Department of Social Services secretary Ray Griggs tells public servants to expect criticism about robodebt royal commission

In March, Mr Griggs wrote an all-staff email to public servants on the royal commission's final day of hearings. He would not comment on the hearings themselves, he wrote, but urged his staff to reflect.

"The work of this Department has never been more important as we see the pressures and stresses that everyday Australians have to deal with," Mr Griggs told staff.

"There will rightly be criticism of the Department in the months ahead.

"We need to reflect deeply both individually and collectively on what has happened. I believe the changes we have already made significantly reduce the chance of this sort of thing happening again."

Public servants at one of the agencies at the centre of the robodebt scandal were among those called as witnesses throughout the hearings, held between August 2022 and March this year, and some also had their names and correspondence published.

The scheme operated under the Coalition government between 2015 and 2019, and raised debts against social welfare recipients by comparing their reported fortnightly income with averaged annual pay data from the tax office.

Advice from the Solicitor-General, the Commonwealth's top legal adviser, found it unlawful in September 2019, but the royal commission heard from social welfare recipients and public servants who had flagged their concerns long before this.

The Commonwealth has since settled a class action lawsuit, paying more than $1.7 billion to about 430,000 people affected by the unlawful scheme.

Commissioner Catherine Holmes will present the final findings of the royal commission to Governor-General David Hurley on July 7. It will surface difficult questions for the Australian Public Service, about whether senior public servants involved in the scheme will keep their jobs. Mr Griggs did not work at the Department of Social Services during the robodebt scheme, he commenced his current position in July 2021.

Correspondence released under Freedom of Information to The Canberra Times revealed the agency boss wrote 11 all-staff emails on the topic throughout the duration of the royal commission. In his March 14 email, the week after the final hearings, he summarised the "cultural change journey" the department has been on.

He impressed the importance of curiosity, contestability, transparency and "having the citizen at the heart of our work", the importance of "courage and providing the right advice no matter how unwelcome", of collaboration, the department's legal function and how it must be integrated into policy and program work.

"I encourage you to talk to your supervisors and within your teams about how you can better focus on these elements of the culture that we need to keep building," he wrote.

In earlier emails, Mr Griggs prepared staff for the realities of the royal commission, including signalling and then confirming that the National Archives of Australia would order a disposals freeze on any digital or physical documentation that could be required in the probe.

"I do understand royal commissions and inquiries into the actions of public servants can be challenging for staff," he wrote on August 25, referring them to mental health supports if they were feeling distressed.

On November 3, the secretary informed staff "that several of our colleagues have been called, or will be called, as witnesses to appear before the Royal Commission to give evidence".

READ MORE:

"While the Royal Commission is following usual practice, giving evidence can be stressful and additional support may be needed for our colleagues who are required to appear," he wrote.

"Witness testimony will be tested through questioning by Counsel, which at times may seem quite robust, however, there is nothing out of the ordinary about this given that the Royal Commission is required to establish the facts in accordance with its Terms of Reference."

Mr Griggs wrote of the department's commitment to assisting the royal commission with its work.

The secretary also dedicated an email advising staff on draft legal advice on November 14, after the commission heard robodebt had continued despite draft legal advice from Clayton Utz in August 2018, which suggested it could be unlawful.

Mr Griggs wrote to public servants to reiterate that draft legal advice "allows for requirements, assumptions and priorities to be tested before an advice is finalised, and for frank and fearless discussion about appropriate responses to the position under the law".

Legal advice applies whether it is in final form or not, he added.

"This should not be a reason to avoid or delay seeking legal advice - to the contrary, early engagement with the Department's lawyers (either in-house or external) allows us to explore options and achieve better outcomes."

Mr Griggs advised staff he had asked the Chief Counsel to develop guidance on requesting, clarifying and finalising legal advice.

We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.