Anti-corruption watchdog boss Paul Brereton's defence links spark concerns

Australia Broadcast Center

26-04-2025

The federal anti-corruption commissioner's ongoing role in the Army Reserves has drawn a fresh round of criticism amid concerns he continues to regularly attend military functions in full uniform, including camouflage.
While the NACC investigates allegations of corruption in the Australian Defence Force, its head, Paul Brereton, holds the rank of major general in the Army Reserve and has attended at least seven functions in uniform since being appointed the inaugural commissioner of the federal watchdog.
A NACC spokesperson told the ABC Mr Brereton's decision to occasionally wear military dress "out of hours" is appropriate and "does not compromise" the commissioner's ability to expose misconduct in defence.
While there's no suggestion of wrongdoing on Mr Brereton's part, crossbench senators and members of parliament say details of his attendance at military functions have strengthened their concerns about his ability to manage perceptions of conflict-of-interest issues involving the ADF.
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A close shot of Brereton, who is sitting in the offices of the new national anti--corruption commission
The head of the National Anti-Corruption Commission continues to hold senior roles in the Army Reserves six months after a misconduct finding was made against him.
"Confidence in the commissioner's capacity to fulfil his function in the NACC would be enhanced, in my view, if Commissioner Brereton fully retired from his roles in defence," Independent MP Helen Haines said.
NACC officials told a budget estimates hearing last month that Mr Brereton's position in the reserves was honorary, "not in the command structure", and "akin to an emeritus professor". But several questions — such as whether he was continuing to wear uniform or had access to military facilities — were taken on notice.
Transparency expert Geoffrey Watson SC has told the ABC even symbolic ties such as wearing uniform can raise perception concerns, particularly in roles involving oversight.
In March,
"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," a NACC spokesperson said at the time.
Brereton's military ties spark impartiality questions
Photos publicly posted on the official Facebook pages of the NSW regiments of which Mr Brereton is aligned, have prompted several crossbenchers to ramp up their calls for the commissioner to step aside from his defence positions.
On August 18, 2024, Mr Brereton was pictured wearing what is known as "cams" or camouflage uniform while delivering a presentation at the 2024 Regimental Weekend in the nation's capital. The rank of major general is visible on his arm and the screen behind him indicates the seminar is about generating war fighting capabilities.
In photos posted to the Royal New South Wales Regiment Facebook page on March 1 of this year, Mr Brereton was pictured as a guest of honour at a dinner in Sydney wearing what is known as "senior mess dress" according to the Army Dress Manual.
Paul Brereton pictured at an event in March 2025.
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Another photo posted on the 23rd August 2024, seen by the ABC, showed Mr Brereton wearing the same uniform alongside the NSW Governor Margaret Beazley in Canberra.
Both events marked the Royal New South Wales Regiment's involvement in Sudan in 1885. Mr Brereton remains an honorary colonel in this unit.
On November 27, 2024, Mr Brereton appeared in the same dress uniform delivering a speech during the dinner at the Battalion Ball and Leadership weekend in Canberra.
The previous year, on November 30, 2023, Mr Brereton was pictured wearing what is known as "pollies" or polyester 'general duty dress', in which he is seen putting new rank slides on an officer's shoulder. The army's official dress manual says this uniform is "more appropriate in the office environment" and "not to be worn" during ceremonial events or representational appointments.
At different events in September 2023 and August 2023, Mr Brereton was also photographed as a special guest at army reserves events. The NACC came into effect in July of that year.
Brereton appears in polyester general duty dress putting new rank slides on an officer.
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A NACC spokesperson confirmed Mr Brereton continues to participate in events as an honorary colonel commandant of the Royal New South Wales Regiment and University of New South Wales Regiment.
"He occasionally, on weekends or holidays or out-of-hours, visits and participates in ceremonial and regimental activities in that capacity, and appropriately wears uniform when doing so in accordance with that ceremonial function," the spokesperson said.
The spokesperson said the role doesn't compromise the commissioner's full-time commitment to the NACC, nor his ability to investigate and expose misconduct in defence impartially and independently.
Mr Brereton, a former NSW Supreme Court Judge, was a major general in the reserves when he was appointed by the inspector general of the ADF to inquire into allegations of war crimes in Afghanistan between 2005 and 2016.
