Two former public servants have been found guilty of serious corrupt conduct by the National Anti-Corruption Commission (Nacc) in relation to the unlawful robodebt scheme, while former prime minister Scott Morrison has been cleared. The findings, released on Wednesday, stem from referrals made by the robodebt royal commission in 2023.
The Nacc investigation examined the actions of five former public servants and Morrison concerning the development, approval, and implementation of the scheme in 2015, 2017, and 2018. The watchdog initially declined to investigate but proceeded after its oversight body found the decision was affected by apprehended bias.
Mark Withnell, a former human services department official, was found to have intentionally misled Department of Social Services officers during a 2015 cabinet submission, knowing that automatic default averaging would be key to the robodebt process. Serena Wilson, a former social services deputy secretary, was found to have misled the Commonwealth Ombudsman during a 2017 investigation. The Nacc did not recommend prosecution due to insufficient evidence.
Morrison, along with Kathryn Campbell, Annette Musolino, and Catherine Halbert, were cleared of any corrupt conduct. The report found Morrison's failure to detect misleading advice was due to departments not advising him that new laws were required, and he did not act dishonestly or in bad faith.
Attorney General Michelle Rowland thanked the Nacc and said the government would move to table the previously sealed chapter of the royal commission report.
