The outgoing commissioner of Australia’s anti-corruption watchdog was provided a draft report of a probe into allegations of a conflict of interest more than two months before he sensationally quit, a Senate estimates hearing has been told.
Paul Brereton resigned as commissioner of the National Anti-Corruption Commission on Monday.
The former Major-General told an estimates hearing on Tuesday his decision to step aside was due to continued interest in his ties to the Australian Defence Force, including ongoing involvement with the Inspector-General of the Australian Defence Force (IGADF) and its probe into the conduct of special forces operatives in Afghanistan.
“Every time the chief executive officer comes up here, he has to answer questions about me,” he said.
“The press attention is focused on me and my interests … that has become a distraction.
“And, that is basically why I have decided that it is in the interests of the organization that I remove that distraction.”
Asked about a report by NACC Inspector Gail Furness into the commission’s decision not to investigate referrals from the Robodebt royal commission, which found Mr Brereton did not properly deal with a declared conflict of interest, the outgoing commissioner said the finding me the “definition of officer misconduct”.
“Given the very wide definition that any error of fact or any error of law amounts to officer misconduct,” he added.
“We now have a commission in which staff are terrified of making any mistake of fact or law, because they fear they will be visited with a finding of officer misconduct.”
He continued: “Had I not been involved in the Robodebt matter at all from the outset, we would have set up a very similar, if not identical structure to conduct. “
Mr Brereton, in a statement, said he would “continue to resist any suggestion of impropriety”.
He told the hearing he was provided a draft report of Ms Furness’ investigation – which was usual practise – in March, but said it would be inappropriate to infer it made any adverse findings.
“It would be totally inappropriate to speculate about the contents of any draft report pending a procedural fairness process,” he said.
Mr Brereton told the hearing he “accepted from the outset” given his ties to defence that there would be conflicts, which would have to be managed.
“And, they were managed by me stepping aside in matters where persons who i knew through defence had an interest,” he said.
Striking a defiant tone, he said he had “disclosed to all statutory officers” his ongoing ties to the ADF.
“Beyond that, he (CEO Philip Reed) had no need to know exactly what I was doing for the ADF, for those less than 30 hours over three years” he spent working with the IGDAF, he said.
Mr Brereton continued: “Nor do they need to know whether I go to church on a Sunday or, if so, what church I go to, or whether when I play cricket or rugby on a Saturday and which brand of rugby it might be.”
Mr Brereton said he had had to spend “an undue amount of time” defending himself.
“More importantly than that, the commission has had to spend an undue share of its time in defending me, and that is preventing both of us from doing our work, regardless of the particular nature of the allegations,” he said.
Mr Brereton faced intense scrutiny from Greens Senator and Canberra Senator David Pocock.
“It seems to me, in your final appearance, there’s just absolutely no ownership of any of the stumbles and things that have happened in the establishment of the NACC, and I find that very disappointing from from a leader of your stature,” Senator Pocock said.
“Well, you’re entitled to your opinion,” Mr Brereton replied.
Earlier, he denied receiving any indication from the government that they had lost confidence in him.
“I accept that I have in some way contributed to this outcome, but I do not accept that my standards have in any way fallen below an appropriate standard,” he said.
Earlier, Mr Brereton refused to immediately tenure a copy of his resignation letter to the Governor-General, stating he wanted to “check whether it contains personal information that should not be disclosed”.
Controversial tenure
In a statement, Attorney-General Michelle Rowland on Monday thanked Mr Brereton for his service.
“Commissioner Brereton has made an invaluable contribution to the establishment of the NACC as its inaugural commissioner,” she said.
A merit-based process will begin to appoint a new commissioner of the NACC.
Mr Brereton’s tenure at the head of Australia’s corruption watchdog had been marked by controversy, including an investigation by NACC inspector Gail Furness.
The former Major General had already announced in September 2025 that he would step away from any defence-related referrals to the NACC to “avoid the distraction this had become”.
“I’ve managed potential conflicts in relation to Defence referrals,” Mr Brereton told a senate estimate hearing earlier this year.
Mr Brereton also faced scrutiny over his continued role with the Inspector-General of the Australian Defence Force (IGADF) and its probe into the conduct of special forces operatives in Afghanistan.
He told the same hearing said his involvement with the IGADF was about 24 hours over 29 months, unremunerated and mostly outside of business hours.
The hearing was told she had received close to 90 complaints about Mr Brereton in under six months alleging conflicts of interest, including procurement of counsel assisting.
On Tuesday, Mr Brereton blamed 40 of the complaints on a “period of two days following a social media campaign”.
