The National Anti-Corruption Commission’s (Nacc) decision not to launch a corruption probe into robodebt is now being investigated by its own watchdog for alleged maladministration or misconduct.
The office of the Nacc inspector, Gail Furness, announced on Thursday she is investigating the controversial decision, which had already been the subject of 900 complaints when she promised in June to inquire into the matter.
In June the Nacc declared it would not pursue an investigation into six individuals referred by the robodebt royal commission, due to separate public service investigations being carried out into five of them.
On Thursday the office of the inspector said she is conducting an “investigation under section 184(1)(e) of the [Nacc] Act”, which specifies that her role is “to investigate complaints of agency maladministration or officer misconduct”.
Agency maladministration can include: unlawful conduct; or lawful conduct that is corrupt, unreasonable, unjust, oppressive or improperly discriminatory, or arises from improper motives.
“Between June and August 2024, the [Nacc] provided the inspector with documents the inspector had requested,” the office of the inspector said in a statement.
“On 3 September 2024, the inspector asked the [Nacc] to provide submissions on a range of specified matters.”
The Nacc “has advised that it anticipates that it will provide those submissions by 21 October 2024”.
Furness committed to prepare a report into the matter when she completes her investigation, which she has the power to make public.
The Nacc commissioner, Paul Brereton, delegated the decision not to pursue an investigation into robodebt to a deputy commissioner “to avoid any possible perception of a conflict of interest”.
In August Guardian Australia revealed this was due to a “close association” relating to Brereton’s service in the army reserve.
Earlier in September the Australian Public Service Commission concluded that 12 public servants, including former department heads Kathryn Campbell and Renée Leon, breached the code of conduct 97 times during their involvement in the robodebt program.
On Monday lawyers of the victims of the robodebt scandal launched a bid to appeal against the $1.8bn settlement with the commonwealth on the basis of “damning new evidence” and claims senior public servants who administered the scheme engaged in “misfeasance in public office”.
In her June 2023 report the robodebt royal commissioner, Catherine Holmes, described robodebt as “neither fair nor legal”, referring individuals to agencies for civil and criminal actions for the “costly failure of public administration”.
