Pezzullo sacked after inquiry into text messages

The inquiry investigated allegations that Mr Pezzullo:

• used his duty, power, status or authority to seek to gain a benefit or advantage for himself;
• engaged in gossip and disrespectful critique of ministers and public servants;
• failed to maintain confidentiality of sensitive government information;
• failed to act apolitically in his employment; and,
• failed to disclose a conflict of interest.

Ms Briggs recommended that Mr Pezzullo’s appointment as a secretary be terminated. Mr Albanese on Monday confirmed in a statement that the governor-general, acting on advice from the government’s executive council, had terminated Mr Pezzullo’s appointment.

“This action was based on a recommendation to me by the secretary of the Department of the Prime Minister and Cabinet and the Australian Public Service Commissioner, following an independent inquiry by Lynelle Briggs,” Mr Albanese said.

“That inquiry found breaches of the Australian Public Service code of conduct by Mr Pezzullo.”

Mr Albanese noted Mr Pezzullo had fully co-operated with the inquiry.

Mr Pezzullo declined to comment.

The department’s current acting secretary, Stephanie Foster, will continue in that role, pending a merit-based permanent appointment.

Known as a defence hawk, Mr Pezzullo emerged as one of the most powerful public servants after he persuaded the Turnbull government to bring together in one portfolio its domestic security and intelligence, public safety, border control and cyber functions.

Drums-of-war warnings

He joined the Defence Department in 1987 as a graduate and in 1993 became an adviser to then Labor foreign affairs minister Gareth Evans. He worked as deputy chief of staff to then-opposition leader Kim Beazley

After rejoining Defence in the early 2000s, he led the writing of the 2009 Defence white paper. He was widely criticised two years ago for his public drums-of-war warnings. That was before the Ukraine invasion and the Gaza conflict.

The Remuneration Tribunal on Friday issued a determination removing the right for secretaries to claim compensation after findings of certain breaches of the code of conduct.

These included the “improper use of the secretary’s duties, status, power or authority to gain a benefit or advantage (whether financial or otherwise) for themselves or any other person”.

Mr Pezzullo was continuing to receive his secretarial remuneration of $931,893 (inclusive of superannuation and long service leave). His term as secretary was due to expire next October and in the ordinary course of events he would have been entitled to compensation for early termination.

The remuneration tribunal said the determination applied to early findings of code of conduct breaches and claimed the determination was consistent with retrospective principles, though it applies to earlier conduct.

His termination without compensation comes as the government has committed to fix a loophole that enables public servants to avoid any sanctions from possible code of conduct breaches by simply resigning.

This follows former human services secretary Kathryn Campbell’s resignation after adverse findings by the robo-debt royal commission.

The Australian Public Service Commission said the Public Service Act restricted the disclosure of information about into possible breaches of the code of conduct. It said the Privacy Act 1988 also applied to the use and disclosure of personal information obtained during an inquiry.

“However, given the public nature of the allegations and the importance of upholding confidence in the Australian Public Service, it is in the public interest that the overarching breach findings and the recommended sanction are made available in this case,” the commission said.

Ms O’Neil said the termination showed the “profound respect” for the integrity of the public service.

“We value proper process, we value the integrity of the Australian public service - indeed we insist on it,” she said.

The Community and Public Sector Union national secretary Melissa Donnelly said Mr Pezzullo’s position was untenable.

“The termination of Michael Pezzullo as secretary of the Department of Home Affairs is an appropriate and necessary step,” Ms Donnelly said.

“Far too often we have seen every day public servants being held to a higher standard than their bosses.”