Top team for National Anti-Corruption Commission

The former head of the inquiry into war crimes committed in Afghanistan, Paul Brereton, has been appointed the inaugural National Anti-Corruption Commissioner.

National Anti-Corruption Commissioner Paul Brereton.

The former head of the inquiry into war crimes committed in Afghanistan, NSW Court of Appeal judge Paul Brereton, has been appointed the inaugural National Anti-Corruption Commissioner, with the government confirming the body will commence investigations into cases of corrupt conduct by the middle of the year.

Federal Attorney-General Mark Dreyfus revealed on Wednesday Justice Brereton had been appointed alongside two deputy commissioners – Austrac chief executive Nicole Rose and Disability Discrimination Commissioner Ben Gauntlett.

NSW Independent Commission Against Corruption chief executive Philip Reed will join the NACC as its chief executive, while the head for the Australian Commission for Law Enforcement Integrity, Jaala Hinchcliffe, will serve as an interim deputy commissioner for 12 months or until a substantive deputy commissioner is appointed.

ICAC inspector Gail Furness has been appointed as the NACC’s inspector.

Justice Brereton came to prominence in 2020 when he handed down the findings of a special four-year inquiry into war crimes committed by Australian Special Forces soldiers in Afghanistan, which found “credible evidence” soldiers were involved in the murder of 39 Afghan civilians.

The landmark report recommended investigations into a number of soldiers and a close look at the culture of cover-up within defence’s ranks.

Mr Dreyfus said Justice Brereton was “one of Australia’s most experienced investigators”.

Disability Discrimination Commissioner Ben Gauntlett. Picture: Sam Ruttyn

Austrac chief executive Nicole Rose. Picture: NCA NewsWire / Gary Ramage

“Justice Brereton is a judge of the NSW Court of Appeal, the ­Assistant Inspector-General of the Australian Defence Force and holds a commission as a Major General in the Australian Defence Force Reserves,” Mr Dreyfus said on Wednesday.

“Justice Brereton has a wealth of experience leading complex and sensitive investigations.”

Mr Dreyfus said the Brereton Report was “an extraordinarily difficult and long-running inquiry” and he expected the NACC would at times encounter its own such difficulties.

“We know … Paul Brereton … is a man of the calibre that we need to conduct that kind of really difficult investigation,” he said.

All appointments require the final approval of the Governor-General, which is understood to be a formality.

Mr Dreyfus said the candidates were selected through a “merit-based selection process” and hosed down concerns that the anti-corruption – which was legislated in December – could lead to reputational damage of those it investigated.

“This is an independent commission. I think that the legislation that we passed through the parliament, which was supported across the parliament, is the best possible model and I’m looking forward to the commission commencing its operations,” he said.

It comes after the government faced pushback from the crossbench and some legal experts for including a caveat in the NACC legislation, which would allow public hearings only in “exceptional circumstances”.

Mr Dreyfus confirmed he expected Justice Brereton and his team to begin investigations by the middle of the year.