MP urges merit-based Nacc appointments to restore public confidence

A key architect of the National Anti-Corruption Commission says parliament should consider new merit-based and independent selection processes for major appointments, urging the Albanese government to use an existing vacancy to restore public confidence in the watchdog.

Independent MP Helen Haines, who helped craft legislation to establish the Nacc, sits on its parliamentary oversight committee. She said “the clock is ticking” on replacing deputy commissioner Nicole Rose, who announced her resignation this month.

Rose is relocating overseas and will finish in the job this month before taking a period of leave.

Haines said replacing Rose through a clear and transparent process would assist parliament’s joint committee on the Nacc to fulfil its role of reviewing and approving appointments.

“Recruitment for a new deputy commissioner is a critical opportunity for the government to strengthen public confidence in the National Anti-Corruption Commission,” Haines told Guardian Australia.

Haines has made only rare comments on the Nacc’s operations, due to her responsibilities regarding its oversight.

A statutory review of Nacc’s early operation is expected in 2027. It will follow a controversial first five years, including criticism about commissioner Paul Brereton’s external work for Defence and the Nacc’s handling of referrals related to the illegal robodebt scheme.

The Nacc’s original decision not to investigate was heavily criticised, with the watchdog receiving more than 1,000 complaints.

The Nacc inspector, Gail Furness, released a report in October 2024 finding that Brereton was “affected by apprehended bias” and should have “removed himself from related decision-making processes and limited his exposure to the relevant factual information”.

The report found Brereton had appointed a deputy as a delegate to decide referrals to the Nacc, due to a perceived conflict of interest with one of the individuals, which he declared. The Nacc noted the report contained “no finding of intentional wrongdoing or other impropriety”.

Brereton has completed consulting work for the inspector general of the Australian defence force while serving as Nacc commissioner, related to his former position leading an inquiry into alleged war crimes involving Australian troops in Afghanistan.

Haines said Labor must appoint a new commissioner through “a transparent, merit-based process that Australians can have confidence in”.

“This is an important moment to show Australians that appointments to the Nacc are being handled in a transparent and rigorous way,” she said.

“Australians should understand what skills and experience are required for the role, as well as how candidates will be assessed and conflicts of interest declared.

“The appointment process should be beyond reproach and the process of appointments should be as transparent as the public expects of the Nacc itself.”

The parliamentary joint committee’s role in reviewing and approving appointments is set out in the Nacc’s governing legislation.

“In the longer term, it is time to consider whether an independent, merit-based process should be legislated for all senior appointments to the Nacc,” Haines said.

“The clock is ticking, with Ms Rose taking leave from late May and no acting appointment announced. It’s important there is sufficient time for a thorough and considered selection process.”

The Nacc’s most recent public update revealed that it was conducting 29 preliminary investigations and 36 corruption investigations. Four Nacc matters were currently before the courts and 11 convictions had been secured as a result of its investigations so far.