Senate debates

Thursday, 5 February 2026

Questions without Notice

National Anti-Corruption Commission

2:19 pm

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Attorney-General. On 12 June 2023, Senator Watt, representing the Attorney-General, told the Senate that then justice Brereton would resign his appointment as Assistant Inspector-General of the ADF 'before taking up his role as the commissioner of the NACC'. On 5 June 2025 the NACC CEO told a Senate committee that Commissioner Brereton had resigned his appointment with the IGADF in or about May 2023. However, on 3 December 2025, the actual IGADF, James Gaynor, in an answer on notice to another Senate committee, said Major General Brereton never provided written confirmation of their May 2023 conversation in which he stated he would resign as an assistant IGADF, effective 1 July 2023. So, Minister, has Commissioner Brereton resigned as an assistant IGADF, and, if so, when and how?

2:20 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

I thank Senator Shoebridge for his question. I'm aware that he has taken quite a bit of interest in this issue in all of the previous estimates hearings, and one suspects that it will be the subject of questions next week in estimates. Not being the minister responsible for this area, I can't answer your question directly, Senator Shoebridge. But I will consult with the Attorney-General and come back as quickly as I can to respond to your question.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Shoebridge, first supplementary?

2:21 pm

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

Well, that says a lot, doesn't it? They have no idea whether or not he has resigned. Minister, a bombshell letter from the Attorney-General to Commissioner Brereton, sent in October of last year, pointed out repeated failures of Commissioner Brereton to disclose his moonlighting with the IGADF to the Senate, to the former A-G and to the current A-G. Given this, does Commissioner Brereton seriously have the confidence of the Albanese government to head the National Anti-Corruption Commission?

2:22 pm

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

Yes.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Shoebridge, second supplementary?

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

Minister, you don't know if he's actually still the assistant IGADF. You've got no advice from the Attorney-General about her bombshell letter, where she panned him for failure to disclose. The ongoing failure of Commissioner Brereton to deal with his own perceived and actual conflicts of interest and his failure to come even close to transparency with your government or the parliament is rapidly eroding the trust of Australians in the NACC. Why can't you see that, and why can't you do the right thing and sack him? Bring on the motion and sack him.

Photo of Don FarrellDon Farrell (SA, Australian Labor Party, Minister for Trade and Tourism) Share this | | Hansard source

With due respect, Senator Shoebridge, I directly answered your last question.

No, you asked a question—do we continue to have confidence in the head of the National Anti-Corruption Commission—and I answered it as simply as I possibly could, in the most direct way. I don't accept your proposition. This government did act on the issue of integrity. We have appointed Mr Brereton to the job. He continues to do his work in that regard. He has made it clear that he is not involved in these other activities. And the government— (Time expired)