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Calls for ‘blinkered’ robodebt officials to face music

Officials breached codes of conduct with involvement in the robodebt program, a report has found. (Jono Searle/AAP PHOTOS)

By Kat Wong in Canberra

Government officials embroiled in the robodebt scandal broke internal rules almost 100 times when they designed and delivered the unlawful welfare debt recovery scheme.

The Australian Public Service Commission found that 12 former and current bureaucrats had breached the public service code of conduct 97 times by failing to show care, integrity and due diligence.

Two former secretaries – one-time Department of Human Services head Kathryn Campbell and her successor Renee Leon – were named in its report but the rest weren’t.

The commission claimed those under investigation were highly experienced public servants with “impeccable professional reputations” who became blinded to the risks and concerns surrounding the now-widely scheme.

“In their dogged pursuit to deliver on a government priority, some respondents lost their way,” the report read.

“These public servants lost their objectivity and, in all likelihood, drowned out the deafening and growing criticisms.”

Four people still working in the public service have been slapped with sanctions ranging from fines, demotions, reprimands and salary reductions.

It is unclear how the rest – who have retired or resigned – would be treated because there is no framework to punish a former employee, but if they sought re-employment in the public sector over the next five years, they would have to declare their breaches.

Community and Public Sector Union national secretary Melissa Donnelly called for further action.

“It is incredibly disappointing that there are no meaningful consequences for those at the top,” she said.

The commission’s report found public servants claimed they had behaved ethically because they acted in line with rules.

However, they should have considered whether the robodebt program – which was concocted to recover so-called “debts” to Centrelink – was a “sound and fair” public policy.

For example, the illegal scheme automatically calculated debt by averaging an individual’s income, but this often failed to accurately reflect their earnings and many were ordered to pay more than they owed.

The commission found “little evidence” of any concern or assessment about whether this approach was the right thing to do, even when dealing with vulnerable people who may not have the records necessary to disprove their debt notices.

Workplace culture created by leading public servants, including Ms Campbell, failed to foster critical discussion over the robodebt scheme and criticism was often perceived as delaying progress towards implementing government policy.

This was because the intimidating senior leadership created a culture where employees felt they could not raise issues.

Some higher-ups would deflect accountability when they had delegated large and unsustainable amounts of work to junior staff.

Ms Campbell, in particular, failed to seek legal advice or respond to public criticism and whistleblower complaints and did not ensure her minister was fully informed of these issues.

She caused income averaging to resume even when she should have known the raised debts could be inaccurate.

Ms Leon did not properly brief the solicitor-general and relevant minister about the lawfulness of the debt collection scheme.

No single person was accountable for the scheme, the report said, but multiple individual failures led to progressive systemic problems.

The pair’s actions cover 25 code of conduct breaches while the 10 unnamed individuals were responsible for 72 occasions.

In a statement, Ms Leon said she was disappointed with the commission’s decision, adding that she stood by “the actions I took to get definitive legal advice and bring the robodebt program to an end”.

Australian Public Service commissioner Gordon de Brouwer apologised for the damage caused by robodebt.

“We can’t change what happened, but we can learn from it and work together to make sure those mistakes won’t happen again,” he said.

Dr de Brouwer said the decision not to name others was to ensure proportionality and allow those involved to “restore themselves” and have some closure.

Between 2016 and 2019, the former coalition government’s scheme recovered more than $750 million from almost 400,000 people.

Many welfare recipients were falsely accused of owing the government money and robodebt was linked to several suicides.

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5 Responses to Calls for ‘blinkered’ robodebt officials to face music

cbrapsycho says: 13 September 2024 at 3:34 pm

At last!!!!! Perhaps the APSC will now ensure that public servants know that their job is to serve the public, not the politicians. They need to ensure that what they’re doing is in the broader public interest and for the public good.

Whilst junior public servants may not know the nature of their responsibility, it is up to senior public servants to make expectations clear and to ensure that actions are appropriate. Only then can the public service do the job it is supposed to do, instead of catering to personal agendas.

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Carolyne Drew says: 14 September 2024 at 8:18 am

If only this were to be the case. It would be wonderful. But it is obvious that under the LNP government the public servants know they must do as the government wishes and be in THEIR service not in the service of the public. Yes, all governments including Labor influence departmental decisions but the LNP rule with an iron fist and public servants know this. They are faced with a stark choice when the LNP rule – either do as they say re public policy or lose your job. For most a difficult decision given the general economic climate.

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Jon Stanhope says: 13 September 2024 at 4:47 pm

As Chief Minister of the ACT I was privileged to work closely with Renee Leon over a number of years. At the time Renee was head of an ACT Government Department and in my estimation one of the most dedicated, hard working and effective members of the ACT Public Service. Her contribution to the governance and people of Canberra was exemplary and I have always and will continue to hold her in the highest regard.
Jon Stanhope AO

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cbrapsycho says: 13 September 2024 at 6:10 pm

Whatever her past service to the ACT, it is clear that she demonstrated very poor judgement and major ethical failures in her Federal government role. Many innocent people paid terrible prices for her failure to meet her responsibility to the public, as well as those failures of other senior public servants.

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