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Paul Brereton has come under sustained pressure over his handling of possible conflicts. (ABC News: Ian Cutmore)

The NACC inspector has written to the parliamentary group that oversees the federal integrity body to announce she will carry out an official investigation to determine whether the National Anti Corruption Commission Act has been breached by the NACC or its chief commissioner over his defence ties.

Gail Furness's letter says the information she has received from the body "warrants an agency maladministration or officer misconduct investigation".

Both Ms Furness and the NACC will appear before Senate estimates this afternoon.

Link copiedShareShare articleThe body responsible for holding the federal integrity watchdog to account will formally investigate it for agency maladministration and its chief, Paul Brereton, for officer misconduct over his defence ties. 

National Anti-Corruption Commission (NACC) inspector Gail Furness wrote to the parliamentary body that oversees the NACC on Friday to alert it to the development.

"I write to advise you that I have decided to investigate the complaints I have received about the NACC Commissioner's involvement in defence-related referrals and the Commissioner's ongoing role with the IGADF as complaints of agency maladministration or officer misconduct under s184(1)(e) of the National Anti-Corruption Commission Act 2022," she wrote.

The ABC revealed last year that Mr Brereton was granted an age extension to continue to consult for the body that carried out the Afghanistan War Crimes Inquiry and did so on the NACC's time without the knowledge of the corruption watchdog or government.

This work was only formally disclosed to Attorney-General Michelle Rowland on October 22 after media reporting prompted her to take the rare step of issuing a "please explain" letter to the commissioner, asking why he did not "adequately disclose" his ongoing work with the ADF and to correct the record.

Attorney-General Michelle Rowland asked Paul Brereton to explain why his ongoing ties to Defence had not been "adequately" disclosed in a letter sent last year.

Mr Brereton's original declaration, submitted on September 16 of last year, made no mention of the continued advice, nor did his declarations from 2023 and 2024.

Mr Brereton later announced he would recuse himself from all defence matters in October of last year to allay any concerns — a move his deputy commissioners said they felt had become "non-negotiable".

Greens senator David Shoebridge told the ABC it was time for the Albanese government to "work with parliament to remove Mr Brereton, and then start rebuilding trust in NACC".

"This is the second time that the conduct and behaviour of the NACC commissioner has triggered a formal investigation by the inspector. The last time was the Robodebt scandal," Mr Shoebridge said.

"The inspector has seen critical evidence from inside the NACC and has now announced it is serious enough to trigger a full investigation.

"Last week the government backed in Commissioner Brereton, saying he had their full confidence. That decision by Labor looks completely reckless today.

A letter from Mark Dreyfus to Paul Brereton provides new insight into the expectations set for the inaugural chief of the anti-corruption watchdog.

"NACC is meant to be spending its time and resources investigating integrity issues, not being constantly investigated for integrity issues."

It is indeed the second time Ms Furness has launched an official investigation into Mr Brereton.

She previously made a finding of officer misconduct against him for failing to adequately manage a declared conflict of interest in relation to a past professional association with someone referred to the NACC over the Robodebt scandal.

The NACC's chief executive, Philip Reed, and Ms Furness will appear before Senate estimates hearings this afternoon. Mr Brereton is not required to attend.

A spokesperson for the Attorney-General told the ABC the government had legislated an independent anti-corruption commission with strong oversight.

"That oversight is working as intended," they said. "The Government continues to support the important work undertaken by the Commission and its Commissioners to detect and deter corruption."

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