On
Friday 7 July 2023 the Royal Commission into the Robodebt Scheme
tabled its final
report and recommendations.
Three
days later on Monday 10 July 2023, the Australian Public Service
Commission (APSC) posted online an open letter which was
reportedly emailed 170,000 federal public servants, "A
message to you from PM&C Secretary Davis and APS Commissioner de
Brouwer on the Royal Commission into the Robodebt Scheme",
which stated in part:
Following
the release of the report on Friday, a taskforce led by the
Department of the Prime Minister and Cabinet, the Attorney-General’s
Department, and the Australian Public Service Commission will be
established to support Ministers in preparing the Government’s
response.
Separate
to this, the APSC will oversee an independent process to determine if
public servants with adverse findings have breached the APS Code of
Conduct. This process will be established under the APS
Commissioner’s powers in the Public Service Act 1999. It is
designed to be fair, independent, and consistent.
The
APSC has engaged Mr Stephen Sedgwick AO to exercise these powers as
an Independent Reviewer. Mr Sedgwick will make inquiries and
determinations about whether an individual referred for inquiry has
breached the APSCode of Conduct.
On
3 August 2023 the APSC revealed that:
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.....
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.
On
8 February 2024 APS again updated its online information concerning
the review:
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:
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.
Elsewhere
on the APSC website it
was noted that:
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.
Based
on APSC's own statements it does not appear very likely that any of
the16 public servants identified by the Royal Commission will actually lose
their public service employment.
On
8 February 2024 media outlets gave pared down accounts of the
progress of this independent review. For example......
ABC
News,
8 February 2024:
Four
current or former public servants have breached the Australian Public
Service code of conduct in relation to the Robodebt scheme, according
to the preliminary findings of an independent investigation.
Last
year, the Australian Public Service Commission (APSC) launched an
investigation into 16 public servants who were identified by the
royal commission into the unlawful debt recovery program as being
involved in it.
The
royal commission said the scheme was an extraordinary saga of
"incompetence and cowardice" that was "neither fair,
nor legal".
It
recommended a number of people be referred for civil and criminal
prosecution.
The
findings form part of the ongoing APSC investigation into whether the
public servants in question breached their responsibilities as
described in the Code of Conduct.
The
Code of Conduct, which is enshrined in the Public Service Act,
requires public servants to act "honestly and with integrity".
It
requires they maintain confidentiality and use their power and inside
information appropriately.
It
also forbids them from providing "false and misleading
information" in the course of their work.
The
APSC has not disclosed which elements of the code the four
individuals are accused of breaching.
Breaching
the code is not an offence, but can carry sanctions or lead to
dismissal.
Another
11 individuals remain under investigation. One individual has been
cleared of breaching the code.
Former
Home Affairs secretary Mike Pezzullo was last year dismissed from his
role after an independent investigation found he had breached the
Code of Conduct on 14 occasions.....
BACKGROUND
Mediastatement on the inquiry into possible breaches of the APS Code ofConduct by Mr Michael Pezzullo AO
On
24 September 2023, the Australian Public Service Commissioner, Dr
Gordon de Brouwer, received a referral from the Minister for Home
Affairs, the Hon Clare O'Neil MP, after concerns were raised in the
media about the Secretary of the Department of Home Affairs, Mr
Michael Pezzullo AO.
In
accordance with the provisions of the Public Service Act 1999, the
Commissioner appointed Ms Lynelle Briggs AO to lead an independent
inquiry into these matters and report to the Prime Minister.
The
Inquiry was conducted under the provisions of the Public Service Act,
and consistent with the principles of procedural fairness.
Ms
Briggs determined that Mr Pezzullo breached the Australian Public
Service Code of Conduct on at least 14 occasions in relation to 5
overarching allegations, those allegations being that Mr Pezzullo:
engaged
in gossip and disrespectful critique of Ministers and public
servants,
failed
to maintain confidentiality of sensitive government information,
failed
to act apolitically in his employment,
failed
to disclose a conflict of interest.
By
way of sanction, Ms Briggs recommended that Mr Pezzullo’s
appointment as a Secretary be terminated pursuant to section 59 of
the Public Service Act.
Section
72A of the Public Service Act provides strict restrictions on the
disclosure of information obtained as part of an Inquiry into
possible breaches of the Code of Conduct. In addition, the Privacy
Act 1988 applies to the use and disclosure of personal information
obtained during an inquiry. However, given the public nature of the
allegations and the importance of upholding confidence in the
Australian Public Service, it is in the public interest that the
overarching breach findings and the recommended sanction are made
available in this case.
No
further information regarding the contents of the Inquiry will be
provided by the Australian Public Service Commission.
27
November 2023
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