Fearful and forceless: NACC fails Robodebt victims

The National Anti-Corruption Commission has said it will not commence a corruption investigation into the Coalition's shameful Robodebt Scheme, writes Belinda Jones.

LAST THURSDAY the National Anti-Corruption Commission (NACC) published a media release about 'referrals concerning six public officials from the Royal Commission into the Robodebt Scheme'.

It stated:

'The Commission has therefore decided not to commence a corruption investigation as it would not add value in the public interest.'

Robodebt was an "income compliance program" introduced by the former Coalition Government which unlawfully raised $1.73 billion in debts against 433,000 Australians between July 2015 and November 2019 using income averaging.

Over that time, former Coalition Ministers Scott Morrison, Stuart Robert, Alan Tudge and Christian Porter were responsible for the scheme.

Robodebt RC: Underlings' 'only following orders' defence disgraceful

Robodebt was a massive failure of public policy that might not have proceeded if those who helped enable it had pushed back on a questionable scheme they knew had significant flaws.

Six public officials were referred to the NACC by Commissioner Catherine Holmes AC SC at the conclusion of the Royal Commission into the Robodebt Scheme in the “sealed section” of her report delivered on 7 July 2023.

Commissioner Holmes said at the time that the “sealed section” should not be tabled “so as not to prejudice the conduct of any future civil action or criminal prosecution”.

Just over a year before Commissioner Holmes’ report was handed down, the Albanese Government had campaigned at the 2022 Federal Election on a platform of integrity, which included its intent to establish a federal anti-corruption commission.

The newly-elected Labor Government introduced the Bill to establish the NACC and it passed Parliament in November 2022 despite criticisms that the NACC legislation was a “significant deviation” from the design principles which Labor had taken to the 2022 Federal Election. The NACC was established in 2023.

Attorney-General Mark Dreyfus recommended the inaugural NACC appointments in March 2023, naming The Hon Justice Paul Brereton AM RFD as Commissioner and Nicole Rose PSM and Dr Ben Gauntlett as Deputy Commissioners. In 2024, Kylie Kilgour was recommended as a third Deputy Commissioner.

At the establishment of the NACC, it was widely acknowledged that the Robodebt Scheme would likely be referred to the NACC for investigation — this was confirmed by Commissioner Holmes’ referral in July 2023.

Now, here’s where it starts to get murky. Kathryn Campbell was Secretary of the Department of Human Services from 2011 to 2017, during Robodebt’s inception in 2014.

Campbell has had a long career in the public service and Australian Army Reserve. While in the army, Major General Campbell received appointments through the Reserve in various roles including Sydney University Regiment (SUR).

Campbell served as Commanding Officer of SUR from 2007 to 2009 and, once a colonel, served in DGCM-A and Headquarters 5th Brigade, later commanding 5th Brigade from 2014 to 2016.

Commissioner Paul Brereton also served in the Army Reserve, like Campbell, enlisting in the SUR regiment in 1975 and among many other roles was Commander of the 5th Brigade from 2008 to 2010. Campbell and Brereton were well known to one another before their involvement with Robodebt or the NACC.

Campbell’s husband, Colonel John Brennan is also an army reservist.

(Paul Brereton and Kathryn Campbell, front left and right, respectively, in 2016 in Afghanistan) Source: Facebook

This association may be the reason for the NACC’s vague disclaimer at the end of its recent media release which stated:

'In order to avoid any possible perception of a conflict of interest, the Commissioner delegated the decision in this matter to a Deputy Commissioner.'

The NACC media release did not say which Deputy Commissioner made the decision nor if the Commissioner recused himself from the entirety of the Robodebt referral given his close association as Army Reserve top brass with Campbell and Brennan.

It is universally accepted that Australia’s legal system relies on the principle of open justice as expressed by Lord Chief Justice Gordon Hewart in R v Sussex Justices; ex parte Macarthy:

“It is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”

Robodebt victims are yet to see justice done but they will not see it from the NACC.

The NACC’s decision on Robodebt adds weight to original criticisms in 2022 that it is a toothless tiger and may also explain why it received bipartisan support at the time from Opposition Leader Peter Dutton, who agreed to the legislation just an hour after it was introduced to Parliament.

Only Crossbench Members and Senators offered any real resistance to the Bill as presented to Parliament by Dreyfus.

Morrison and Robodebt-responsible ministers deserve to lose their jobs

Scott Morrison and Stuart Robert presided over a gross policy failure that brutally harmed vulnerable Australians and cost the nation $1.2 billion in compensation. Yet they still have their jobs.

To add insult to injury, the NACC media release finished with the line:

'The Commission will not be making further comment.'

This statement directly contradicts Dreyfus’ claim that the Albanese Government will deliver on its commitment to restore integrity and accountability to government, upon the legislation of a 'powerful, transparent and independent National Anti-Corruption Commission'.

The NACC has stumbled badly at its first hurdle in failing to suitably act for Robodebt victims — it doesn’t appear to be “powerful” or “transparent”.

Robodebt victims long hoped the NACC would offer some form of justice for the illegal scheme and were buoyed by Commissioner Holmes’ “sealed section” referral in 2023.

However, Thursday’s NACC statement quashed those hopes definitively with this unequivocal declaration:

'An investigation by the Commission would not provide any individual remedy or redress for the recipients of government payments or their families who suffered due to the Robodebt Scheme.'

Robodebt victims must face a longer wait for justice to be served through other avenues — if it ever comes.

And Australians’ trust in the integrity of politicians and public servants must weather another crushing blow, which is the opposite of the outcome promised – to restore that trust – by the 2022 incoming Albanese Government.