NACC Commissioner Paul Brereton has told a parliamentary committee it was unnecessary to recuse himself from the watchdog’s Defence referrals. Photo: ADF.
National Anti-Corruption Commissioner Paul Brereton has delivered a strong rebuttal to criticisms over his perceived conflict of interests, amid calls for him to step down from his role leading the watchdog.
Mr Brereton has told a parliamentary committee he has always acted appropriately in dealing with defence matters when advising the Inspector General of the Australian Defence Force (IGADF).
These included issues related to the Afghanistan war crimes inquiry, which Mr Brereton previously led and over which he has particularly useful insights.
Mr Brereton holds the rank of Major General in the Army Reserve and retains a high-level involvement with the Australian Defence Force.
The Commissioner’s continued involvement with the IGADF was revealed in October, causing him to step away from any involvement in Defence-related corruption referrals to the NACC.
While that move did not quell calls for him to step down from the NACC completely, the Commissioner has remained defiant, telling a parliamentary hearing on Thursday (11 December) he even thought his recusal from Defence matters was unnecessary.
“I have unique knowledge of the Afghanistan inquiry, which cannot be sourced elsewhere,” the Commissioner said.
“Since it was completed in 2020, and before my appointment as Commissioner, that required ongoing consultation with me from time to time and when my appointment as Commissioner was under consideration, I anticipated it would continue to do so.
“It would be a waste of time and resources and utterly unreasonable if the IGADF could not, in furtherance of implementing my recommendations, seek and obtain information from me.
“The only persons who would benefit if I did not do that are those who don’t want the recommendations to be implemented, or don’t want the office of the special investigator, who is responsible for the criminal investigations that I recommended be instituted, to be able to do their job.”
Mr Brereton informed the committee that he had been approached by the IGADF for assistance on 22 occasions and had spent a total of about 24 hours advising it over more than a two-year period.
He said there was no “actual conflict” but had taken the step to recuse himself because of public perception.
“I don’t accept that it’s a reasonable perception, but I have stepped away because there is some perception,” the Commissioner said.
The NACC’s deputy commissioners, however, disagreed with the Commissioner that it was unnecessary for him to step aside from involvement with Defence referrals at the corruption watchdog.
The three deputies were all asked their views and each told the committee it was a correct move for the Commissioner to keep at arm’s length from the Defence referrals.
“I think the recusal from the Defence matters in entirety is absolutely the right decision for the Commission,” Deputy Commissioner Nicole Rose said.
Deputy Commissioner Ben Gauntlet told the committee: “I believe the recusal was necessary given the status of the Commission at the time relative to the public opinion.”
And Deputy Commissioner Kylie Kilgour had the same sentiment.
“I think this is the right approach for us to take in response to the community concern being raised with us,” she said.
“I think it shows that we are listening and trying to do our job.”
Neither the Commission’s chief executive officer Philip Reed, nor the NACC Inspector Gail Furness had been aware of Mr Brereton’s consulting arrangement with the ADF before it was publicly revealed.
In her parliamentary committee evidence, Ms Furness said the NACC’s CEO should have been made aware of Mr Brereton’s continued advisory role with the IGADF.
“To my way of thinking the ongoing advice to the IGADF should have been disclosed to at least the senior executive of the Commission. That’s my view,” she said.
The independent NACC Inspector is currently examining complaints relating to Mr Brereton’s continued work with the IGADF, saying there had been a spike of interest in the second half of this year.
In the NACC’s monthly update, it states that as at 10 December it is conducting 30 preliminary investigations and 38 corruption investigations in alleged corrupt behaviour across the federal public sector.
Four of the NACC’s matters are currently before the courts. Since the Commission’s commencement in July 2023, 11 convictions have been secured as a result of investigations.
Original Article published by Chris Johnson on Region Canberra.
