NACC Commissioner Resignation: Concerns Over Independence in Appointment Process

The resignation of NACC Commissioner Paul Brereton, amidst criticisms of the commission’s performance, raises crucial questions about the independence of the process to select his replacement. The current system, where the attorney general appoints the commissioner with approval from a government-controlled joint committee, undermines perceived independence. Unlike some Australian states (Queensland, Western Australia, ACT) that ensure bipartisan support or exclude executive involvement in appointing anti-corruption chiefs, the federal process is heavily influenced by the governing party.

The author, a former Victorian ombudsman, highlights the challenges of leading an integrity agency, including making unpopular decisions and dealing with constrained information. They argue that perception of independence is vital and that the current appointment process compromises this. The lack of a public advertisement requirement for the NACC commissioner position further raises concerns about merit-based selection.

To restore public confidence, the author proposes a transparent, merit-based process. This could involve reconstituting the joint committee with a non-government majority, setting clear qualifications, publicly advertising the role, and using an independent selection panel. Such reforms would align with more independent processes used in some states and could help ensure the next commissioner is seen as truly independent and capable of uncovering uncomfortable truths, driven by a strong public interest mandate.