Kathryn Campbell among 12 public servants found to have breached the code of conduct over robodebt

Twelve public servants, including former department heads Kathryn Campbell and Renée Leon, have been found to have breached their code of conduct 97 times during the unlawful robodebt scheme.

A report by the Australian Public Service Commission’s robodebt taskforce, released on Friday, found the scheme was a “failure of government” and detailed the breaches of former and current bureaucrats.

Sixteen public servants had initially been referred in the wake of the royal commission into the Coalition-era scheme, which issued automated debts to social security recipients based on unlawful income averaging calculations.

Six findings were made against Ms Campbell, who was secretary of the Department of Human Services from 2011 to 2017.

She was found to have breached the code of conduct 12 times, including for failing to “sufficiently respond to public criticism”, and having “created and allowed a culture” that kept issues from being considered.

The inquiry did not find Ms Campbell had misled the cabinet, and further said claims Ms Campbell had directed the preparation of legal advice cease were unsubstantiated.

Four findings were made against Ms Leon, who took over from Ms Campbell in 2020, including 13 breaches of the code of conduct.

The inquiry found she had failed to “expeditiously” inform her minister and colleagues of the solicitor-general’s advice on the lawfulness of the scheme, and had failed to stop the income averaging practice.

In a statement, Ms Leon, who is Vice-Chancellor at Charles Sturt University, said she was “disappointed” with the decision, and that she stood by the actions she took to “bring the robodebt program to an end”.

“Robodebt had already been in operation for two years when I became secretary... 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 program that it had to be ceased,” she said.

“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 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.”

Chancellor Michele Allan said the university fully supported Ms Leon.

Neither Ms Leon nor Ms Campbell will face sanctions as they no longer work for the public service, but if they seek to become a contractor in the next five years, they will need to declare the findings.

The other 10 unnamed public servants, including four who still work within the APS, breached the code on 72 occasions for a lack of care and diligence, and lack of integrity in performing duties, as well as instances of misleading others and failing to uphold values.

Sanctions have been recommended for the four current public servants, including reprimands, fines and demotions.

Commissioner Gordon de Brouwer also apologised again for the role of the public service in robodebt, and for the “damage (it) caused people and their families, and the suffering they endured as a result”.