The legislation increases scrutiny and enhances the powers of the Ombudsman
The federal government has introduced new legislation to prevent a repeat of the “Robodebt” scheme, ensuring stronger oversight and accountability for Commonwealth agencies.
The Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024 increases scrutiny on government agencies and enhances the powers of the Commonwealth Ombudsman.
The reforms follow findings from the Robodebt Royal Commission, which revealed that some officials and agencies misled the Ombudsman and obstructed its investigation into the scheme. Robodebt, which unlawfully used automated debt collection against welfare recipients, led to widespread financial and psychological harm.
The new legislation establishes a statutory duty requiring agency heads and public servants to assist the Ombudsman in its investigations. It also strengthens the Ombudsman’s access to government records by creating a new offence for failing to provide reasonable facilities and assistance. To further improve transparency, the legislation modernises the Ombudsman’s information-gathering powers, enabling remote access to agency records to facilitate independent and transparent investigations.
To support these reforms, the government has committed $2.3m over four years from 2023-2024 and $700,000 annually to assist the Office of the Commonwealth Ombudsman in handling complaints and investigating systemic issues.
The passage of this bill forms part of a broader effort to restore public trust in government. In addition to this legislation, the government has introduced several other initiatives aimed at strengthening integrity and accountability. These include the establishment of a National Anti-Corruption Commission, the creation of the Administrative Review Tribunal to replace the Administrative Appeals Tribunal, and the enhancement of whistleblower protections for public sector employees. The government has also strengthened the ministerial Code of Conduct, launched an APS Integrity Taskforce to promote ethical conduct in the public service, and developed a National Action Plan under the Open Government Partnership to improve transparency.
The government has emphasized that independent oversight is essential to preventing future misconduct. By imposing legal obligations on agencies and public servants, the new legislation ensures full cooperation with the Ombudsman and prevents the withholding of critical information.
In a statement, a government spokesperson said these reforms are designed to ensure the mistakes of the past are not repeated. The changes are expected to improve accountability, enhance transparency, and strengthen protections for Australians against unlawful government actions.
