In Senate estimates, I asked questions about the Brereton Afghanistan inquiry and its implications for integrity in public office. When Mr Brereton wrote his report, he declared that command responsibility for alleged war crimes did not extend to senior officers or headquarters. That raises serious concerns.
I pressed officials on whether Mr Brereton had close associations with those officers and whether this pattern of judgment affects his fitness to lead the National Anti-Corruption Commission (NACC). The response confirmed that while his association was professional, he continued to provide advice on the inquiry—even after becoming commissioner.
Australians deserve confidence that those tasked with fighting corruption are beyond reproach. Transparency and accountability are not optional—they are essential.
What do you think? Should prior involvement in controversial inquiries disqualify someone from heading an anti-corruption body?
— Senate Estimates | October 2025
Transcript
Senator ROBERTS: When Mr Brereton wrote his Afghanistan inquiry report he declared that command responsibility and accountability for war crime allegations does not extend to senior officers and headquarters, joint taskforce 633 and the joint operations centre. Did he know any of those officers well, or did he have a close association with any of those officers?
Mr Reed: That report was produced before the National Anti-Corruption Commission began and therefore—
Senator ROBERTS: I’m going to—
Mr Reed: I’m not in a position to be able to tell you about—
Senator ROBERTS: Do you know?
Mr Reed: I can’t advise you on that.
Senator ROBERTS: Do you know?
Mr Reed: No, I don’t.
Senator ROBERTS: Could you take it on notice to ask Mr Brereton, please?
Mr Reed: I’m not sure. Is it relevant?
Senator ROBERTS: Yes, it is, because it’s going to the commissioner’s fitness for the job of heading up the NACC and establishing whether there’s a pattern of behaviour here. There seems to be a pattern of behaviour, from what I can tell.
Mr Reed: I’ll pass to my colleague Rebekah O’Meagher.
Ms O’Meagher: Thank you, Philip. If it assists, in terms of the previous line of questioning, the commissioner has put it on the record that, in terms of that association, it was a professional one, not a friendship. It was a historic—
Senator ROBERTS: I’m not doubting that.
Ms O’Meagher: professional association. As to the reasoning of how that error of judgement occurred, those referrals came to us in the third day of our operation as the commission, and the commissioner has explained that he maintained involvement—not decision-making but involvement—because it raised issues in terms of the breadth of corrupt conduct under the act. That was the reasoning. He declared what the conflict was on multiple occasions. He stated how he was going to manage it. And another deputy was the decision-maker for the referrals.
Senator ROBERTS: Has the NACC received any referrals or complaints in relation to the Afghanistan inquiry that Mr Brereton conducted?
Mr Reed: It’s not something I’m going to be able to answer here.
Senator ROBERTS: Can you take it on notice please?
Mr Reed: Yes.
Senator ROBERTS: Has Mr Brereton recused himself from the complaints against the Afghanistan inquiry, or does he need the inspector-general to tell him to do that again?
Ms O’Meagher: The commissioner has stated that he will recuse himself, and he has recused himself, from all matters involving that IGADF.
Senator ROBERTS: Has he continued to provide advice to the inspector-general of the ADF on the Brereton report? He has, hasn’t he?
Mr Reed: That’s what we were talking about earlier—
Senator ROBERTS: That’s right.
Mr Reed: and the answer is yes. But it was advice, not regular or structured but infrequent.
Senator ROBERTS: Can you confirm, Mr Reed, if there have been any complaints to the NACC about the Brereton report? He’s not advising the NACC?
Mr Reed: If it was a referral to the National Anti-Corruption Commission about the IGADF—
Senator ROBERTS: And the Brereton report.
Mr Reed: he would recuse himself from that matter.

