CPSU 'alarmed' by ACT govt appointment to bureaucracy

Ms Carmody was most recently a federal public servant at Services Australia, formerly known as the Department of Human Services.

She was called to give evidence before the robodebt royal commission in 2023, because she served in the department's legal team in 2017.

This included acting as chief counsel between January 9 and January 15, 2017, while Annette Musolino was on leave.

The CPSU has raised concerns, saying Ms Carmody was involved in "perpetuating this scheme".

The royal commission report did not criticise Ms Carmody's conduct.

An ACT government spokesperson has defended the appointment, saying, "The robodebt royal commission final report does not support the assertions of the CPSU."

During that week in January 2017, the department had been tasked with producing advice on the lawfulness of income averaging by acting secretary Barry Jackson.

Draft advice produced by acting general counsel Mark Gladman raised concerns that the arguments in favour of income averaging were weak, and that external advice should be sought from the Australian Government Solicitor (AGS).

Mr Gladman also gave evidence to the commission that he raised this in conversation with Ms Carmody.

Ms Carmody admitted before the commission on February 27, 2023, that an adaptation of that draft advice she prepared included "unconvincing" arguments in favour of income averaging.

The commission found that by January 10, the department was in a position to obtain external advice from AGS, but from around January 13, work on the matters had ceased.

The department did not seek the advice at the time, and the commission report stated this was likely due to directions from secretary Kathryn Campbell, who had returned from leave.

"The Commission finds that Ms Campbell instructed DHS officers to cease the process of responding to Mr Jackson's request for advice," it stated.

Ms Carmody told the commission information about the draft legal advice was handed over to Ms Musolino on January 16, when she returned from leave.

The report supported this, finding it "implausible that Ms Carmody did not fully brief Ms Musolino".

In a statement released on Friday, the CPSU condemned Ms Carmody's appointment to the role of deputy director general in the Chief Minister, Treasury and Economic Development Directorate.

"From the outset, our members raised the alarm over what they could see unfolding and our union mobilised to fight against robodebt at every turn," CPSU ACT regional secretary Maddy Northam said in a statement.

"To now expect CPSU members in the ACT Government to work with someone who was involved in perpetuating this scheme, in an industrial relations capacity, is shocking."

The union called on Chief Minister Andrew Barr to reconsider the appointment, but the ACT government says the decision is not in his hands.

"The deputy director general of CMTEDD is a hugely important role in implementing the government's industrial relations agenda," Ms Northam said.

"The CPSU is concerned that this appointment could have a detrimental impact on the ACT Government's relationship with the union movement and undermine the confidence of public servants when raising concerns with management."

The ACT government spokesperson said Ms Carmody's appointment was made by head of service Kathy Leigh.

"Ministers, including the Chief Minister, are not involved in public service recruitment," they said.

"A nationwide search was undertaken to recruit for this role, including a full merit based assessment and due diligence process.

"The robodebt royal commission final report does not support the assertions of the CPSU.

"When Ms Carmody commences in the role, she will look to actively engage with all key stakeholders."