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Robodebt concerns ‘dismissed or ignored’ by Coalition ministers, Commission finds

Former coalition ministers have been found to have dismissed or ignored key concerns about the unlawful robodebt scheme.

Jul 07, 2023, updated Jul 07, 2023
Former Minister Christian Porter. (Photo: AAP Image/Mick Tsikas)

Former Minister Christian Porter. (Photo: AAP Image/Mick Tsikas)

But it is not yet clear which – if any – ex-ministers will be referred for civil or criminal action or to the new national corruption watchdog.

Former prime ministers Malcolm Turnbull and Scott Morrison and eight ministers gave evidence at the royal commission into robodebt, receiving $2.55 million in legal costs from the taxpayer.

The commission’s 990-page report tabled in parliament on Friday included a sealed chapter, recommending the referral of individuals for civil action or criminal prosecution.

Parts of the report have also been referred to the Australian Public Service Commission, the NACC, the president of the Law Society of the ACT and the Australian Federal Police.

On the broad issue of the ministers’ approach, Commissioner Catherine Holmes wrote in her report that while welfare fraud was miniscule “that is not the impression one would get from what ministers responsible for social security payments have said over the years”.

“Anti-welfare rhetoric is easy populism,” she wrote.

“Those attitudes are set by politicians, who need to abandon for good (in every sense) the narrative of taxpayer versus welfare recipient.”

She found Mr Morrison had “allowed cabinet to be misled” about the legality of the scheme.

Former minister Christian Porter had misled the public about the rate of complaints, the fairness of the process and its lawfulness.

If he had promptly directed his department to provide him with advice on the legislative basis of the scheme in early 2017 “the probable result (is) that its unlawfulness would have been identified and the scheme ended”, the report said.

Ex-minister Stuart Robert was also found to have made misleading comments about the scheme

“Mr Robert … was going well beyond supporting government policy. He was making statements of fact as to the accuracy of debts, citing statistics which he knew could not be right,” the report said.

The inquiry found ministerial colleague Alan Tudge, who made repeated public comments about a “war on welfare rorting”, was aware the program was issuing inaccurate debt notices by January 2017.

He instituted a number of improvements, but was “not open to considering any significant alteration, or cessation, of processes underlying” the program’s fundamental features.

Prime Minister Anthony Albanese told reporters on Friday that while the former ministers who oversaw the scheme dismissed and ignored concerns about its operation and legality, it was appropriate the referrals remained secret for now.

“We are being as transparent as possible, but we need to make sure as well that you don’t prejudice action,” he said.

“People want action as a result of this and we will take the appropriate legal advice there as well.”

Mr Robert said in a statement that as the minister who “worked hard to get the legal advice and close down the income compliance scheme” he welcomed the report.

“I have not received a notice of inclusion in the ‘sealed section’ and I understand they have all gone out,” he said.

Mr Porter’s legal support totalled $795,053, while Mr Morrison, who held the social services portfolio in 2014-15, received $477,528.

Mr Turnbull was provided with $98,935.

Other former coalition ministers who also had their costs covered included Paul Fletcher ($120,772), Anne Ruston ($5626), Dan Tehan ($112,696), Marise Payne ($240,520), Michael Keenan ($518,064) and Mr Robert ($183,835).

Mr Tudge did not have any expenses approved.

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