2024-10-30
The Inspector of the NACC has made the most damning findings against NACC Commissioner Brereton finding a comprehensive failure by him to deal with a clear conflict of interest in the Robodebt referral.
The fact the NACC’s most senior Commissioner allowed this to happen is another kick in the guts to the thousands of people whose lives were savaged by the Robodebt failure. They have been let down again this time by the new NACC.
The Inspector found that Commissioner Brereton repeatedly declared a conflict of interest with a person of interest in the investigation that he knew well. He then claimed to deal with the conflict by delegating decisions to a deputy but still remained in discussions about the matter.
The Inspector found this wasn’t enough, and that he should have completely removed himself from the Robodebt investigation. Instead he remained involved, he took part in discussions and was updated on the matter on his own request.
He even settled the minutes of meetings and wrote media releases about it. The Inspector concluded that a “fair-minded observer might reasonably apprehend that the NACC
Commissioner's involvement might have impinged on the impartiality of the decision-making of the delegated Deputy Commissioner”.
Thank goodness for this clarity from her. This rapid response by the NACC Inspector shows just how essential it was that the Greens insisted on her having the broadest possible oversight powers.
Given these findings by the Inspector it is hard to see how the NACC can survive and retain its credibility without immediate and unambiguous accountability. This is not about just revisiting the Robodebt decision, it is now about Commissioner Brereton’s future.