Renée Leon, former DHS secretary and now vice-chancellor of Charles Sturt University has defended her role in Robodebt and criticised the APSC investigation’s conclusion. Photo: File CSU.
Former Department of Human Services secretary Renée Leon has defended her role in Robodebt, saying she did all she could to stop the illegal scheme and is not happy with the adverse findings made against her in a government inquiry.
She issued a statement on LinkedIn on Friday (13 September), blasting the Australian Public Service Commission’s (APSC) decision and noting that the Royal Commission into the Robodebt Scheme did not refer her for investigation.
The royal commission only referred public servants to the APSC who were still employed by the APS, leaving it up to the commission itself, the head of the Department of Prime Minister and Cabinet, and the Public Service Minister to refer former employees.
The APSC’s investigation into 16 current and former public servants over their roles in Robodebt named only Ms Leon and Kathryn Campbell, another of the department’s former heads, as having breached the public service’s code of conduct.
The inquiry’s report said they failed in their obligations a total of 25 times in relation to the scheme’s rollout during their tenures at the department.
Twelve of the 16 people investigated were found to have breached the APS Code of Conduct a total of 97 times, but only the two former agency heads have been identified in the inquiry’s report.
Ms Leon lost her job for standing up to the Coalition over the scheme, but the APSC says it examined her entire role during the rollout of Robodebt and not just its end phase.
But Ms Leon stands by all her work and said her actions made sure the scheme was abandoned, despite it costing her her own job.
“Robodebt was a failed policy, developed without a proper legal basis, that caused enormous pain for some of Australia’s most vulnerable people. I regret the significant human toll of the program and remain proud to have played a key role in ending Robodebt,” she said.
“I am disappointed with the way the Australian Public Service Commission has come to its decision and I stand by the actions I took to get definitive legal advice and bring the Robodebt program to an end.
“Robodebt had already been in operation for two years when I became secretary of Human Services. When legal doubts were raised, I sought definitive advice from the solicitor-general.
“I acted as expeditiously as possible to convince a government that was wedded to the Robodebt scheme that it had to be ceased. When ministers delayed, I directed it be stopped. Two weeks later, my role as secretary was terminated by a government that did not welcome frank and fearless advice.
“I acted with integrity and in accordance with the standards of the public service I served for 30 years. I testified before the Robodebt royal commission, which found that I acted in good faith, and which did not refer me to the APSC or the National Anti-Corruption Commission or any other investigative process.
“I remain a strong believer in the importance of public service. Senior public servants play a vital role in improving and protecting the lives of Australians through sound policy development, efficient service delivery, and upholding the integrity and accountability of government operations. People who have blatantly done the wrong thing should be held to account.
“However, I believe the steps I took, under significant pressure, were consistent with the principles of public service to which I have unstintingly devoted my professional life.”
Former Department of Prime Minister and Cabinet secretary Martin Parkinson also took to LinkedIn to defend Ms Leon and express his dismay at the APSC’s decision.
“While I am not privy to the deliberations of the APSC on Robodebt, I am surprised and disappointed with the findings made against Ms Leon,” he said.
“In the two decades I have known Ms Leon I have never had any reason to doubt either her honesty or integrity.
“She has been a proud and conscientious public servant, always attempting to do what she believed was right.
“Moreover, I have no doubt that her decision to terminate Robodebt, having exhausted efforts to test its legality, played a very significant role in her subsequent termination by the Morrison government.”
Ms Leon is currently the vice-chancellor of Charles Sturt University, which also issued a statement in her defence.
But some other legal commentators and victims’ advocates have expressed support for the APSC’s decision, saying its conclusion was reached after examining all the evidence before it.
The APSC’s findings against Ms Leon are that she:
- Misrepresented to the Ombudsman in March 2019 that the department’s legal position regarding the use of income averaging under the scheme was ‘not uncertain’
- Failed in March 2019 to correct or qualify representations made to the Ombudsman of the department’s legal position on the use of income averaging under the scheme after receiving further legal advice
- Failed in mid-2019 to ensure that the Solicitor-General was expeditiously briefed and advice sought regarding the lawfulness of the scheme, and
- Failed to expeditiously inform her minister and relevant secretary colleague of the solicitor-general’s advice on the lawfulness of the scheme and cease the practice of income averaging under the scheme.
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