Paul Brereton, Chief of the National Anti-Corruption Commission (NACC), recently made the first amendment to his official declaration of interests. He has rightly spoken to his continued association with the Inspector-General of the Australian Defence Force (IGADF). On October 22, I sent this interim report from Attorney-General Michelle Rowland. It comes in response to mounting pressure over Brereton’s ties to the military and his previous position as head of the Afghanistan Inquiry.
Brereton has been granted extensions on multiple occasions that allow him to maintain his active duty status. He is eligible to serve beyond the mandatory retirement age until August 27, 2026. His ongoing position as providing “critical capability” for the IGADF. Yet his original declaration, filed on September 16, contained no indication that this advisory role would continue indefinitely. This omission has raised red flags as to some members’ potential conflicts of interest.
Ongoing Military Involvement
Brereton had earlier asserted that he had removed himself from defence assignments. On at least eight occasions during work hours for the commission, he has provided counsel to the IGADF. This inconsistency has been the cause of deeper probing into his behavior and decision-making processes while running the NACC.
Brereton rightly accepts that his informal, voluntary and unpaid contributions to the IGADF. He stated, “I have an affiliation with some units or agencies … and the Inspector-General of the ADF (IGADF) (to whom I continue, from time to time, on an informal and voluntary basis, to provide advice and respond to requests for information relating to the Afghanistan Inquiry Report, in accordance with the arrangements described in the then Attorney-General’s letter to me of 30 March 2023).”
Brereton’s acknowledgment, NACC spokespeople emphasized. In response to their Freedom of Information request, they said it’s taken up about 24 hours of his time in the two-plus years since July 1, 2020. Yet a spokesperson infamously insisted that “the assistance which commissioner provides the IGADF is provided on a voluntary basis as it is unremunerated.”
Parliamentary Scrutiny
The NACC’s chief executive officer has communicated with the Senate, updating testimony regarding Brereton’s military ties. It is indeed a historic time to be alive. He will face questions from a parliamentary committee in the coming days, for the first time since these connections were revealed to the public.
In that context, Brereton made his dramatic announcement that he would not be continuing with any defence corruption investigation. He clarified his approach to potential conflicts of interest, stating, “To date, and in accordance with the arrangements described in your predecessor’s letter of 30 March 2023, I have taken the approach that should a matter potentially affecting any Defence or ADF unit or individual with whom I am or have been associated in a way that might reasonably be perceived to create a conflict come before the Commission, I do not participate in decision-making and I delegate it to a Deputy Commissioner.”
This announcement provides a glimpse into the continuing struggle to maintain integrity within the commission while dealing with large and mustered established military relationships.
Complaints Under Review
The backlash against Brereton’s military ties is growing. In reply, Inspector Ms. Furness is currently pursuing two formal complaints regarding such links. Perhaps most critically, one of those complaints was made by a former NACC employee himself, making Brereton’s position all the more contentious.
The outcome of this investigation into these complaints could have considerable consequences for Brereton’s future as chief of the NACC.
