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AAP
AAP
Politics
Andrew Brown

Former public service heads set for misconduct probe

Public service heads should not be able to escape scrutiny by resigning, minister Bill Shorten says. (Mick Tsikas/AAP PHOTOS)

Former senior public servants will soon be able to be investigated by the sector's watchdog for misconduct during their time in the role.

Laws allowing the Australian Public Service Commission to probe former agency leaders for breaching the public service code of conduct passed the House of Representatives on Tuesday.

The laws were brought forward following concern senior officials in charge of the unlawful robodebt scheme would not be able to be properly investigated.

The changes would bring further checks and balances for senior officials, Government Services Minister Bill Shorten said.

"Agency heads should not be able to escape accountability for breaching the code of conduct simply by leaving their role," he told parliament on Tuesday.

"The APS code of conduct is a cornerstone of an efficient, effective and apolitical Australian Public Service, which upholds APS values, and acts of integrity in the national interest is set from the top down."

Between 2015 and 2019, the botched robodebt scheme set up by the coalition government automatically used tax office data to calculate average earnings and issue debt notices.

Robodebt recovered more than $750 million from almost 400,000 people, with many welfare recipients falsely accused of owing the government money, and was linked to several suicides.

The National Anti-Corruption Commission announced in June it would not launch investigations into officials connected with robodebt, saying they had already been examined through a royal commission.

The laws will also allow for agency heads who resign or retire during investigations into their conduct to be held accountable for their actions.

"This bill delivers on what the Australian community deserve and expect, clear powers to ensure that the most senior leaders of our public service are accountable for their conduct as agency heads," Mr Shorten said.

Debate on the laws will now move to the Senate.

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