The personal scrutiny faced by the head of the National Anti Corruption Commission (NACC), Paul Brereton, became so intense that staff were “terrified” of making an error, a Senate Estimates hearing has been told.
Brereton, who announced his resignation earlier this week, appeared before the Legal and Constitutional Affairs Legislation Committee along with the commission’s chief executive, Philip Reed, and deputy commissioners Nicole Rose, Ben Gauntlett and Kylie Kilgour.
Rose has also resigned from the commission.
The Inspector of the National Anti Corruption Commission Gail Furness SC made a finding of officer misconduct against Brereton in relation to his handling of referrals from the Robodebt Royal Commission, and is investigating “complaints of agency maladministration or officer misconduct” regarding his relationship with the Australian Defence Force.
In a series of increasingly antagonistic exchanges with Greens Senator David Shoebridge, and later with the Liberals’ Sarah Henderson, Brereton defended his actions, saying the law has a “very wide definition that any error of fact or any error of law amounts to officer misconduct.”
“We now have a commission in which staff are terrified of making any mistake of fact or law because they fear they will be visited with a finding of officer misconduct,” Brereton said.
“I have had to spend an undue share of my time in defending myself. More importantly, the commission has had to spend an undue share of its time in defending me, and that is preventing both of us from doing our work.”
When it was pointed out that the Commission had received 1,300 complaints about its handling of Robodebt, Brereton replied that this number was “hardly a significant proportion of the Australian population.”
When pressed by Shoebridge on his decision to involve himself in the Commission’s consideration of Robodebt despite knowing one of the people referred to it and asked if he would apologise to the families affected, Brereton said that, “With the benefit of hindsight, it would have been better if I was not involved in that at all.
“And, of course, I am sorry for the delay that that has caused. However, to suggest that that is the main cause of the appalling tragedy that the Robodebt victims have suffered is, I suggest, gilding the lily on your part.”
Asked by Henderson if he felt the government had lost confidence in him, the commissioner said he had heard “nothing but expressions of support and confidence” from Attorney General Michelle Rowland.
“Have you at any point accepted that your own conduct fell below the standards expected of the head of the Commonwealth’s anti-corruption body?” Henderson asked.
“No, I do not,” he replied. He later accused her of asking questions “for show,” as she already knew the answers.
“It was recognised from the very outset that there were going to be conflicts. I have a long history with the Defence Force; of course, there were going to be conflicts … that had to be managed. This wasn’t something that I’ve now realised. It was realised from day one, and they were managed by me stepping aside from matters in which persons whom I knew through defence had an interest,” Brereton said.
Deputy Commissioner Rose was also questioned over her resignation by Henderson, who asked whether it was motivated by a loss of faith in Brereton. She denied this, saying instead, that it was prompted by an overseas opportunity that had arisen.
Meanwhile, also appearing before the Committee after the NACC officials, Inspector of the National Anti Corruption Commission Furness confirmed she was currently investigating two separate complaints involving Brereton, including a recent investigation into his conduct launched on Apr. 14, but declined to provide further details.
Brereton will leave the NACC on Jul. 6. He took office on Jul. 1, 2023.
Attorney General Michelle Rowland said in a statement that “Commissioner Brereton has made an invaluable contribution to the establishment of the NACC as its inaugural commissioner.”
While Indi MP Helen Haines, who led a campaign to establish the anti-corruption body, said it had let down the public.
“A cloud has hung over the NACC for too long. It’s my hope that the appointment of a new commissioner—the right commissioner through a transparent recruitment and appointment process—sets the NACC on a pathway that restores community trust.
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