In June 2020, the Greens and Labor called for a Royal Commission into Robodebt, to 'determine those responsible for the scheme, and its impact on Australians'.[2][3] These calls have been reiterated by university academics,[4] and by the Australian Council of Social Service (ACOSS), which stated that "although some restitution has been delivered to victims of Robodebt, they have not received justice".[5]
In May 2022, the final report from the second Senate inquiry into the Robodebt scheme recommended a Royal Commission, "to completely understand how the failures of the Income Compliance Program came to pass, and why they were allowed to continue for so long despite the dire impacts on people issued with debts".[6]
In June 2020 Labor had stated that only a Royal Commission would be able to obtain the truth about Robodebt.[7] Labor subsequently budgeted A$30 million in its election costings for the 2022 election for a Royal Commission into the Robodebt scheme.[8]ACOSS chief executive Cassandra Goldie welcomed this saying "The Robodebt affair was not just a maladministration scandal, it was a human tragedy that resulted in people taking their lives".[9]
The powers of Royal Commissions in Australia are set out in the enabling legislation, the Royal Commissions Act 1902 (Cth).
Royal Commissions have powers to issue a summons to a person to appear before the Commission at a hearing to give evidence or to produce documents specified in the summons; require witnesses to take an oath or give an affirmation; and require a person to deliver documents to the Commission at a specified place and time.[15] A person served with a summons or a notice to produce documents must comply with that requirement, or face prosecution for an offence. The penalty for conviction upon such an offence is a fine of A$1,000 or six months imprisonment.[16] A Royal Commission may authorise the Australian Federal Police to execute search warrants.[17]
Reports
The Royal Commissioner was initially required to provide a final report by 18 April 2023, however in February 2023, the reporting date was extended to 30 June 2023.[11][18] It was then extended for a second time with the new due date being 7 July 2023, to allow the commission to make referrals to the newly established National Anti-Corruption Commission, which became operational on 1 July 2023.[19]
Final report
The final report was released on 7 July 2023. It was three volumes and almost 1,000 pages long, and contained 57 recommendations for improved public policy design and a sealed section recommending the referral of individuals for civil and criminal prosecution.[20]
The report concluded that the robodebt scheme was "devised without regard to the social security law", and that the use of income averaging in estimating entitlements "was essentially unfair, treating many people as though they had received income at a time when they had not".[20] It found that public servants at the DHS were aware that the scheme would involve income averaging, but mislead cabinet in neglecting to inform them, and that the former head of the DHS Kathryn Campbell was made aware of the scheme's illegality but "failed to act" by ignoring legal advice. It also criticised former social services minister Scott Morrison, finding that he had "allowed cabinet to be misled" by not investigating the change in position by the DHS on robodebt's requirement for legislative change.[21][22]
The report also criticised the government's "obliviousness to, or worse a callous disregard, of the fact that many welfare recipients had neither the means nor the ability to negotiate an online system" to provide evidence of years old income information in disputing debts. It described the scheme as "crude and cruel mechanism" that "made many people feel like criminals."[20] It additionally criticised former government services minister Stuart Robert for publicly using false figures to defend robodebt, and what it described as former human service's minister Alan Tudge's "abuse of power" in leaking social security recipient's information to the media.[22]
Holmes' preface to the report summarises the 57 recommendations: "Some are directed at strengthening the public service more broadly, some to improving the processes of the Department of Social Services and Services Australia. Others are concerned with reinforcing the capability of oversight agencies." Holmes noted however that the effectiveness of the suggested changes hinged on the top-down culture and robustness of the Australian Public Service, and improvements in political rhetoric and social attitudes regarding people receiving welfare payments.[23][24]
Referrals
The report contains a "sealed" section which was not publicly released, which "recommends the referral of individuals for civil action or criminal prosecution". This section was sealed so as not to prejudice any civil or criminal proceedings that may arise.[1] Several individuals were referred to four separate bodies. Although the Commissioner did not name them, the ABC reported them as the Australian Federal Police, the newly-established National Anti-Corruption Commission, a division of the Law Society, and the Australian Public Service Commissioner.[25]
In August 2023, the Australian Public Service Commissioner announced that the Royal Commission had referred 16 bureaucrats for investigation of whether their Robodebt actions had breached the public service Code of Conduct.[26]
Aftermath
In the aftermath of the final report, Kathryn Campbell, secretary of the Department of Human Services from 2011 to 2017, was suspended without pay from her position as a special adviser on the AUKUS nuclear submarine project, a position with a $900,000 salary.[27] Additionally, a PwC consultant who testified to the Royal Commission was fired in the hours after the final report was released.[28]
to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)
1906–1910
on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)
1911–1920
1911–1912
on the sugar industry (1911–1912)
on the pearl-shelling industry (1912–1916)
on the fruit industry (1912–1914)
1913–1914
to inquire into certain charges against Mr. Henry Chinn (1913)
on Northern Territory railways and ports (1913–1914)
on powellised timber (1913–1914)
upon the Commonwealth electoral law and administration (1914–1915)
on meat export trade (1914)
on food supplies and trade and industry during the war (1914)
1915–1916
on mail services and trade development between Australia and the New Hebrides (1915)
on Liverpool Military Camp, New South Wales (1915)
on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916)
to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916)
on Federal Capital Administration (1916–1917)
1917–1918
on Java and the East Indies, Singapore and the Straits Settlements (1917–1918)
on Navy and Defence Administration (1917–1919)
on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918)
on Public Service administration, Commonwealth of Australia (1918–1920)
upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921)
on taxation of leasehold estates in Crown lands (1918–1919)
on the basic wage (1919–1920)
1919–1920
on the sugar industry (1919–1920)
on industrial troubles on Melbourne wharfs (1919–1920)
on late German New Guinea (1919–1920)
to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919)
on Northern Territory Administration (1919–1920)
on taxation (1920–1923)
on the increase of the selling price of coal (1920)
upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924
on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923)
in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924)
in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924)
on the method for determining the unimproved value of land held under Crown leases (1924–1925)
on the assessment of war service disabilities (1924–1925)
to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925)
on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926
on health (1925–1926)
on Norfolk Island affairs (1926)
on certain matters in connexion with the British Phosphate Commission (1926)
to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)
1931–1940
1931–1935
on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)
1936–1940
on doctors' remuneration for national insurance service and other contract practice (1938)
to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)
1951–1960
on the Port Augusta to Alice Springs Railway (1951–1952)
on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)
