Eight months after the report of the Royal Commission into the Robodebt Scheme was handed down and 16 unnamed individuals referred to a centralised inquiry into alleged breaches of the Code of Conduct by Australian Public Service employees, just one case has been concluded with the unnamed public servant let off.
In a long-awaited update released by the Australian Public Service Commission late on Thursday, the Australian Public Service Commission said 15 investigations had so far “proceeded to the issuing of notices outlining the grounds and categories for potential breach of the APS Code of Conduct” and that “four individuals have been issued a preliminary determination that they have breached one or more elements of the APS Code of Conduct”.
The glacial pace of the investigation means it is now next to certain that those public servants found as likely to have breached the APS Code of Conduct will be able to walk away from their jobs rather than being sacked or sanctioned in their APS roles.
The APSC acknowledged the lengthy investigation but put a strong emphasis on the importance of the probe being done by the book.
“The 16 matters are complex, with a significant volume of evidence,” the APSC update said.
“Sufficient time is required to allow the independent reviewers, Mr Stephen Sedgwick AO and Ms Penny Shakespeare, to conduct the inquiries in a manner that is robust and affords respondents appropriate procedural fairness.
“Final determinations and, if appropriate, decisions about sanctions will be communicated to individuals once preliminary determinations are finalised.
“The timeframe for the conclusion of inquiries depends on various factors, including the complexity of each matter, the number of submissions and any extensions that may be requested by respondents.”
By way of comparison, the independent inquiry conducted into the the appointment of former deputy premier of New South Wales John Barilaro to the role of state trade commissioner to the United States by former NSW public service commissioner Graeme Head was commenced on 25th June 2022, his report released on 12 August 2022, and former Investment NSW chief executive secretary of the Department of Enterprise, Investment and Trade, Amy Brown leaving the NSW Public Service on 19 September 2022.
Apart from its main report, the robodebt royal commission also issued a sealed section naming individuals for consideration of referral for criminal prosecution and referral to the National Anti-Corruption Commission. It has the same powers to compel evidence and make findings as a royal commission.
Details of those referrals were not forthcoming.
The issuance of the update comes as Parliament resumes and key officials prepared to be grilled before committees as to why the process is taking the time it is.
Members of the government and the cabinet are known to be frustrated with the protracted process, especially the likelihood the public servants found wanting will be able to walk away.
It is also still unclear whether staff affected by the illegal debt creation and collection racket who were required to hound social security recipients will take separate action against their employer, or former employer. Litigation funders are known to have sniffed the prospect of an action.
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