The nacc has found that two former public servants engaged in serious corrupt conduct in the robodebt scheme while clearing former prime minister Scott Morrison of corrupt conduct, a report released after a sealed royal commission chapter was examined makes clear.
What If the sealed chapter is tabled?
The sealed chapter stems from six referrals made by royal commissioner Catherine Holmes in 2023. The attorney-general has said the federal government will move to table that previously sealed chapter, bringing material that was restricted from public view into parliamentary scrutiny. The decision to table the chapter is an inflection point: it will allow parliamentary debate on the National Anti-Corruption Commission’s investigation and the decisions that led to the referrals.
What Happens When Nacc’s findings are published?
The National Anti-Corruption Commission’s inquiry examined six people referred by the royal commission and reached mixed findings. Two former public servants were found to have engaged in serious corrupt conduct: a former human services department official named Mark Withnell was found to have intentionally misled Department of Social Services officers during preparation of a cabinet submission in 2015, and former social services deputy secretary Serena Wilson was found to have intentionally misled the Commonwealth Ombudsman during an investigation in 2017.
The commission cleared four others of corrupt conduct: former prime minister Scott Morrison, Kathryn Campbell, Annette Musolino and Catherine Halbert. The report concluded that Mr Morrison’s failure to detect misleading advice resulted from shortcomings by the social services and human services departments, which did not advise him and other ministers that new laws were required.
The Nacc’s deputy commissioner Kylie Kilgour said publishing the report “provides transparency as to how those conclusions were reached. ” The inquiry was launched after an independent reviewer recommended investigation; the Nacc’s formal probe began in February 2025. The commission did not make recommendations in its final report. The watchdog initially chose not to investigate the referrals before that decision was overruled following findings by an inspector that the commission head had engaged in misconduct related to ties with one of the officials under scrutiny.
- Referrals: Six were examined, made by Catherine Holmes in 2023.
- Findings: Two individuals named were found to have engaged in serious corrupt conduct; four were cleared.
- Process notes: The investigation began after an independent review; an inspector later found procedural misconduct by the commission head.
What Should Parliament and Officials Do Next?
With the sealed chapter set to be tabled and the Nacc findings public, the immediate expectation signalled by the attorney-general is formal parliamentary consideration of material previously restricted from view. Officials and parliamentarians will face scrutiny over departmental advice, ministerial briefings and the decision-making that enabled the unlawful income averaging scheme. The government has committed to releasing the sealed section after the investigation, which means the public will soon see material central to the royal commission’s referrals and the commission’s determinations. Readers should anticipate further official steps already signalled by the attorney-general and track how those actions interact with the Nacc
