected by the program, with some debt notice recipients later taking their own lives.

The Australian Public Service Commission has been the only government body to investigate referrals.

Last month, APSC said former agency heads Kathryn Campbell and Renee Leon were among 12 senior current and ex-public servants found to have breached service conduct 97 times in relation to Robodebt.

The APSC’s final report found 25 breaches between the two women, including providing false information, failing to behave honestly or act with care and diligence, and not upholding public service values.

Commissioner Gordon de Brouwer said if the two former heads “not already resigned or retired from the public service, they would have likely attracted the sanctions listed above and, in some instances, termination of employment”.

Originally published as Attorney-General’s office says government will consider unsealing secret Robodebt report