Renee Leon,a former human services department secretary who is now vice-chancellor of Charles Sturt University,appeared before the commission on Tuesday. She became secretary in October 2017,two years into the scheme’s operation.
Professor Leon said the briefing given upon her appointment did not raise any issues with the scheme and she was shocked when she received advice from the solicitor-general that the program was unlawful.
Because it was already established when she took the position,Leon expected any problems had been properly examined before the scheme was implemented.
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In her experience,rigorous processes within the public service were designed to stop an unlawful scheme from going ahead. This includes the secretary assuring the minister who in turn assured cabinet the policy risks had been considered and were lawful.
Former Liberal MP Michael Keenan,human services minister while Leon was secretary,told the commission that he trusted his department to provide him with the necessary legal advice.
He said he didn’t think he could access any advice given to cabinet about the proposal before he became a minister.