His report published in 2020 that found credible information that war crimes had occurred was a landmark decision and prompted the establishment of an office of special investigations to examine specific alleged crimes.
Calls intensify for Brereton to step aside from Reserves
In October last year, Mr Brereton was found by NACC inspector Gail Furness to have mishandled a conflict of interest by failing to fully recuse himself from deliberations on whether to investigate six officials implicated in the unlawful Robodebt scheme, despite disclosing a close connection to one of those involved.
The watchdog inspector subsequently examined the NACC's handling of the referral and its decision not to pursue an investigation into the public servants.
Paul Brereton at an event in November 2024.
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While the inspector found no evidence of deliberate misconduct by Mr Brereton, it noted that, although he had delegated the final decision, his involvement in the discussions remained "comprehensive."
Following this review, the NACC has since opted to investigate the six individuals initially referred to the body, reversing its earlier decision.
Asked how Mr Brereton handles any issues related to his service in the Army Reserve, a NACC spokesperson said if any perceived or actual conflicts arise relating to "an individual or unit with whom he has served or had a close association … he declares the conflict, delegates the matter to a deputy commissioner, and does not participate in deliberations".
Senators David Pocock, Jacqui Lambie and David Shoebridge – already unhappy with the way the government set up the NACC, choosing not to hold public hearings except in extraordinary circumstances – have ramped up their criticisms of Mr Brereton.
"On that broader issue of the credibility of the NACC, a lot has to change and I think that's got to start with some leadership at the top," Senator Pocock said.
Independent Senator David Pocock says it's time for Paul Brereton to go.
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Senator Lambie said the situation was unsatisfactory and a blight on the government.
"Paul Brereton is running around in uniform — not just in mess dress but camouflage uniform," she said. "He's playing major general and he's playing in charge of the NACC — this is absolutely ridiculous. The Labor party knew this from day one."
Documents released under a freedom of information request reveal Mr Brereton spoke for 30 minutes on the first day of a two-day Defence Integrity Conference at the Australian Defence Force Academy on November 12 last year.
Paul Brereton at an event in September 2023.
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Budget estimates also heard Mr Brereton took two days of annual leave to give a talk at an ADF facility in the Blue Mountains earlier this year with the watchdog's CEO taking questions on notice about whether Mr Brereton wore a defence uniform to that event.
Integrity expert Geoffrey Watson told the ABC Mr Brereton should not have anything to do with probes regarding allegations of corruption in the Department of Defence.
"It's time for Mr Brereton to address the obvious. He should resign from the military and stand aside from any investigation involving defence," he said.
Geoffrey Watson says Paul Brereton must "address the obvious" and "step aside".
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Broader debate over NACC credibility continues
As the watchdog nears its second birthday on July 1, NACC representatives told a Senate estimates hearing that none of the seven inquiries it had completed by the commission — nor the 33 ongoing investigations — have been deemed worthy of a public hearing.
Greens Senator David Shoebridge sought clarification from the integrity watchdog at the March budget estimates session about why none had reached that threshold:
"So there are 40. Zero out of 40 were found to have exceptional circumstances?" he asked.
To which Philip Reed, NACC chief executive, responded: "That's correct."
Independent crossbenchers have previously told the ABC they will push to make the integrity watchdog more transparent and hold more public hearings in the event of a hung parliament after the May 3 election.
They contend the Albanese government was elected on the promise of delivering a transparent anti-corruption body with teeth and instead created a body that operates almost entirely in secret.
With the federal poll due on May 3, independent crossbenchers have told the ABC they will push whoever forms government to unwind legislation so that the body is compelled to hold more public hearings.
"We are likely not to see any public hearings. We need to undo that. We need to listen to our community and our experts and I think that's a job for the next parliament," Senator Pocock said.
Paul Brereton at an event in September 2023.
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The Department of Defence refused to answer the ABC's questions about Mr Brereton's involvement in the reserves, saying: "the personal information of an ADF member can only be released with the consent of the individual".
They are yet to confirm whether he continues to have access to army messes or had taken an oath of service that requires obedience with orders and directions.