National Anti-Corruption Commission head Paul Brereton — the man meant to clean up Canberra — resigned after receiving a preliminary report into a personal complaint made against him.
The commission’s independent overseer, barrister Gail Furness, said on Tuesday evening she is investigating a complaint made “about the conduct of the commissioner” several months ago.
She said she began a formal investigation into the previosly unreported complaint on April 14 after receiving a response from Maj-Gen. Brereton, who abruptly resigned on Monday, citing political and media focus over separate allegations of conflicts of interest.
Ms Furness, who did not disclose who made the complaint or the nature of the allegation, said she provided Maj-Gen. Brereton with her draft conclusions on April 28.
The dramatic revelation was made to a Senate committee that had, a few minutes earlier, questioned the ex-judge about why he resigned three years into his five-year term and the commission’s failure to prosecute high-profile cases.
The law allows the NACC inspector to publish her findings, although Ms Furness said Maj-Gen. Brereton’s resignation made the likely completion of her investigation “somewhat uncertain”.
Blaming the scrutiny
Maj-Gen. Brereton, who did not disclose the new investigation into him during his appearance, said he resigned because attention from politicians and the media over allegations of conflicts of interest made it harder for the commission to do its work.
“I have become a distraction,” the Army Reserve general told the committee. “Every time the chief executive officer comes up here he has to answer questions about me.”
Greens senator David Shoebridge asked if his failure to tell other commissioners that he was working on war crimes investigations during working hours at the commission contributed to his decision to resign as the first head of the agency meant to clean up corruption in Canberra.
“I think everyone contributes to their own downfall if you like in some ways and I am sure I have contributed to this in some ways,” he answered.
After being praised by Labor Senator Nita Green for his work as a judge, public servant and war crimes investigator, Maj-Gen. Brereton finished his appearance by saying it was “really important” public servants are not “terrorised” by Senate committees, which have a right to question them about their work but often use the appearances to score political points.
In denial
Senator Shoebridge accused Mag-Gen. Brereton of being in denial about the potential conflict by helping the Defence Force Inspector-General while potentially overseeing investigations into the Defence Department, one of the largest organisations in government.
“Even now you can’t accept the obligation to be transparent as the head of the NACC,” the senator said. “The fact you can’t see is highlighting why the public has lost faith in you — that trust deficit when you do this.”
Maj-Gen. Brereton said he did less than 30 hours of unpaid work over three years.
The former NSW Supreme Court judge oversaw what became known as the Brereton Report, which said there was credible evidence 25 Australian soldiers executed 39 prisoners or civilians in Afghanistan. The report likely led to the arrest of Victoria Cross awardee Ben Roberts-Smith on murder charges.
While supporters said the document was a landmark moment in military accountability, critics accused investigators of using high-pressure tactics against Afghanistan veterans, mostly from the special forces, and gathering evidence that can’t be used in criminal prosecutions.
An investigation by Ms Furness into conflict-of-interest allegations against the former judge has been written for the government but not published. The anti-corruption commission paid a large law firm $240,000 to respond to her preliminary findings, Maj-Gen. Brereton told the committee.
Liberal senator Sarah Henderson asked if he regretted how he responded to allegations his military work created a conflict of interest for the new agency.
“I do not think that could have been handed any better or differently,” he answered.
He will finish working at the commission early July.
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