Robodebt Code of Conduct process
The Centralised Code of Conduct Inquiry has concluded the investigation into whether Australian public servants (APS) associated with the design and delivery of the Robodebt Scheme breached the Australian Public Service Code of Conduct.
The Taskforce supported the Independent Reviewer and Supplementary Reviewer to complete inquiries into 16 individuals. These respondents had different roles and accountabilities with respect to the design, implementation and ongoing monitoring of the Scheme. The 16 inquiries were complex, with large volumes of interrelated evidence, owing to the nature of the interdependent work undertaken by these respondents.
Of the 16 referred matters, 12 individuals were issued with a determination that they breached one or more elements of the APS Code of Conduct. Of these, four current APS employees were subject to sanction.
The sanctions imposed ranged from reprimands and fines to demotions. A number of respondents resigned or retired from APS employment prior to or in the course of these inquiries and were therefore not subject to sanctions.
The Taskforce has prepared a public report with further details on the outcomes. The report also details insights and observations about individual behaviours and interagency actions, responsibilities and processes.
The Robodebt experience offers important lessons for public servants – especially about ethical decision making, leadership, and accountability – that are actively part of people management and capability focus in the Australian Government public sector.
Read the report.
Read the Australian Public Service Commissioner's statement on the Robodebt Centralised Code of Conduct Inquiry.
Updates
September 13 2024
The independent Code of Conduct Taskforce has concluded the investigations into whether Australian public servants (APS) associated with the design and delivery of the Robodebt Scheme breached the Australian Public Service Code of Conduct. A report on the outcomes and Taskforce insights is available here.
February 8 2024
Since the last update on 3 August 2023, the Code of Conduct Taskforce in the APSC has continued inquiries into all 16 referred matters.
To date:
- 15 investigations have proceeded to the issuing of notices outlining the grounds and categories for potential breach of the APS Code of Conduct.
- Of the 15 investigations, 4 individuals have been issued a preliminary determination that they have breached one or more elements of the APS Code of Conduct; 11 investigations remain current.
- One investigation has concluded as the individual's actions did not meet the threshold to issue a notice of suspected breach.
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.
The 16 matters are complex, with a significant volume of evidence. 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.
November 13 2023
About the Royal Commission
The Royal Commission was established on 18 August 2022 in recognition of the harm caused to affected members of the Australian community by the Robodebt Scheme. Ms Catherine Holmes AC SC was appointed as the Commissioner.
Over the course of its inquiry, the Royal Commission published over 8,000 exhibits and heard from over 100 witnesses across nine weeks of public hearings.
The Royal Commission delivered a report with its findings to the Governor-General on 7 July 2023.
The final report is published on the Royal Commission’s website.
Government Response
Following the release of the report, the Australian Government committed to carefully considering and appropriately responding to the substantial work of this Royal Commission.
The Government accepts, or accepts in-principle, all 56 recommendations made by the Royal Commission into the Robodebt Scheme.
The Government tabled the Government Response to the Royal Commission into the Robodebt Scheme in Parliament on 13 November 2023.
The full response to the Royal Commission's report can be found on the Department of the Prime Minister and Cabinet’s website.
If matters raised by the Royal Commission cause you any distress you can call Lifeline at any time on 13 11 14. Dedicated crisis support is available for Aboriginal and Torres Strait Islander Australians by calling 13 YARN (13 92 76).
August 3 2023
The Australian Public Service Commission takes the findings of the Royal Commission into the Robodebt Scheme seriously and is committed to working through the findings in an open and constructive way with APS employees and the Australian public.
The APSC has a legal obligation not to disclose details contained in the sealed section of the Royal Commission’s report. This is to ensure procedural fairness and natural justice is respected. Recognising these obligations, and the significant public interest in this process, the APSC will provide updates as appropriate on the progress of the code of conduct process to ensure transparency in our response.
The Royal Commission only referred individuals to the Australian Public Service Commissioner in the sealed section of its report who, if found to have breached the Code of Conduct, could be subject to a sanction. This means that only current APS employees who may be subject to sanctions were proposed for a possible Code of Conduct investigation by the APSC.
To ensure equitable treatment of current APS employees, former APS employees and former APS Agency Heads, further consideration was given to whether additional referrals to the centralised code of conduct mechanism, was warranted with respect to:
- former APS employees, by Agency Heads, in consultation with the Code of Conduct Taskforce in the APSC;
- current APS employees mentioned in the open version of the Royal Commission report but not referred in the sealed section, by Agency Heads, in consultation with the Code of Conduct Taskforce in the APSC; and
- former Agency Heads, with the Secretary of the Department of the Prime Minister and Cabinet advising the Minister for the Public Service to make referrals under section 41(2)(k) of the Public Service Act 1999 to the Australian Public Service Commissioner.
The Commissioner has now received 16 referrals to the APSC’s centralised code of conduct mechanism, consisting of:
- current APS employees named in the sealed section of the Royal Commission’s report
- former APS employees referred by their most recent Agency Head, and
- former Agency Heads referred by the Minister following advice from the Secretary of the Department of the Prime Minister and Cabinet.
