The chief commissioner of the National Anti-Corruption Commission (NACC), Paul Brereton, is still providing significant support to the Inspector-General of the Australian Defence Force (IGADF) despite earlier claims that he had stepped back from this role. In a statement made earlier this year, the NACC indicated that Brereton had resigned from his position as assistant inspector-general of the ADF in May 2023, just before he took on the role of chief commissioner. The agency confirmed, "Commissioner Brereton was appointed an assistant inspector-general of the ADF in May 2016, and resigned that appointment in or about May 2023 before commencing as commissioner."
However, documents from the Department of Defence reveal that Brereton continues to provide "critical" capability to the IGADF. This comes six months after a misconduct finding against him. In response to inquiries, the NACC stated that while Brereton had resigned from his previous role, he has "occasionally" consulted for the IGADF since becoming commissioner in June 2023. The agency noted, "Since 1 June 2023, this assistance has been infrequent, and is necessary given his extensive knowledge of and expertise in the specific inquiry subject matter."
The NACC emphasized that Brereton's involvement does not interfere with his duties as commissioner. They stated, "Any perceived or actual conflict of interest that arises is managed appropriately, and in accordance with his previous declarations, the commissioner does not participate in matters which involve the IGADF."
A freedom of information request seeking records of Brereton's resignation was denied by the Department of Defence, which stated that no such documents could be found. The department's decision maker cited section 24A of the FOI Act, which allows requests to be refused if documents cannot be located or do not exist.
Brereton, who led the inquiry into alleged war crimes in Afghanistan, has received extensions to remain in the Army Reserves beyond the mandatory retirement age. His current extension is valid until August 27, 2026. A letter released under FOI indicated that these extensions were granted to ensure continuity and capability within the IGADF's office, as well as to provide high-level support to ministers and government agencies. The letter noted that Brereton's unique experience was essential for addressing specific inquiry matters.
Concerns have been raised regarding Brereton's ongoing military ties, especially as the NACC oversees the defence force and is investigating potential corruption within it. Crossbench politicians have expressed worries that these connections could compromise public trust. Greens Senator David Shoebridge remarked, "Previously, the commissioner told the public and he told the parliament his role with defence was entirely honorary; these documents show he has a significant, ongoing role within Defence."
Independent Senator David Pocock also voiced his concerns, stating, "The commissioner of the NACC is a full-time job, and I think we should have someone as commissioner who is willing to forego all other engagements."
Geoffrey Watson, director of the Centre for Public Integrity, expressed disappointment over Brereton's consultancy role with the IGADF. He stated, "This can't be managed by Mr. Brereton stepping away from IGADF-related investigations. His connections are too long and too deep. The only way this can be dealt with is if Mr. Brereton steps aside from all matters relating to the military."
The NACC has assured that any potential conflicts of interest are managed appropriately. As of March, Brereton had recused himself from six defence matters referred to the NACC, delegating those to a deputy. Since his appointment as commissioner, he has attended 18 functions in uniform. According to the FOI documents, there are no expectations for Brereton to continue his work with the IGADF beyond his current extension, with the document stating, "There is presently no expectation that a further CRA extension request will be required beyond 2026."