Robodebt Code of Conduct process
The Royal Commission into the Robodebt Scheme’s report makes various findings about the conduct, roles and responsibilities of individual public servants involved in the Robodebt Scheme.
A centralised inquiry mechanism has been established to inquire into alleged breaches of the Code of Conduct by APS employees, former APS employees and Agency Heads arising from the Royal Commission.
The Public Service Act 1999 empowers the APS Commissioner to conduct inquiries into alleged breaches of the APS Code of Conduct by Agency Heads, APS employees, and former APS employees.
The establishment of this process under these powers is designed to ensure these alleged breaches are assessed in a robust, independent and fair manner.
Updates
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.