Robodebt Bill allows investigators to access IT systems

Attorney-General Mark Dreyfus announced the introduction of new legislation to Parliament on Thursday in which government agencies could be compelled to allow independent investigators access to their IT systems and devices. The Bill is designed to prevent a future scandal similar to the Robodebt scandal.

The Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024 attempts to grant Commonwealth Ombudsman investigators more powers to access agency documents and records, with the proposal making specific reference to ‘by remote means’.

“Legislation introduced today will help protect Australia against any repeat of the former Liberal Government’s illegal and immoral Robodebt scheme by ensuring Commonwealth agencies are subject to stronger and more rigorous scrutiny,” said Dreyfus in a press release. “The Report of the Robodebt Royal Commission made it clear that strong and effective oversight is necessary to safeguard the community in their dealings with government. Trust in government depends on this.”

The Bill implements the Australian Government’s response to Royal Commission recommendations 21.1 and 21.2 to ensure Commonwealth agencies are subject to stronger and more rigorous scrutiny.

The Royal Commission found that some officials and agencies engaged in behaviour designed to mislead the Ombudsman and impede their investigation into the Robodebt scheme.

Dreyfus said the Bill will ensure this can never happen again by:

• imposing a statutory duty on the public service to assist the Ombudsman in the performance of their functions
• ensuring the Ombudsman has strong powers to obtain full and direct access to records, including by establishing a new offence for withholding reasonable facilities and assistance from the Ombudsman.
   

The Bill also enhances the Ombudsman’s ability to undertake full, independent and transparent investigations. This includes modernising the Ombudsman’s information-gathering powers to enable remote access to agency records.

The Bill will also introduce equivalent enhanced duties and powers for the Inspector‑General of Taxation and Taxation Ombudsman (IGTO), in recognition of the IGTO’s role in providing community assurance that taxation laws are being administered with integrity.

These amendments are supported by a commitment of $2.3 million over four years from 2023–2024 and $700,000 ongoing. Dreyfus said this will provide additional capacity for the Office of the Commonwealth Ombudsman to handle complaints and undertake investigations of systemic issues, as part of the government’s response to the Robodebt Royal Commission.

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