NACC Commissioner Paul Brereton and the Commission itself are currently under formal investigation by NACC Inspector Gail Furness. This follows an inquiry by Attorney-General Michelle Rowland regarding Mr. Brereton's previously undeclared connections to the Department of Defence. Concurrently, the NACC has released its report into the Robodebt scheme, which found two former public servants engaged in serious corrupt conduct and revealed that the NACC's initial decision to decline investigation into the Robodebt referrals was influenced by a perceived conflict of interest involving Commissioner Brereton.
NACC Commissioner Under Scrutiny Over Defence Ties
In October 2024, Attorney-General Michelle Rowland initiated an inquiry into NACC Commissioner Paul Brereton's connections to the Department of Defence, seeking clarification on his declarations of interest. Ms. Rowland's letter highlighted concerns that Mr. Brereton's declarations had not adequately detailed his activities with the Inspector-General of the Australian Defence Force (IGADF).
Reports indicated that Mr. Brereton had been granted an age extension in June 2024 to continue consulting for the IGADF, 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.
The Attorney-General's letter, dated October 12, 2024, specifically noted that Mr. Brereton's declarations failed to specify his activities at the request of IGADF or the age extension to August 2026. Responses provided at Senate Estimates in February 2025 were also deemed insufficient in addressing his ongoing engagement and advisory role. Ms. Rowland underscored the critical importance of public confidence in the NACC, emphasizing that it relies on effective management of conflicts of interest and appropriate transparency. She requested Mr. Brereton outline steps taken to manage conflicts and consider providing an refreshed declaration of interests.
Public officials are mandated to declare material personal interests under the Public Governance, Performance and Accountability Act 2013 and the National Anti-Corruption Commission Act 2022. Documents reveal Mr. Brereton updated his official disclosure on October 22, 2024, 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 2024 declaration did not include this information. NACC CEO Philip Reed and NACC Inspector Gail Furness were not initially aware of the consulting arrangement.
In a nine-page response to Ms. Rowland on October 22, 2024, 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."
"What was material was the existence of a relationship, and how it would be managed," Brereton clarified.
He expressed willingness to add details regarding his informal advice and information requests related to the Afghanistan inquiry. Mr. Brereton explained the age extension as administrative, enabling access to classified Inquiry records, and affirmed that he has managed potential conflicts in accordance with Commission policies and his declarations. He maintained that his Senate Estimates response was "appropriate in the context of the questions asked."
In October 2024, Mr. Brereton announced 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, two other matters, and a third handled at a lower level, as well as a matter involving an individual previously known to him as an IGADF official.
Formal Investigation by NACC Inspector
NACC Inspector Gail Furness has launched a formal investigation into the NACC and Commissioner Paul Brereton. The investigation targets alleged agency maladministration and officer misconduct related to Commissioner Brereton's ties to defence. Ms. Furness informed the parliamentary body overseeing the NACC, stating that initial inquiries and material received from the NACC warranted a formal investigation under section 184(1)(e) of the National Anti-Corruption Commission Act 2022.
This marks the second formal investigation by the Inspector into Commissioner Brereton's conduct. Previously, Ms. Furness found Mr. Brereton had engaged in officer misconduct for failing to adequately manage a declared conflict of interest stemming from a past professional association. Greens Senator David Shoebridge has called for Mr. Brereton's removal from his position.
Ms. Furness is currently investigating Mr. Brereton's involvement in defence-related referrals, procurement decisions, and his ongoing engagement with the IGADF.
NACC Robodebt Report Findings and Commissioner Brereton's Prior Conflict of Interest
The National Anti-Corruption Commission has released its report into potential corruption related to the unlawful income averaging scheme known as Robodebt. The report covers six referrals made by the Royal Commission into Robodebt in 2023.
The NACC found two former public servants engaged in serious corrupt conduct:
- Mark Withnell, a former Human Services Department official, was found to have intentionally misled Department of Social Services (DSS) officers during the preparation of a cabinet submission in 2015. The NACC determined he knew "automatic default averaging" would be central to the Robodebt process.
- Serena Wilson, a former Social Services deputy secretary, was found to have intentionally misled the Commonwealth ombudsman during an investigation in 2017.
In both cases, the NACC did not recommend referral for prosecution due to insufficient admissible evidence to establish offenses beyond reasonable doubt.
Former Prime Minister Scott Morrison, along with Kathryn Campbell, Annette Musolino, and Catherine Halbert, who were referred to the NACC, were not found to have engaged in any corrupt conduct. The report stated that Mr. Morrison's failure to detect misleading advice from the department was caused by the social services and human services departments failing to advise him and other ministers that new laws were required.
The NACC clarified that this did not imply Mr. Morrison was "personally at fault for not detecting the failings of DSS or that he set out to act dishonestly or in bad faith."
Kathryn Campbell was also cleared, with the report indicating it was more likely another public official, who has since died, had advised PwC that its final report into the scheme was not required.
The NACC's investigation into the Robodebt referrals began in February 2025, following a significant intervention. This intervention by the NACC Inspector found that the NACC's initial decision to decline investigation into the six individuals was "affected by apprehended bias." This was attributed to Commissioner Paul Brereton's "close association" with one of the referred individuals and his involvement in the decision-making process despite a perceived conflict of interest. NACC Deputy Commissioner Kylie Kilgour stated that publishing the report "provides transparency as to how those conclusions were reached."
Upcoming Appearances
NACC Chief Executive Philip Reed and NACC Inspector Gail Furness are scheduled to appear before Senate Estimates hearings in February 2025. Commissioner Brereton is not required to attend these hearings. A spokesperson for the NACC stated that the commission takes conflict of interest matters seriously and has implemented measures to address potential concerns.