A public service tradition of reward and punishment may have led senior officers to remain quiet in regards to the illegal robodebt scheme, a royal fee has been informed.
When issues with the scheme had been revealed, former minister Stuart Robert needed to “double down” somewhat than apologise and proper the error, the listening to was informed.
Renee Leon, a former human companies division secretary who’s now vice-chancellor of Charles Sturt University, appeared earlier than the fee on Tuesday. She grew to become secretary in October 2017, two years into the scheme’s operation.
Professor Leon mentioned the briefing given upon her appointment didn’t elevate any points with the scheme and he or she was shocked when she obtained recommendation from the solicitor-general that this system was illegal.
Because it was already established when she took the place, Prof Leon anticipated any issues had been correctly examined earlier than it was carried out.
In her expertise, rigorous processes throughout the public service had been designed to cease an illegal scheme from going forward. This consists of the secretary assuring the minister who in flip assured cupboard all coverage dangers had been thought-about and had been lawful.
Former Liberal MP Michael Keenan, human companies minister whereas Prof Leon was secretary, informed the fee he trusted his division to supply him with the required authorized recommendation.
He mentioned he did not assume he may entry any recommendation given to cupboard in regards to the proposal earlier than he grew to become a minister.
Commissioner Catherine Holmes mentioned had Mr Keenan regarded on the recommendation, he would have seen it did not embody a authorized opinion about earnings averaging used to calculate the money owed.
Mr Keenan mentioned he didn’t give any weight to media experiences all through 2018 elevating issues with the scheme as a result of he trusted his division.
“I had very firm views about the ability of my department to advise me correctly,” he mentioned.
“I had great faith in their ability to do that and that was the basis on which I formed my views about the legality of the program.”
He was additionally unaware debt collectors informed robodebt victims they confronted curiosity fees or journey bans if they didn’t pay up.
When this system was found to be illegal, Prof Leon suggested Mr Robert that the division ought to apologise to prospects, admit the error and inform the general public of steps to appropriate it.
She remembered Mr Robert replied: “We absolutely will not be doing that. We will double down.”
Prof Leon mentioned some ministers prompt ending the robodebt program whereas not repaying money owed or telling anybody except individuals appealed however she felt this was inconsistent with authorized obligations.
Asked what may have led to the scheme persevering with for thus lengthy, Prof Leon mentioned it was attainable senior officers requested themselves the improper questions on its lawfulness.
But she additionally raised the chance individuals may have doubted the legality however had been reluctant to withdraw such a well-liked proposal that had promised to boost billions of {dollars}.
“I hope that’s not the case, because the public service ought to have some red lines and lawfulness is one of them,” she mentioned.
Prof Leon mentioned, in her expertise, former coalition ministers would cease chatting with secretaries and refuse to take care of them in the event that they introduced “unhelpful” recommendation, whereas officers “responsive” to their coverage agenda can be “rewarded”.
“It wasn’t popular to give advice to the (former) government that what they were trying to do was wrong,” she mentioned.
Prof Leon mentioned the rewards included promotions to high-profile authorities departmental roles.
She believed her willpower to supply “frank and fearless” recommendation to former coalition authorities ministers contributed to her employment being terminated in 2019.
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Source: www.perthnow.com.au
