Australia’s anti-corruption watchdog is facing a formal investigation over concerns about its chief commissioner’s links to Defence.
The inspector of the National Anti-Corruption Commission, Gail Furness has told the parliamentary committee that oversees the NACC she will investigate complaints about the commission and commissioner Paul Brereton.
The inquiry will look at whether the National Anti-Corruption Commission Act has been breached. It includes claims of possible agency maladministration and officer misconduct.
In her letter, Ms Furness said the complaints relate to Mr Brereton’s involvement in Defence-related referrals to the NACC and his ongoing role with the Inspector-General of the Australian Defence Force.
She wrote she had asked for and received material from the NACC and decided it warrants an agency maladministration or officer misconduct investigation.
The inquiry follows months of questions about Mr Brereton’s continuing advisory work connected to the Afghanistan War Crimes Inquiry which he led while working with Defence.
He received an extension to remain in the Army Reserves beyond the usual retirement age to keep supporting that work. It also reported the Attorney-General, Michelle Rowland later asked for an explanation about why his Defence ties were not adequately disclosed.
In December, Mr Brereton updated his declaration of interests to formally disclose his informal and voluntary advice to the Defence watchdog.
It also reported the NACC chief executive later corrected evidence to the Senate. He said Mr Brereton provided advice during commission working hours on at least eight occasions and that the advice was not fully understood internally until media enquiries.
Former attorney-general Mark Dreyfus wrote to Mr Brereton on 30 March 2023 asking him to put in place a conflict of interest management plan. He also asked him not to do any new or ongoing formal work for the Defence watchdog once his NACC appointment began.
Mr Brereton stepped away from all Defence-related matters at the NACC in October last year. On Monday, Greens senator David Shoebridge called for him to be removed while independent MP Helen Haines described the latest investigation as extremely serious.
A spokesperson for the Attorney-General said the oversight arrangements were working as intended.
Ms Furness and NACC chief executive Philip Reed are due to face Senate estimates hearings on Monday and Mr Brereton is not required to attend.
