The head of the National Anti-Corruption Commission continues to hold senior roles in the Army Reserves, raising fresh questions about perceptions of neutrality as the watchdog probes a $45 billion federal defence contract.
Six months after a misconduct finding was made against Paul Brereton over a bungled robodebt referral, the NACC has confirmed the commissioner continues to self-manage potential conflict of interest issues if and when they arise.
When contacted by the ABC the NACC did not detail whether Mr Brereton had stepped away from a referral regarding the navy’s $45b Hunter frigate project, but confirmed he had recused himself from six defence matters to avoid any perceptions of bias.
Federal crossbenchers — including Greens senator David Shoebridge and Independent MP Helen Haines — have flagged issues with the integrity body since its inception in July 2023 and are pushing for increased transparency in the next term of parliament.
Those concerns ratcheted up last year after the watchdog’s oversight body found Mr Brereton unintentionally engaged in “officer misconduct” by not entirely removing himself from deliberations about whether to investigate the so-called Robodebt six despite declaring a “close association” with a person involved.
The inspector found no evidence of deliberate impropriety on Mr Brereton’s behalf, but noted that while he had delegated the final decision, his involvement in discussions remained “comprehensive”.
Mr Brereton’s official declaration from August 11, 2023 was submitted to the parliament on Friday in response to questions from Senator Shoebridge about how the NACC boss is handling perceptions of bias following that finding.
It says if a matter “potentially affecting the interests” of an individual or agency with whom Mr Brereton is associated comes before the watchdog, the commissioner would recuse himself from “decision-making in respect of that matter” and delegate the issue to a deputy.
A NACC spokesperson confirmed Mr Brereton recused himself from six defence matters, but it’s unclear whether that happened at the start of deliberations or just during the decision making.
“The commissioner has appropriately remained involved in decision making and deliberations where the matter does not involve the interests of an individual or unit with whom he has or has had a close association,” they said.
“… Where an actual or perceived conflict is declared or ruled, the member does not participate in the discussion and leaves the meeting while the matter is discussed and determined.”
But Greens senator David Shoebridge told the ABC Mr Brereton’s continued association with defence raised a red flag and the commissioner should step away from any deliberations in the referral process, not just decision making.
“I think most people will just be shaking their heads at this” he said.
“[Brereton] was forced kicking and screaming to relinquish a role in the robodebt referral — now we see him perhaps repeating the same mistake — explaining he’ll engage in referrals but step outside at the last moment.”
Responding to questions about whether it’s appropriate for Mr Brereton to retain his position as Major General in the ADF Reserves, as well as honorary appointments as Colonel Commandant of the Royal New South Wales Regiment and the University of New South Wales Regiment, the NACC said it wasn’t concerned.
“The commissioner’s ongoing defence roles are honorary appointments and generally present no conflict of interest,” a spokesperson told the ABC.
Director of The Center for Public Integrity, Geoffrey Watson SC, described the NACC’s explanation as problematic.
“I haven’t got complete confidence in the commissioner’s ability to gauge conflict of interest — given his robodebt error,” he said.
“The response seems to gloss over potential defence conflicts of interest because certain appointments of Mr Brereton’s are ceremonial or honorary. I would think if your commitment is so emotionally strong you’re willing to do it for free — it makes it worse not better.”
The August declaration provided to the Senate also lists nine current and former politicians with whom Mr Brereton has previously had professional contact.
Those names include — Defence Minister Richard Marles, former defence minister Linda Reynolds and Marise Payne, who was the defence minister at the time the frigate announcement was made.
The Guardian reported last year Mr Brereton’s Robodebt conflict related to his service in the army reserves.
Senator Shoebridge says he’s been waiting 18 months for a substantive response to his NACC referral regarding the Hunter frigates.
“I have not had any clarification about who is dealing with it, what stage it is at and I’m troubled commissioner Brereton might have had a role in it,” he said.
