Paul Brereton has been appointed as commissioner for the national anti-corruption watchdog, which will begin its operations from the middle of this year.
Justice Brereton led the inquiry into allegations of war crimes by Australian soldiers in Afghanistan, and was most recently serving on the NSW Court of Appeal.
He will be joined at the National Anti-Corruption Commission (NACC) by deputy commissioners Nicole Rose and Ben Gauntlett, with senior barrister Gail Furness SC to act as inspector.
Ms Rose was most recently the chief executive of financial watchdog AUSTRAC, and Dr Gauntlett was at the Human Rights Commission as disability discrimination commissioner.
The NACC will be run by chief executive Phillip Reed, who was most recently the CEO of NSW's anti-corruption commission.
Attorney-General Mark Dreyfus said the appointments had been made in accordance with the government's merit and transparency policy, and with the approval by the parliament's joint committee responsible for overseeing the NACC.
Justice Brereton, a 65-year-old major general in the Army Reserves, called out the culture within Australia's special forces, labelling it a problematic "warrior culture".
His landmark report, released more than two years ago, recommended the further investigation of 19 soldiers over the alleged murder of 39 prisoners and civilians.
Mr Dreyfus suggested Justice Brereton’s experience running the Inspector General of the Australian Defence Force’s inquiry into conduct in Afghanistan made him an attractive pick.
"That was, by any measure, an extraordinarily difficult, long-running inquiry and investigation, with a great deal of difficulty in getting people to come forward, a great deal of difficulty in obtaining evidence," he told the ABC.
"I expect that, from time to time, the National Anti-Corruption Commission will encounter such difficulties.
"So we know in a sense about Paul Brereton that he's the man of the calibre that we need to conduct that kind of really difficult investigation."
Dreyfus says it will be up to Brereton whether hearings will be public
One of the most contentious elements of the NACC is whether it will allow for public hearings.
The Coalition had railed against state models, particularly the NSW ICAC, for holding open hearings, with former prime minister Scott Morrison regularly labelling it a "kangaroo court".
On whether Justice Brereton had given him any hints as to his stance on throwing open the NACC’s doors, the Attorney-General said the commissioner's discretion was clear.
"Justice Brereton was interviewed by an independent panel — that was the way in which the merit-based selection process ran, they made recommendations to me," he said.
"And so I have not had a discussion, nor would I have a discussion, with the commissioner-designate as to how he's going to exercise his discretion, which is there in the legislation, to hold a public hearing when appropriate."
Jaala Hinchcliffe, who leads the Commission for Law Enforcement Integrity, which is being subsumed into the NACC, will also serve as an interim deputy commissioner until a third appointment is made.
