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NACC Commissioner Brereton Resigns; Commencement and Aftermath

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National Anti-Corruption Commissioner Paul Brereton Resigns

Paul Brereton, the inaugural Commissioner of the National Anti-Corruption Commission (NACC), has resigned. His resignation, effective July 6, 2025, comes two years before the end of his five-year term. The resignation follows a series of investigations into his conduct regarding conflicts of interest and his ongoing work for the Australian Defence Force (ADF).

Resignation and Commissioner’s Statements

"I have decided that it is time, now that the commission is established and functioning... to step aside."
— Paul Brereton

Paul Brereton announced his resignation, stating that ongoing personal scrutiny and criticism were drawing attention away from the commission's work.

During a Senate hearing, Brereton acknowledged he had "in some way contributed to this outcome," but stated, "I do not accept that my standards have in any way fallen below an appropriate standard."

Brereton’s resignation was welcomed by several integrity advocates and politicians, who called for a transparent recruitment process for his successor.

Investigations into Commissioner Brereton’s Conduct

The NACC Inspector, Gail Furness, has conducted multiple investigations into Commissioner Brereton's conduct.

Conflict of Interest and "Officer Misconduct"

  • In 2024, the NACC Inspector found that Brereton committed "officer misconduct" as defined by the National Anti-Corruption Commission Act 2022. The Inspector's report concluded the conduct "was not unlawful but arose from a mistake of law or fact" and was related to his management of a declared conflict of interest concerning Robodebt referrals.
  • The finding of "apprehended bias" was due to Brereton's failure to fully recuse himself from the NACC's initial decision not to investigate six individuals referred by the Robodebt royal commission. This was related to a "close association" with Kathryn Campbell, a former senior public servant and army reserve colleague.

Defence and IGADF Consultations

Brereton faced scrutiny over his ongoing work for the Inspector-General of the Australian Defence Force (IGADF), the body that conducted the Afghanistan War Crimes Inquiry. He was granted an age extension to continue this consulting role in June 2024.

  • Attorney-General Michelle Rowland sent a letter to Brereton in October 2024 seeking clarification on his Defence connections, stating that his declarations of interest had not adequately detailed the nature and extent of his activities with the IGADF.
  • Documents indicate Brereton updated his official disclosure to explicitly record his IGADF involvement on October 22, 2024—12 days after media reports of his age extension and following the Attorney-General's letter.
  • In a response to the Attorney-General, Brereton defended his disclosures, stating he did not consider the precise nature of his involvement "material," but affirmed he managed potential conflicts in accordance with Commission policies.
  • In October 2024, Brereton announced he would recuse himself from all NACC investigations involving the military and all Defence referrals.
  • The NACC Inspector is formally investigating alleged agency maladministration and officer misconduct related to Brereton's ties to Defence.

Impact and Response

NACC Operations and Appointments

The NACC has over 200 employees and an annual budget exceeding $60 million.

Attorney-General Michelle Rowland has stated the government believes the NACC needs a "reset" under its next commissioner. Rowland confirmed the process for Brereton’s successor will be merit-based, including advertising and a selection panel.

Deputy Commissioner Nicole Rose also resigned during this period, citing a decision to move overseas with her family as the reason for her resignation.

NACC Report on Robodebt

The NACC released a report on the Robodebt scheme, finding two former public servants, Mark Withnell and Serena Wilson, engaged in serious corrupt conduct. The NACC did not recommend their referral for prosecution due to insufficient admissible evidence.

Former Prime Minister Scott Morrison, along with Kathryn Campbell, Annette Musolino, and Catherine Halbert, were referred but not found to have engaged in any corrupt conduct.

Parliamentary and Political Reaction

"Australians' faith in the NACC has been undermined by slow progress."
— Greens Senator David Shoebridge

  • Attorney-General Michelle Rowland: Thanked Brereton for his leadership and contributions to establishing the NACC.
  • Greens Senator David Shoebridge: Called Brereton's resignation "the right outcome" and called on the government to collaborate with parliament to rebuild trust.
  • Independent Senator David Pocock: Welcomed the decision, citing "too many perceived conflicts of interest" and called for an independent, merit-based process for appointing the next commissioner.
  • Independent MP Helen Haines: Said the NACC still has work to do on transparency and public confidence, and called for greater transparency in the recruitment of the new commissioner and improved management of conflicts of interest.

Key NACC Performance Metrics and Criticisms

  • The NACC has not held any public hearings since its inception, citing a legislative requirement for "exceptional circumstances." Critics argue this policy contributes to a lack of transparency.
  • A multi-party parliamentary committee report in February 2025 described the NACC's performance as needing a reduction in its referral backlog, improved communication with referrers, and a rebuilding of public trust.
  • Brereton reported that 92% of 7,624 referrals have been assessed, and 34 investigations are ongoing.
  • Greens senator Barbara Pocock reported that a referral made on the NACC's first day regarding PwC remained unresolved nearly three years later.
  • Brereton stated during a Senate hearing that NACC staff are "terrified" of making mistakes due to fear of being found guilty of officer misconduct.