A secret chapter of the robodebt royal commission report has finally been released, nearly three years after Catherine Holmes handed down her 900-page report into the unlawful income averaging scheme.
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Ms Holmes referred individuals to four different bodies in her 2023 report, advising that the chapter remain secret until any further investigations concluded.
Former attorney-general Mark Dreyfus was preparing to table the sealed section in October 2024, after the corruption commission ruled out investigations.
However a public uproar over the decision prompted an independent review, which found that anti-corruption commissioner Paul Brereton had made a "mistake of law" in relation to managing a perceived conflict of interest.
The corruption commission was forced to reconsider its initial decision and ultimately found it in the public interest to investigate. Mr Brereton was not involved in the subsequent investigation.
The identities of those referred to the National Anti-Corruption Commission were published on Wednesday, when the watchdog revealed it had found two former public servants engaged in corrupt conduct, but cleared four others.
The anti-corruption commission's report found Mark Withnell, a former general manager in the Department of Human Services, and Serena Wilson, a former Social Services deputy secretary, had engaged in serious corrupt conduct in relation to the robodebt scheme.
The corruption watchdog did not refer either of the former public servants to the Commonwealth Director of Public Prosecution, finding there was was insufficient admissible evidence to establish the alleged offences beyond reasonable doubt.
The former officials found not to have engaged in corrupt conduct included former prime minister Scott Morrison, former secretary Kathryn Campbell, and former senior public servants Catherine Halbert and Annette Musolino.
Mr Withnell was also revealed to be the witness who was referred to the Australian Federal Police for allegations of providing false testimony.
He was cleared in July 2024 after an investigation "did not identify sufficient admissible evidence to prove the alleged offender intended to mislead the royal commission".
Ms Musolino and former Social Services legal officer Anne Pulford were referred to the ACT Law Society, which has never commented on the referrals.
Eight public servants referred to agency heads
Ms Campbell was the only person to be referred to the Public Service Commission, but it ultimately launched inquiries into 16 current and former public servants after setting up a centralised response to the royal commission.
It found 12 public servants had breached the Public Service Code of Conduct in relation to robodebt, including Ms Campbell and former Department of Human Services secretary Renee Leon.
Former public service commissioner Gordon de Brouwer chose not to name any of the 10 others with findings against them, the majority of whom were in Senior Executive Service roles.
The sealed section also reveals eight public servants were referred to heads of agencies over allegations they breached their APS Code of Conduct.
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It is not known whether these individuals were investigated by the Public Service Commission, or whether findings were made against them.
Those referred to agency heads included Ms Musolino, Ms Pulford, Scott Britton, Russell de Burgh, Allyson Essex, Paul McBride, Emma-Kate McGuirk and Jason Ryman.
Attorney-General Michelle Rowland tabled the document in Parliament on Thursday, with the corruption watchdog's report concluding all ongoing investigations into those referred by the royal commission.
"In tabling this chapter I can confirm that individuals referred to the National Anti-Corruption Commission, Australian Public Service Commission and Australian Federal Police have had their matters dealt with," Ms Rowland said.
"It was important to allow for each of these processes and investigations to run their course."
Miriam Webber
Miriam Webber is a federal politics and public sector reporter, with an interest in integrity, transparency and accountability in government. She has been a member of the federal political bureau since 2023, and previously worked as the city reporter. Reach her on Signal at miriamwebber.01 or at miriam.webber@canberratimes.com.au
