The perceived conflict that resulted in the anti-corruption commissioner, Paul Brereton, recusing himself from decisions on robodebt referrals was an apparent “close association” relating to his service in the army reserve.
That detail is contained in a more complete version of the national anti-corruption commissioner’s “declaration of material personal interests” sent to the attorney general, Mark Dreyfus, and released by the Nacc to Guardian Australia.
Although final decisions on robodebt were delegated to a deputy commissioner, the Nacc confirmed that commissioner Brereton nevertheless “contributed his own views on some issues when requested or when he considered appropriate”.
In June 2024 the Nacc said it would not pursue an investigation into six individuals referred by the robodebt royal commission due to separate public service investigations being carried out into five of them.
Brereton delegated the decision not to pursue an investigation “to avoid any possible perception of a conflict of interest”, the first details of which were revealed last week.
A fuller version of the 11 August 2023 letter to Dreyfus, now released to Guardian Australia, revealed the “close association” that resulted in Brereton relinquishing the robodebt decision appears linked to his time in the ADF reserve.
Brereton disclosed ADF reserve affiliations including the royal New South Wales regiment and his roles as honorary colonel commandant of the University of New South Wales regiment and member of the regimental council of Sydney University regiment.
“Should a matter potentially affecting the interests of an individual with whom I have had or have a close association, or a unit or agency with which I have an affiliation, come before the commission, I would recuse myself from decision-making in respect of that matter,” he advised the attorney general.
Brereton noted “in particular” he had disclosed at a Nacc meeting in July 2023 he had a “close association” with one individual – whose name was redacted from the document – who may be the subject of a referral.
The Nacc said it “will not confirm, deny or otherwise comment on speculation” about the identity of the six individuals referred by the robodebt royal commission.
The Nacc said Brereton had disclosed the perceived conflict “promptly, explicitly and repeatedly” including on 3 July 2023, in an email on 7 July 2023, in the Dreyfus letter and at “the senior assessment panel” on 19 October 2023.
Brereton had “a legitimate and important interest in the legal, policy, systems and resourcing issues raised by the robodebt royal commission referrals”, the Nacc said.
“It was therefore necessary to manage the conflict, so as to ensure that the commission’s decision was unaffected by it.”
“Here, the conflict was managed by delegating responsibility for making the decision to an experienced deputy commissioner, who had no conflict.”
The Nacc said Brereton “retained visibility of significant steps taken” in relation to the robodebt royal commission referrals, and “contributed his own views on some issues when requested or when he considered appropriate”.
“At the senior assessment panel meeting on 19 October 2023, the commissioner contributed to the initial discussion of some of the issues, and then left the meeting when the time came to consider the decision to be made.
“The commissioner was not present when the decision was made.”
