Government to publish secret section of Robodebt report, but timing is uncertain

Written by: Michelle Grattan, Professorial Fellow, University of Canberra

Attorney-General Mark Dreyfus says the government plans to publish the secret section of the Robodebt royal commission report, although it is not clear when it will do so.

Dreyfus said in a Thursday statement this would be done for transparency and accountability “at the first appropriate opportunity”.

The timing will depend on advice from the “eminent person” who is to review the National Anti-Corruption Commission’s decision not to investigate six people referred to it by the royal commission. The six, among others, are named in the secret section.

The royal commission recommended this section not be released with the rest of the report to avoid prejudicing any civil action or criminal prosecution.

“With civil and criminal matters largely complete, the government had planned to table the additional chapter in the House of Representatives in the current sitting week,” Dreyfus said.

But then last week the Inspector of the NACC said the NACC’s decision not to investigate the six should be reopened, after finding Commissioner Paul Brereton, who heads the organisation, had not properly recused himself from the decision-making process. Brereton excused himself because of his acquaintance with one of the six, but was still heavily involved in the process, according to the Inspector.

The Inspector said an eminent person should be appointed by the NACC to look again at whether an investigation should be undertaken.

“The government will now seek advice from the NACC decision maker, once appointed, on whether the tabling of the confidential additional chapter would prejudice any current or future decision of the NACC, ” Dreyfus said.

There has been strong pressure, including from within the government, for the secret section to be put out.

Meanwhile Brereton’s conduct will be examined at a public hearing later this month of the parliament committee with oversight of the NACC.

There have been calls for Brereton’s resignation, with critics saying this is needed to preserve the reputation of the NACC, which has only been in operation a little over a year.

The deputy chair of the parliamentary committee, Independent MP Helen Haines, told The Conversation’s politics podcast ^[1]that the NACC had had a “disappointing start” with the Robodebt incident and the findings by the Inspector.