Final robo-debt probe to keep names unnamed – again

Twelve government officials involved in the robo-debt disaster breached public service rules nearly 100 times but only two have been identified in the final inquiry into the unlawful welfare clawback program.

Two former Human Services Department heads, including Charles Sturt University vice chancellor Professor Renee Leon and one-time top mandarin Kathryn Campbell, were named and found to have breached the public service code a dozen times each in the report released on Friday.

Former Department of Human Services secretary Kathryn Campbell.Credit: Monique Westermann

The Coalition-era scheme, overseen by ministers including Scott Morrison and Alan Tudge, issued automated debts to social security recipients based on unlawful calculations, traumatising some recipients. The resulting political scandal culminated in a royal commission.

The National Anti-Corruption Commission declined to investigate the royal commission’s findings last year, instead referring the matter to the public service watchdog. A section of the commission’s report that named the public servants involved remains secret, leading advocates to claim the officials would get away with their failures.

The Australian Public Service Commission found that Campbell, who headed departments involved in robo-debt from 2011 to 2021, failed to respond to whistleblower complaints, investigate legal concerns, and did not inform her minister of issues with the scheme. She was cleared of other allegations including misleading cabinet, directing legal advice, and failing to discharge her duties.

Leon, the public service commission found, failed to quickly inform her minister and colleagues of legal advice showing the scheme’s method of calculating debts was flawed, and did not cease using it promptly.

Former department secretary Renee Leon appears before the robo-debt royal commission in 2023.

Leon said in evidence to the royal commission that she had stopped the robo-debt scheme on her own in the face of ministerial defiance after receiving advice showing it was unlawful. She suggested to the commission that giving frank and fearless advice to the government had ultimately cost her position as secretary of the Department of Human Services, which she held from 2017 to 2020.

Leon said on Friday she was disappointed with the APSC findings and that she stood by her actions.

Charles Sturt University chancellor Michele Allan said Leon had the university’s full backing despite the commission’s decision.

“Professor Leon’s actions in helping to end the robo-debt program were in keeping with the integrity she demonstrated as a dedicated public servant for 30 years,” Allan said.

Campbell could not be contacted for comment.

However, the 10 other officials were unnamed, meaning they would continue to avoid public scrutiny until the government decided to release the sealed section of the royal commission.

Those 10 people, including four still employed by the government, breached the code of conduct on about 70 occasions for lacking care and integrity. They could be demoted, reprimanded or fined.

Public service commissioner Gordon de Brouwer said in a statement that robo-debt was a failure that civil servants took responsibility for and would learn from.

Former Liberal ministers (clockwise from top left) Scott Morrison, Marise Payne, Malcolm Turnbull, Alan Tudge, Christian Porter and Stuart Robert gave evidence at the royal commission.Credit: The Royal Commission into the Robodebt Scheme

“I apologise as public service commissioner to those affected by the scheme and to the Australian public for the part played by public servants in this failure,” de Brouwer said.

Government Services Minister Bill Shorten, who led the political campaign against robo-debt and helped create a class action, said in August it was not in his power to unseal the royal commission report but he would use his persuasive powers to achieve the outcome.

In that speech, Shorten said Coalition ministers involved in the scheme would always have a black mark against their name.

Attorney-General Mark Dreyfus said of the sealed section in July: “The report held people accountable and named people as accountable. There is still disciplinary proceedings occurring within these processes of the Australian public service. So we’re not quite done.”

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