Public Service Commission reveals number of referrals made in the wake of robodebt royal commission report

It is the first time the commission has released information on the number of bureaucrats whose conduct will be scrutinised in relation to the rollout of the unlawful debt collecting scheme.

The referrals do not only comprise those named in a sealed section of Commissioner Catherine Holmes' 900-page report, released last month.

The royal commission report only referred current public servants for code of conduct investigations, as they can be subject to sanctions.

But the Public Service Commission has extended referrals to include former APS employees, current APS employees named in the robodebt report but not the sealed section, and former agency heads.

Current and former staff could be referred by agency heads, while agency head referrals could be made by Minister for the Public Service Katy Gallagher, with advice from Prime Minister and Cabinet secretary Glyn Davis.

The commission will not name those referred, citing a legal obligation not to do so, in order "to ensure procedural fairness and natural justice is respected".

"Recognising these obligations, and the significant public interest in this process, the APSC will provide updates as appropriate on the progress of the code of conduct process to ensure transparency in our response," the commission said in a statement on Thursday evening.

The individuals referred have all been notified by the Australian Public Service Commission, and no further referrals will be made.

The referrals do not automatically mean individuals will be investigated for breaching the APS Code of Conduct. A Code of Conduct Taskforce established within the commission will first consider whether there are sufficient grounds to commence such an investigation.

Former Public Service Commissioner Stephen Sedgwick will lead inquiries into possible breaches, supported by Department of Health deputy secretary Penny Shakespeare. As supplementary reviewer, Ms Shakespeare will make inquiries into the conduct of former agency heads.

The Public Service Commission's code of conduct inquiries can request or receive further information from the individuals being investigated, and individuals can respond to any allegations of suspected breaches. The commission did not provide any timeline for the process.

An independent sanctions advisor will also be appointed, to make recommendations to relevant agency heads about what actions should be taken if any APS staff are found to have breached the code.

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Sanctions include termination of employment, demotion, reassignment of duties, reduction in salary, fines and a reprimand.

Agency heads have already had the opportunity to make changes to the employment arrangements of public servants identified in the robodebt royal commission report.

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