Legislation is set to be introduced this week giving the Australian Public Service Commissioner ‘unambiguous power’ to investigate former agency heads for alleged breaches of the APS Code of Conduct and make determinations.

It comes as the government moves to ensure accountability of former senior public service leaders involved in the Robodebt scandal after agreeing, or agreeing in principle, in November 2023 to all recommendations of the Royal Commission.

Public service minister Katy Gallagher says the new legislation clarifies that former agency heads can be held to account for breaches of the code of conduct while they were in charge.

The legislation will apply retrospectively, she says.

Senator Gallagher says it’s critical that investigations into individuals referred by the Commission are wound up as soon as possible.

“Maintaining public confidence in the vital institution that is the Australian Public Service,” she said in a statement on Tuesday.

“This legislation will ensure that senior public servants are clearly accountable for their actions as public service leaders, even after leaving their roles.” 

She described the failed automated debt recovery scheme as a shameful chapter of public administration.

“It pursued debt recovery against Australians who in many cases had no debt to pay. Where appropriate, those involved from the public service must be held to account. We want to make sure a scheme like this can never happen again,” she said.

Senator Gallagher says APS Commissioner Gordon de Brouwer is close to finalising investigations into former agency heads regarding their conduct in robodebt, but some have argued that alleged breaches can’t be investigated without express provisions in the Public Service Act.

The changes have therefore been expedited to clarify that former agency heads can be held to account for breaches of the Code of Conduct while they were an agency head, in the same manner as current and former APS employees, Senator Gallagher said.