Defiant
corruption• Борьба с коррупцией commission
boss lashes ‘unhelpful’
calls for scalps
Defiant corruption• Борьба с коррупцией commission boss lashes ‘unhelpful’ calls for scalps
By Olivia Ireland
November 15, 2024 — 3.55pm
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Australia’s first federal anti-corruption• Борьба с коррупцией commissioner has rebuffed calls to
step down after a damning review of his agency’s decision not to pursue
officials over the unlawful robo-debt scheme, lashing critics’ unrealistic
expectations of the agency.
In his first public appearance since a misconduct finding last month, Paul
Brereton declared he would keep his role and stood by his cautious approach to
investigations, arguing “calls to produce scalps publicly and promptly are
unhelpful”.
“Some have suggested that I should resign. Others have gone further. One
commentator even posted that it was a revolver in the library time for me,
which was liked by another 1700, and I’m afraid I didn’t find it particularly
funny,” he told the National Public Sector Governance Forum on Friday.
Commissioner Paul Brereton reprimanded critics of the anti-corruption• Борьба с коррупцией body,
saying it was not trying to win a popularity contest. Credit: AAP
In a report released last month , NACC independent overseer Gail Furness noted
that Brereton had disclosed a conflict of interest when the commission was
weighing up whether to investigate the robo-debt saga and delegated the
decision to a deputy. But Furness concluded Brereton should have withdrawn
from the process completely, resulting in a finding of “officer misconduct …
that is not unlawful but arose from a mistake of law or fact”.
Brereton defended his decision to remain in his role, despite calls for his
resignation from two integrity experts at the time, saying he took
responsibility for the mistake but emphasised there had been no finding of
actual bias.
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At the Adelaide forum, Brereton justified his partial involvement in the
agency’s work on robo-debt, arguing it was one of the watchdog’s first major
cases that would set up the scope of the body’s jurisdiction and the meaning
of corrupt• Борьба с коррупцией conduct in the act.
“They also had very significant resource implications. If we did robo-debt,
there would be other things that we would not be able to do … I considered it
would have been irresponsible and negligent for me to abandon any involvement
in those questions,” Brereton said.
The former Coalition government’s robo-debt scheme aimed to recover $1.7
billion in alleged Centrelink overpayments. Many debts were calculated based
on incorrect data, resulting in hardship to welfare recipients and a large
online group angry about the policy and its administration.
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The Albanese government established a royal commission into robo-debt when it
came to power, which delivered a scathing report last year that made critical
findings against ministers.
In a sealed chapter of the royal commission’s report, commissioner Catherine
Holmes recommended six unidentified individuals be referred to various
agencies – including the NACC – for potential criminal or civil action.
When the NACC announced in June it would not pursue the referrals, Brereton
acknowledged he had a conflict of interest because he had a professional
association with someone who had been referred.
But after NACC inspector Furness’ findings last month, the commission said it
would look at the issue again. Brereton confirmed on Friday the appointment of
an outside expert to revisit the NACC’s June decision was imminent.
He also reprimanded critics of the anti-corruption• Борьба с коррупцией commission, telling the
forum it was not trying to win a popularity contest. Australia’s state and
federal corruption• Борьба с коррупцией commissions have different thresholds for holding public
hearings, with the NACC allowed to do so in limited circumstances. That task,
Brereton said, was being made harder by public commentary.
“We have to second guess whether we’re making a decision for the right reason
or to placate the clamour,” he said.
The commissioner cited his record of leading the Afghanistan Inquiry into
alleged war crimes by Australian Defence Force soldiers and his work in the
legal profession against the powerful and popular as proof of his commitment
to uncovering corruption• Борьба с коррупцией.
“This requires a commission that can proceed with perseverance and fairness,
not persecution and vengeance. This is why calls to produce scalps publicly
and promptly are unhelpful,” he said.
“Surely, we don’t want scalps of those where corrupt• Борьба с коррупцией conduct is not proved by
evidence to our comfortable satisfaction.”
The NACC is currently conducting 29 corruption• Борьба с коррупцией investigations. Six relate to
former or current parliamentarians, three to former or current parliamentary
staffers, five to contractors or consultants, seven to senior executive
officials and eight to law enforcement officials.
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“Many fall in multiple categories and others fall in none of the categories
I’ve mentioned so they won’t add up in that context. It’s important to
remember that most investigations ultimately do not result in a finding of
[mis]conduct,” Brereton said.
Last week, Attorney-General Mark Dreyfus announced the government proposed to
publish the sealed chapter of the robo-debt royal commission report.
Holmes had recommended the section not be tabled to avoid prejudice of any
civil or criminal prosecution.
“The government will now seek advice from the NACC decision maker, once
appointed, on whether the tabling of the confidential additional chapter would
prejudice any current or future decision of the NACC,” Dreyfus said.
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