Centrelink lesson to Chris Minns feigning ignorance of Service NSW grant refund venality
[NOTE: The following article was sourced as follows: ‘Top bureaucrat breached code of conduct 12 times during robo-debt’, 13 September 2024, by Tom Burton, Government editor, Financial Review newspaper]
‘Venality‘ defined: the quality of being open to bribery or overly motivated by money. A government worker’s venality might lead him to exchange state secrets for cash. Criminals are known for their venality, being willing to break the law for a financial reward.
SOURCE: https://www.vocabulary.com/dictionary/venality
Twelve current and former public servants, including former department secretary Kathryn Campbell, breached the public service code of conduct on 97 occasions, according to a year- long review of the flawed robo-debt scheme.
The Australian Public Service Commission review found Ms Campbell, who led the Department of Human Services, breached the code of conduct 12 times, but dismissed the key finding of the royal commission that she misled cabinet in 2016.
The controversial Centrelink debt recovery scheme was an initiative of the Morrison government and ran for four years from 2016.
More than half a million welfare recipients were sent computer-generated letters demanding they repay $1.75 billion, which a royal commission found was unlawful.
The code of conduct review was launched by the Australian Public Service Commission (APSC) to investigate and hold public servants accountable for the flawed scheme.
Multiple failures
The findings released on Friday should draw a line under the saga.
The former public servants found to have breached the code must declare they were sanctioned if seeking work with the Commonwealth for the next five years.
The review found multiple failures in Ms Campbell’s oversight of the multi-billion dollar scheme. It found she failed to sufficiently respond to public criticism and whistle-blower complaints received by her in early 2017, and allowed the resumption of the income-averaging approach to calculating debts in August 2017 when she knew, or ought to have known, it was delivering potentially inaccurate amounts.
Ms Campbell created and allowed a culture that prevented issues about the scheme from being properly considered within her department, including aggressive and abusive behaviour by a deputy secretary, the review fund.
Ms Campbell failed to ensure the lawfulness of the scheme on three occasions, the review found.
This included failing to seek internal and external legal advice about the scheme in 2017, failing to investigate legal issues after they were raised in annual meeting of the Australian Institute of Administrative Law and failing to ensure that her minister was fully informed of academic and legal criticisms of the scheme in 2017.
Australian Public Service Commissioner Dr Gordon de Brouwer says “a sad and shameful succession of public servants failed to demonstrate the behaviour expected of public service”.
But the review dismissed complaints that she directed that preparation of legal advice cease and that she failed to discharge her legal obligations regarding the engagement of consulting firm PwC.
The royal commission found PwC was engaged in January 2017 to review the scheme. But the commission found Ms Campbell told PwC not to finalise the 100-page report, which criticised the scheme and found it would not deliver the projected savings.
The review also made adverse findings against Ms Renee Leon, despite being the Human Services secretary who wound up the scheme, amid protests and resistance by then Human Services minister Stuart Robert, and months later having her employment terminated by the Morrison government.
The review found Ms Leon breached the code in four matters.
These included misrepresentations to the ombudsman regard the status of the legality of the scheme and failing in mid-2019 to ensure her minister, the solicitor-general and the attorney- general’s secretary were expeditiously briefed on the lawfulness of the scheme.
Fight to end the scheme
Ms Leon is vice chancellor of Charles Sturt University and said she was disappointed with the way the Australian Public Service Commission had come to its decision.
Ms Leon:
“I stand by the actions I took to get definitive legal advice and bring the robo-debt program to an end. I acted as expeditiously as possible to convince a government that was wedded to the robo- debt scheme that it had to be ceased. When ministers delayed, I directed it be stopped. Two weeks later, my role as Secretary was terminated by a government that did not welcome frank and fearless advice.
I testified before the robo-debt royal commission, which found that I acted in good faith, and which did not refer me to the APSC or the National Anti-Corruption Commission or any other investigative process.”
She said she acted with integrity and in accordance with the standards of the public service she served for 30 years.
Former secretary of the Prime Minister’s department Martin Parkinson said he was “surprised and disappointed” with the findings made against Ms Leon.
“She has been a proud and conscientious public servant, always attempting to do what she believed was right,” Mr Parkinson said.
“I have no doubt that her decision to terminate robo-debt, having exhausted efforts to test its legality, played a very significant role in her subsequent termination by the Morrison government,” he said.
The chancellor of Charles Sturt university, Dr Michele Allan, said the university was disappointed with the findings and “fully supports Professor Leon.”
“We fully support her courageous and ultimately successful efforts to help end the Robodebt program, her transparent testimony at the subsequent Royal Commission, and her full and truthful account of her actions.”
Eight of the public servants, including Ms Campbell and Ms Leon, have left the public service and therefore cannot be further sanctioned.
Multiple sanctions have been imposed against the four current APS employees found to have breached the code. The sanctions imposed ranged from reprimands and fines to demotions.
‘A failure of government’
APSC chief Gordon de Brouwer said the inquiry found “a sad and shameful succession of public servants failing to demonstrate the behaviour expected of public service”.
The year-long review said the robo-debt scheme was “a stark example of a relatively small number of public servants making a series of poor decisions, lacking courage and curiosity to challenge assumptions, and failing to demonstrate the care, diligence and integrity that should be at the core of all we do”.
Dr De Brouwer said the public service took responsibility for its failings.
Dr De Brouwer:
“The robo-debt scheme was a failure of government in both policy design and implementation. The Australian Public Service (APS) acknowledges its role and takes responsibility for its actions, and is intent on learning from these failures to serve the government, parliament and Australian public better. 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.”
Public Service minister Katy Gallagher said the review was “robust, independent, and fair.”
Minister Gallagher:
“Some former departmental secretaries and public servants made mistakes, showed a lack of care, diligence, integrity, and leadership and they are being held to account for the part they played in the robo-debt failure. There are many lessons to be learned, and the APS will continue to work to rebuild the trust of the Australian people to ensure this shameful chapter is never repeated.”
References:
[1] ‘Kathryn Campbell‘, https://en.wikipedia.org/wiki/Kathryn_Campbell ;
[2] ‘Former department bosses Kathryn Campbell and Renee Leon named for breaching duties in relation to Robodebt‘, 13 September 2024, by political reporter Jake Evans, ABC, https://www.abc.net.au/news/2024-09-13/kathryn-cambpell-leon-breached-duties-robodebt-public-service/104347500 ;
[3] ‘Kathryn Campbell first senior bureaucrat suspended after Robodebt royal commission‘, 20 July 2023, by political reporter Chantelle Al-Khouri and Alex Brewster, ABC, https://www.abc.net.au/news/2023-07-20/kathryn-campbell-suspended-without-pay-over-robodebt/102623918 ;
[4] ‘Where’s My Pressie?’ – character “Queenie” as Queen Elizabeth I by actor Miranda Richardson in sitcom Blackadder II, 1986, BBC’;
[5] ‘Royal Commission into the Robodebt Scheme‘, https://robodebt.royalcommission.gov.au/;
[6] ‘How Robodebt Killed Vulnerable People Like Me‘, https://www.vice.com/en/article/how-centrelink-robodebt-killed-vulnerable-people-like-me-suicide/;