Google AI


Modern Australian

NACC investigation into Robodebt reveals public service corruption, but it will take much more to fix the system

  • Written by: Yee-Fui Ng, Associate Professor, Faculty of Law, Monash University

The National Anti-Corruption Commission (NACC) has released its much-anticipated investigation into the six people referred by the Royal Commission into the Robodebt Scheme.

The report reveals the identity of the referred people, which was previously not public knowledge: five bureaucrats and former prime minister Scott Morrison, who was social services minister at the time.

NACC found that two of the six individuals (Mark Withnell and Serena Wilson) had committed serious corrupt conduct. Notably, Morrison had no findings of corruption made against him.

Why did NACC decide to investigate?

On July 6 2024, the Robodebt royal commission referred six people involved in the Robodebt scheme to the NACC.

Initially the NACC declined to investigate, stating that the issues had been fully ventilated by the royal commission.

Following hundreds of complaints from the public about this decision, the inspector of NACC conducted an investigation into NACC’s decision not to investigate. She found it was flawed due to the NACC’s commissioner’s conflict of interest with one of the referred persons.

Read more: NACC belatedly to investigate whether six Robodebt referrals engaged in ‘corrupt conduct’

Former High Court judge Geoffrey Nettle was then appointed in December 2024 to reconsider whether and how the NACC should deal with the referrals. Nettle determined each referral raised a corruption issue under the NACC act, and it was in the public interest for the NACC to conduct a corruption investigation.

This finally prompted the NACC to decide to investigate the matter. This investigation was conducted by a deputy commissioner, Kylie Kilgour, to avoid a conflict of interest.

NACC held private hearings for this investigation, where the six referred people and 33 witnesses were called to give evidence. There were no public hearings.

What were the main findings?

The investigation found that two of the six referred people had committed serious corrupt conduct.

The commission found that Mark Withnell (previously general manager of business integrity at the Department of Human Services) engaged in corrupt conduct by intentionally misleading officers of the Department of Social Services in 2015 in preparing a submission to the Expenditure Review Committee of Cabinet of the Robodebt scheme proposal.

It also found that Serena Wilson (previously secretary at the Department of Social Services) engaged in corrupt conduct by intentionally misleading the ombudsman in 2017 during the ombudsman’s own investigation into the Robodebt Scheme. Wilson had concealed from the ombudsman legal advice that the Robodebt scheme was unlawful, and made misleading statements about the scheme.

However, NACC also concluded there was insufficient admissible evidence to establish the alleged offences against either Withnell or Wilson beyond reasonable doubt. It was therefore not appropriate to refer them to the director of public prosecutions.

NACC found Scott Morrison did not engage in serious corrupt conduct. This was because he was entitled to rely on departmental advice. The report lays the responsibility for misleading Cabinet on the public servants.

Is this adequate?

Key admissions and statements made during NACC investigations are not admissible in criminal proceedings.

This is because anti-corruption commissions often have extraordinary powers to abrogate fundamental privileges that normally apply to legal proceedings. These include legal professional privilege, public interest immunity and the privilege against self-incrimination. These privileges are necessary in order to allow anti-corruption commissions to uncover acts of corruption without impediment.

However, the abrogation of privileges is always twinned with “use immunity”. This prevents the compelled evidence from being used against the individual in a criminal prosecution, ensuring it is used for investigation rather than for the punishment of that person.

On the one hand, we now have a full ventilation of the truth of the matter and the role of each person in this sorry saga, both through the Royal Commission and the NACC investigation. And we have findings these two public servants have engaged in serious corrupt conduct.

However, as the public servants are not likely to be criminally prosecuted, it is unclear what other repercussions there will be beyond reputational damage.

More tellingly, the Robodebt scheme has exposed fundamental failings in our system of public administration. Public servants have lost power over the decades, with the rise of ministerial advisers and senior bureaucrats being in fixed-term contracts and in constant fear of losing their jobs. As a result, it is more difficult for public servants to provide “frank and fearless advice” – they are instead often focused on pleasing the minister. In the case of Robodebt, the public servants manoeuvred to put together this unlawful scheme that has caused significant harm to hundreds of thousands of Australians.

The Robodebt royal commission lambasted the scheme as an “extraordinary saga” of “venality, incompetence and cowardice”.

We also have a situation where ministers are able to evade responsibility for these policy choices. This is because they have plausible deniability. They can simply use the phrase: “I was not advised”. As long as they are careful enough, they can simply blame their advisers when things go horribly wrong. Here, the minister who orchestrated the whole scheme is not fully held accountable.

The Robodebt scheme shows the rise of automation in government may lead to significant harm. Therefore, stronger safeguards are needed before we deploy such technologies.

The NACC’s investigation has provided us with detailed examination of the conduct of the six people who were primarily responsible for the Robodebt scheme. It has shown some of these actions have amounted to serious corrupt conduct.

But there are broader issues at stake here. If we want to avoid another Robodebt, the government needs to look at broader reform on automated government decision-making and measures to strengthen the public service.

Authors: Yee-Fui Ng, Associate Professor, Faculty of Law, Monash University

Read more https://theconversation.com/nacc-investigation-into-robodebt-reveals-public-service-corruption-but-it-will-take-much-more-to-fix-the-system-278076

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...