Minister for Finance, Minister for Women, Minister for the Public Service
The Government is taking decisive action to ensure accountability of former senior public service leaders following the Robodebt Royal Commission.
The APS Commissioner was close to finalising investigations into former agency heads regarding their conduct on Robodebt. However, before the investigations could be concluded, some former agency heads argued that alleged breaches of the Code of Conduct by former Agency Heads could not be investigated in the absence of express provisions in the Public Service Act 1999.
To ensure full accountability for the Robodebt Scheme, legislation to be introduced this week provides an express power for the Australian Public Service Commissioner to investigate former agency heads for alleged breaches of the APS Code of Conduct and make determinations.
These changes have been expedited to clarify that former agency heads can be held to account for breaches of the Code of Conduct while they were an Agency Head, in the same manner as current and former APS employees.
Agency Heads are bound by the Code of Conduct and should be accountable for their behaviour. The amendments to the Public Service Act 1999 will apply to the conduct of former Agency Heads before commencement of the reforms.
The Minister for the Public Service, Senator the Hon Katy Gallagher said it is critical that these investigations into individuals referred by the Robodebt Royal Commission can be concluded as soon as possible.
"The Commissioner's powers are essential to upholding this standard and maintaining public confidence in the vital institution that is the Australian Public Service," said Minister Gallagher.
"This legislation will ensure that senior public servants are clearly accountable for their actions as public service leaders, even after leaving their roles."
"The Robodebt Scheme was a shameful chapter of public administration. It pursued debt recovery against Australians who in many cases had no debt to pay. Where appropriate, those involved from the public service must be held to account. We want to make sure a scheme like this can never happen again."
In November 2023 the Government agreed, or agreed in principle, to all 56 recommendations of the Royal Commission. If passed, the legislation will give the APS Commissioner unambiguous power to make determinations and finalise the matters in his remit.
