Attorney-General Addresses NACC Commissioner's Defence Links
Attorney-General Michelle Rowland sent a letter to National Anti-Corruption Commission (NACC) head Paul Brereton in October last year, seeking clarification regarding his ongoing connections to the Department of Defence. The letter indicated that his declarations of interest had not adequately detailed the nature and extent of his activities with the Inspector-General of the Australian Defence Force (IGADF).
Concerns were raised following reports that Mr. Brereton was granted an age extension to continue consulting for the body that conducted the Afghanistan War Crimes Inquiry. This consultation reportedly occurred during his NACC tenure without full disclosure to the NACC or the government.
Details of the Inquiry
Ms. Rowland's letter, dated October 12, stated that Mr. Brereton's declarations did not specify his activities at the request of IGADF. It also noted the omission of his age extension to August 2026, granted in June 2024, to continue his Defence role. Furthermore, responses provided at Senate Estimates in February 2025 were deemed insufficient in addressing his ongoing engagement and advisory role to the IGADF.
The Attorney-General emphasized the importance of public confidence in the NACC, which relies on the effective management of perceived or actual conflicts of interest and appropriate transparency.
She requested that Mr. Brereton outline steps taken to manage any conflicts arising from his IGADF involvement and consider providing an updated declaration of interests. Ms. Rowland also suggested declaring all relevant affiliations and interactions to the NACC Chief Executive Officer (CEO).
Under the Public Governance, Performance and Accountability Act 2013 and the National Anti-Corruption Commission Act 2022, public officials are required to declare material personal interests. Documents indicate Mr. Brereton updated his official disclosure on October 22, 12 days after reports of his age extension and following Ms. Rowland's letter, to explicitly record his IGADF involvement. Prior declarations in 2023, 2024, and his original 2025 declaration did not include this information. Neither NACC CEO Philip Reed nor NACC Inspector Gail Furness were aware of the consulting arrangement initially.
Commissioner Brereton's Response
In a separate nine-page response to Ms. Rowland on October 22, Mr. Brereton defended his disclosures. He stated that he did not disclose the precise nature of his involvement because he did not consider it "material." He clarified that:
"What was material was the existence of a relationship, and how it would be managed."
He expressed willingness to add details regarding his informal advice and information requests related to the Afghanistan inquiry.
Mr. Brereton explained that the age extension was administrative, enabling him to access classified Inquiry records. He affirmed that he has managed potential conflicts in accordance with Commission policies and his declarations. Regarding his Senate Estimates evidence, he maintained that his response was "appropriate in the context of the questions asked" and that all his declarations complied with relevant acts.
Ongoing Actions and Oversight
Mr. Brereton announced in October that he would recuse himself from all NACC investigations involving the military. His letter to Ms. Rowland also confirmed his personal recusal from two NACC matters specifically involving the IGADF and two other matters, plus a third handled at a lower level. He also recused himself from a matter involving an individual previously known to him as an IGADF official.
NACC Inspector Gail Furness is currently investigating Mr. Brereton's involvement in defence-related referrals, procurement decisions, and his ongoing engagement with the IGADF. Ms. Furness previously made a finding of officer misconduct against him related to managing a declared conflict of interest from a past professional association.
NACC Chief Executive Philip Reed and NACC Inspector Gail Furness are scheduled to appear before Senate Estimates hearings. Mr. Brereton is not required to attend. A spokesperson for the NACC stated that the commission takes conflict of interest matters seriously and has implemented measures to address potential concerns, noting Mr. Brereton's step in October 2025 to no longer participate in any Defence referrals. The commission expressed satisfaction with current arrangements for managing conflicts of interest.