The federal corruption watchdog will investigate all six individuals referred to it by the robodebt royal commission, after an independent review overturned its decision not to act.
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The National Anti-Corruption Commission made the announcement on Tuesday, following advice from former justice of the High Court of Australia, Geoffrey Nettle.
"As a result of the decision made by its independent reconsideration delegate, Mr Geoffrey Nettle AC KC, on 10 February 2025, the commission will investigate the six referrals it received from the Royal Commission into the Robodebt Scheme," the commission said in its statement.
"The purpose of the investigation is to determine whether or not any of the six referred persons engaged in corrupt conduct."
The commission would not give the reason for recommencing investigations, but said Commissioner Paul Brereton would not be involved.
"The Commission is now making arrangements to ensure the impartial and fair investigation of the referrals, as it did with the appointment of Mr Nettle as independent reconsideration delegate."
"The Commissioner and those Deputy Commissioners who were involved in the original decision not to investigate the referrals, will not participate in the investigation."
Five of the six people referred are former public servants who were also investigated by the Public Service Commission, though their identities remain protected.
Attorney-General seeks further advice on release of the sealed section
The corruption watchdog's latest decision raises new questions about Attorney-General Mark Dreyfus' plans to release the names of all of those referred for further investigations, which have been withheld in the interest of facilitating procedural fairness and natural justice.
Mr Dreyfus had planned to table the chapter of the report containing referrals in Parliament in November 2024, but said at the time developments with the watchdog had delayed his decision.
A spokesperson for Mr Dreyfus said he still planned to release the chapter "at the first appropriate opportunity".
"The government will now write to the commission seeking advice on whether the release of the chapter will interfere in a NACC Act process."
Former government services minister Bill Shorten said the corruption watchdog's investigation was more important, but that the sealed section should be released at some stage.
"It's not my day job anymore, but as someone who campaigned for the class action and then for the royal commission, I think this will bring a measure of accountability for the people who were dragged through this gross breach of public administration."
Melissa Donnelly, the national secretary of the main public sector union, welcomed the move on behalf of members.
"For years, the architects of robodebt have walked away without consequence, while the people they harmed have been left to pick up the pieces, that is unacceptable," she said.
"This is an important moment in the ongoing push for accountability, and we continue to hope that it delivers the transparency, justice and accountability so many Australians have been waiting for."
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The decision comes eight months after the watchdog first announced there would be no public interest in corruption investigations into the six people, fuelling a wave of public outrage and more than 1200 complaints to the commission's independent Inspector, Gail Furness.
Ms Furness launched her own probe into the corruption watchdog and found that Commissioner Paul Brereton made a mistake of law by continuing to be comprehensively involved in deliberations after declaring a conflict of interest because of a "close association" with one of those referred.
The Inspector recommended an eminent independent person review the decision, to eliminate the risk of perceived bias, and the commission accepted in October 2024.
Mr Brereton has accepted the finding, though he has never agreed with it.
The watchdog now becomes the last body left deliberating referrals from the royal commission into the unlawful scheme.
Commissioner Catherine Holmes made referrals to the Australian Federal Police, ACT Law Society, and the Public Service Commission, alongside the newly established watchdog, when she handed down her report in 2023.
While the ACT Law Society has never commented on the matter, and the federal police dropped its investigation, the Public Service Commission found 12 current and former public servants had breached their obligations on 97 occasions.
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