This report presents the findings of an investigation into the National Anti-Corruption Commission's (NACC) decision not to investigate referrals from the Robodebt Royal Commission, in particular, a potential conflict of interest involving the Commissioner.

Although no intentional wrongdoing or other impropriety was found, the investigation found several areas of concern, including that the Commissioner's involvement in the decision-making process was extensive and could give the impression of bias. It also found that the NACC's media release contained a misleading statement. 

Following the inspector’s recommendation, the NACC will appoint an independent eminent person to reconsider NACC's decision not to investigate. 

Findings

• The initial refusal to investigate was affected by apprehended bias.
• The NACC commissioner should have removed himself from related decision-making processes and limited his exposure to the relevant factual information, but failed to do so. 
• The NACC commissioner engaged in officer misconduct (conduct that is not unlawful but arose from a mistake of law or fact).
• That public disappointment in the commission's decision, whilst regrettable, did not constitute a breach of public trust.