All referrals for investigation of potential breaches of the APS Code of Conduct have now been made and the Code of Conduct Taskforce in APSC has notified all referred individuals. An assessment will now be undertaken to establish in each case whether there are sufficient grounds to commence an investigation into suspected breach(es) of the APS Code of Conduct. The APSC will not provide details on individual cases or any further breakdown.
Agency Heads have considered the full range of actions available for effective and proportionate responses to the adverse commentary presented in the Royal Commission’s report. In line with their legislated duties, Agency Heads have determined the most appropriate action to improve or change behaviour, including ongoing management of performance through counselling, training, mentoring or closer supervision for those employees not referred to the APS Code of Conduct processes. The Code of Conduct Taskforce in APSC has supported Agency Heads and their delegates as they have completed this process.
Agency Heads have made decisions regarding the employment arrangements for current APS employees who have been referred to the Code of Conduct process.
What is the process?
APS Code of Conduct inquiries are independent investigations. While the Royal Commission has provided notices and submissions to the Commissioner, the Code of Conduct Taskforce in APSC is not confined to using only this information and may request or receive further information from individuals that are the subject of the investigation. Each referral will be considered in accordance with the Public Service Act 1999 and the Public Service Regulations 2023. Findings will made on the balance of probabilities.
Individuals who become the subject of a formal investigation will have an opportunity to respond to any allegations of suspected breach(es) of the APS Code of Conduct and provide their own submissions either in writing, by interview, or both.
Timeframes for considering matters will depend on availability, length of submissions and any extensions that may be requested.
Who will undertake the APS Code of Conduct enquiries?
Mr Stephen Sedgwick AO has been appointed as an independent reviewer to make inquiries into possible breaches of the APS Code of Conduct by current and former APS employees.
Ms Penny Shakespeare has been appointed as a supplementary reviewer to make inquiries into the conduct of former Agency Heads. The Public Service Act 1999 requires that the reviewer for referrals under section 41(2)(k) is a current senior public servant.
An independent sanctions adviser will be appointed, as required, to make recommendations to the relevant Agency Head, should any current APS employees be found to have breached the APS Code of Conduct.
Questions about the process
What is the process?
APS Code of Conduct inquiries are independent investigations. While the Royal Commission has provided notices and submissions to the Commissioner, the Code of Conduct Taskforce in APSC is not confined to using only this information and may request or receive further information from individuals that are the subject of the investigation. Each referral will be considered in accordance with the Public Service Act 1999 and the Public Service Regulations 2023. Findings will made on the balance of probabilities.
Individuals who become the subject of a formal investigation will have an opportunity to respond to any allegations of suspected breach(es) of the APS Code of Conduct and provide their own submissions either in writing, by interview, or both.
Timeframes for considering matters will depend on availability, length of submissions and any extensions that may be requested.
Who will undertake the APS Code of Conduct enquiries?
Mr Stephen Sedgwick AO has been appointed as an independent reviewer to make inquiries into possible breaches of the APS Code of Conduct by current and former APS employees.
Ms Penny Shakespeare has been appointed as a supplementary reviewer to make inquiries into the conduct of former Agency Heads. The Public Service Act 1999 requires that the reviewer for referrals under section 41(2)(k) is a current senior public servant.
An independent sanctions adviser will be appointed, as required, to make recommendations to the relevant Agency Head, should any current APS employees be found to have breached the APS Code of Conduct for.
What powers will this inquiry process have?
The Australian Public Service Commissioner’s functions under the Public Service Act include strengthening the professionalism of the APS and upholding high standards of integrity and conduct within the APS.
Under the Public Service Act, Agency Heads are able to request that the APS Commissioner inquire into and determine whether a current or former APS employee has breached the Code.
The Commissioner can make recommendations about sanctions listed in s15 of the Act in relation to a finding of a breach of the Code of Conduct.
Who will conduct the inquiries?
The Australian Public Service Commissioner is appointing an Independent Reviewer, who will inquire into and determine whether an APS employee referred by Agency Heads to the centralised inquiry process has breached the Code of Conduct.
How does the work of the Independent Reviewer relate to other enquiry and integrity bodies?
The Independent Reviewer, supported by a Taskforce established within the Australian Public Service Commission, is exercising review powers under the Public Service Act in relation to the APS Code of Conduct. It does not replicate or preclude the functions of other enquiry and integrity bodies.
The Royal Commission has submitted relevant parts of an additional sealed chapter to other professional and disciplinary bodies. Code of Conduct inquiries can occur at the same time that these bodies are undertaking their own investigations.
What information will be available about individual referrals and inquiries?
The sealed chapter of the report refers to individuals and is subject to a Direction Not to Publish issued by the Royal Commissioner.
In order to maintain the integrity and procedural fairness of any further inquiries, and consistent with the Direction Not to Publish, information about individual cases will not be released.
Will individuals referred to in the sealed report continue to be employed in the APS?
The decision about the employment arrangements for public service employees identified in the Royal Commission report is a matter for their current employer. Agency Heads can take action before a formal investigation has started or concluded.
In considering the most appropriate action, the employer needs to properly consider a number of factors including the information provided in the report and the seriousness of the allegations, as well as the particular circumstances of the individual’s employment including their current roles and responsibilities.
The APSC and individual departments and agencies will not be commenting on the employment arrangements of individuals because, to do so, may inadvertently disclose content contained in the sealed chapter or risk prejudicing ongoing inquiries.