The head of the National Anti-Corruption Commission will be investigated for a second time over potential misconduct and conflicts of interest, compromising public confidence in the integrity watchdog that was established as a legacy reform of the Albanese government.
Labor minister Don Farrell on Monday said the government still backed NACC commissioner Paul Brereton despite a fresh inquiry into whether his ongoing provision of defence advice while in the role has amounted to agency maladministration or officer misconduct.
The investigation will focus on complaints that Brereton gave advice to the inspector-general of the defence force and took defence-related referrals without the full knowledge of the watchdog or the government. Before he was appointed the NACC’s inaugural leader, Brereton chaired the landmark inquiry into alleged war crimes committed by Australian troops in Afghanistan.
The NACC inspector, Gail Furness, told Senate estimates in December that she had received 90 complaints since the start of July about potential conflicts of interest involving Brereton and defence matters that had been referred to the commission.
Attorney-General Michelle Rowland wrote to Brereton last October, saying he had not adequately addressed the nature of his ongoing engagement and advice to the defence inspector-general in his declarations to the government.
“Public confidence in the commission is reliant on the commission being seen to effectively manage perceived or actual conflicts of interests and providing transparency, as far as appropriate, about these matters,” Rowland wrote.
The NACC subsequently announced that Brereton would step away from all defence-related corruption referrals, where he had previously recused himself on a case-by-case basis.
Brereton defended himself when the issue came up at Senate estimates in December, claiming he was being targeted by people who wanted to stymie criminal investigations into alleged war crimes committed by Australian soldiers. He refused to resign, saying he had given the defence inspector-general advice about the implementation of his war crimes report because of his unique knowledge.
“The only people who will benefit if I do not do this work are those who do not want my recommendations to be implemented,” Brereton said, as senators raised concerns that it would damage public confidence in the NACC’s integrity.
But Furness has since decided to investigate. Last Friday, she told the parliamentary body that oversees the NACC that she would consider whether the complaints about Brereton’s defence ties were examples of agency maladministration or officer misconduct.
Furness told estimates on Monday that she was looking at two matters. “The first is the involvement of the commissioner in referrals made about the department of defence, the Australian Defence Force, [the inspector-general] as well as ministers and other government departments where the commissioner had some knowledge from his prior or current involvement in defence,” she said.
“And the second matter is the ongoing engagement of the commissioner with the [inspector-general], including any disclosures made about that involvement.”
It is Furness’ second investigation into the commissioner’s conduct. In October 2024, Furness found that Brereton engaged in “officer misconduct” by failing to adequately manage a declared conflict of interest in relation to a past professional association with someone who referred to the NACC over the robo-debt scandal.
While Brereton disclosed the conflict, Furness said he should have withdrawn from the matter completely. The saga forced the NACC to appoint an outside expert to revisit its decision to not pursue further investigations into robo-debt officials.
When Former High Court judge Geoffrey Nettle was recruited to redo the review, he decided the NACC should start investigating the six people – a major reversal of the commission’s position. Nettle’s contract cost taxpayers $1.14 million, NACC’s chief executive Philip Reed revealed on Monday.
Despite the inquiries, Labor said Brereton retained the government’s confidence. Greens Senator David Shoebridge suggested during estimates that there was “enormous public disquiet about his failing to disclose his connections, and ongoing connections, with defence”.
“There’s now a second investigation about potential officer misconduct formally initiated by the inspector … Are you saying he [Brereton] still holds the full confidence of the government?” Shoebridge asked Farrell earlier on Monday.
“Yes,” the minister replied.
Furness suggested the public perception of the NACC risked being compromised. “There has been, expressed to me, a reduction in confidence of the commissioner in dealing with defence-related matters because of his not disclosing it to the CEO,” she said.
Reed, the NACC chief executive, said the commission would co-operate with Furness’ inquiry.
He denied mishandling the situation. “Whilst we’ve provided substantial amounts of documentation and information in response to the inspector’s preliminary inquiries, it’s now at a point where it’s a complaint investigation,” Reed said.
“We will respond to the inspector within the framework and the process of investigation which are mandated by the Act.”
Cut through the noise of federal politics with news, views and expert analysis. Subscribers can sign up to our weekly Inside Politics newsletter.
Natassia Chrysanthos is Federal Political Correspondent. She has previously reported on immigration, health, social issues and the NDIS from Parliament House in Canberra.Connect via X or email.