Updated ,first published
Australia’s anti-corruption watchdog has been thrown into turmoil after the resignation of its founding commissioner, ending a contentious opening chapter for the integrity body before a looming review of its performance.
Paul Brereton, the former army major general, judge and inaugural National Anti-Corruption Commission commissioner, said the “ongoing focus on matters relating to me personally” was drawing attention away from the commission’s core purpose. He will leave the role on July 6, exactly three years after taking office.
Brereton, who previously sat on the NSW Court of Appeal, said in a statement that sustained focus on issues marked by scrutiny over his handling of high-profile referrals had become a distraction.
A source said a report into a second alleged potential conflict while in the role, over Brereton’s handling of an officer misconduct inquiry, had been handed over in recent days. They said he had been made aware of its findings.
“While I will continue to resist any suggestion of impropriety, I have decided that it is time, now that the commission is established and functioning with quality staff and good processes, to step aside and allow a new commissioner to lead it into the next phase of its development into a key and respected component of the integrity architecture of the Commonwealth,” Brereton said.
The commission confirmed Brereton would still appear before Senate estimates on Tuesday, where he is expected to face fierce questioning.
His departure comes before a statutory review of the NACC due in 2027 and after a difficult opening period for the body, which was established to restore public trust in federal government decision-making.
The commission drew heavy criticism over its handling of referrals connected to the illegal robo-debt scheme after initially deciding not to investigate despite receiving more than 1000 complaints.
Brereton also faced scrutiny over consulting work undertaken for the inspector-general of the Australian Defence Force while serving as commissioner, linked to his earlier role leading an inquiry into alleged war crimes involving Australian troops in Afghanistan.
In October 2024, NACC inspector Gail Furness found Brereton’s work had been “affected by apprehended bias” in matters connected to commission referrals and should have removed himself from decision-making and limited his exposure to factual material. The inspector made no finding of intentional wrongdoing or impropriety.
Deputy commissioner Nicole Rose announced she was leaving earlier this month. She is moving overseas and will finish in the coming weeks before taking a period of leave.
In announcing his resignation, Brereton argued the commission had matured beyond any one individual and pointed to progress made since its creation, including assessing more than 92 per cent of 7624 referrals and conducting investigations across law enforcement agencies, Commonwealth departments and government business enterprises.
Thirty-four investigations remain underway involving former and current parliamentarians, staff, senior public servants, contractors, consultants and a grants scheme.
Attorney-General Michelle Rowland thanked Brereton for his service and said he had made “an invaluable contribution” to establishing the watchdog.
She said the government would now begin a merit-based process to appoint a new commissioner.
Centre for Public Integrity chairman Anthony Whealy said public confidence in the organisation had been tested by ongoing concerns about conflicts of interest, transparency and governance.
He said the controversies surrounding Brereton, including findings of apprehended bias and ongoing investigations into the handling of conflicts of interest, had reinforced why strong institutional safeguards matter so deeply to public trust.
“We can’t trust the government to choose their own watchdogs,” he said.
“There are now two vacancies in the NACC that must be filled following an independent, transparent merit-based appointments process, to restore public trust in that institution. Parliament’s oversight role in the process needs to be properly respected. Ideally, we would see legislated reforms to ensure these things.”
Helen Haines, the independent MP who chairs the parliamentary oversight committee into the commission, said the public had very high expectations when it was established.
“It’s time now for a reset,” she said, calling for more transparency into the appointment of commissioners. “We’ve had a few years to learn from how the legislation has played out, and I’ve identified a couple of areas where I think we can.”
Greens justice spokesman David Shoebridge, a fierce critic of Brereton, said his resignation was the “right outcome towards rebuilding trust in the commission”.
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Rob Harris is the national correspondent for The Sydney Morning Herald and The Age based in Canberra. He is a former Europe correspondent.Connect via email.