Beyond ‘quiet criticism’: Filling the gaps in government accountability post-Robodebt

Ruchira Abeyratna

The Robodebt Royal Commission Report, published in July 2023, was a sobering reminder of the dire consequences of ineffective government accountability. The Albanese Federal Government’s recent commitment to adopting all the recommendations of the Royal Commission, at least in principle, represents a potential step towards preventing future disastrous misadministration. However, healing the wounds inflicted by the Robodebt scheme requires more than political promises. It requires substantial reflection and discourse on how public institutions should operate to effectively hold the government accountable.

This article will posit that while the judiciary adequately scrutinised the government’s administration of Robodebt, its dispute-dependency meant that justice was far from immediate. Thus, non-judicial institutions must be adequately empowered to take proactive and rapid action when the government acts unlawfully or against the principles of good government. I advance two suggestions on how this can be achieved. Firstly, imposing a positive duty on the Ombudsman to act when it reasonably suspects unlawful or unprincipled governmental conduct. Secondly, bolstering the protection of non-judicial accountability institutions from governmental interference.