Former integrity head calls for NACC appointment reform after Brereton resignation

Paul Brereton has resigned as the inaugural commissioner of the National Anti-Corruption Commission (NACC), marking the first major leadership change since the agency began operation three years ago. The departure follows what former integrity agency head Deborah Glass described as a period of unflattering headlines and a palpable air of disappointment in the commission’s performance.

Glass, a former Victorian Ombudsman and former member of the UK’s Independent Police Complaints Commission, argues that the current appointment framework compromises the agency’s independence. Under existing legislation, the NACC commissioner is appointed by the Attorney-General, with approval required from a joint committee on the NACC. The committee is chaired by a member of the governing party, who holds the casting vote, with half the members from the governing party and half from other parties.

Glass contends that this structure undermines the perception of independence, which she identifies as core to the existence of any integrity agency. She notes that there is no legislative requirement for the position to be publicly advertised, and the only qualification is being a former judge or a practising lawyer for at least five years. She argues this fails to capture the gravitas required for the role.

The article highlights that other Australian jurisdictions employ more independent appointment processes. In Queensland, Western Australia, and the ACT, anti-corruption chiefs require bipartisan support, with executive government not involved in the process. In Victoria, New South Wales, South Australia, and Tasmania, appointments are controlled by the executive but subject to a veto by a parliamentary committee not controlled by the government.

To restore public confidence, Glass advocates for reconstituting the joint committee with a non-government majority. She proposes that the committee should set appropriate qualifications, ensure merit-based selection through public advertising, and utilise an independent selection panel to approve the preferred candidate.

Glass draws on her own experience, noting she was appointed as Victorian Ombudsman by a Liberal government shortly before it was defeated in 2014. Despite having no political affiliation, she was regarded by some as a partisan appointee, illustrating the political nature of such selections. She emphasises that while integrity agencies will never win popularity contests, a transparent selection process is essential for their legitimacy.

The specific reasons for Brereton’s resignation are not detailed in the source material, nor is there information on whether the Attorney-General has announced a timeline or candidates for the new commissioner. Glass’s commentary focuses on the structural reforms needed to ensure the next appointment is perceived as independent and robust.