Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

My question is for the Minister representing the Attorney-General. After four years and with well-resourced staff and access, Major General Brereton found that a number of issues and rumours of war crimes emerged from Special Operations Command after Operation Slipper concluded in 2014. Consistent media reporting and evidence before a defamation trial showed that such rumours were prevalent in Special Operations Command and through the chain of command well before 2014. Is the minister confident that Major General Brereton in his new role as the head of the National Anti-Corruption Commission can sit on corruption matters involving Defence and senior ADF officers free of any apprehended bias and apparent conflict of interest?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Lambie. I guess the short answer is that the government is confident in its appointment of Major General Brereton to this important role as the head of the new national corruption commission, a body that is sorely needed in this country and has been sorely needed for many years despite the intransigence of the coalition in refusing to actually establish it. But I think all of us have been very concerned about the allegations that have come to light recently partly in response to some recent defamation actions but also more generally as a result of the investigations from the Office of the Special Investigator.

Senator Lambie, as I think you are aware, the Office of the Special Investigator is continuing to work with the Australian Federal Police to investigate those allegations of war crimes by members of the Australian Defence Force in Afghanistan from 2005 to 2016. They are extremely serious allegations that deserve to be properly, independently and fairly investigated. The OSI is one element of the broader response to the Inspector-General of the Australian Defence Forces' Afghanistan inquiry report, or the Brereton report. I don't propose to comment on investigations or inquiries that have been undertaken by the AFP, the OSI or the Inspector-General of the Australian Defence Force, but these are very serious matters that deserve proper investigation.

The Attorney-General, the government and I have confidence in Major General Brereton to head up this organisation. We hope that he has the full support of the Australian community in rooting out any form of corruption that exists within the Australian government. There have obviously been a range of allegations that have come to light in that respect over the last few months as well, and they deserve to be properly investigated.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Lambie, a first supplementary question?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

A government appointed oversight panel described Major General Brereton's exoneration of senior commanders as 'blanket exemptions' from command responsibility. International criminal lawyers and legal academics have consistently rebutted these blanket exemptions. Will the minister provide a guarantee that Major General Brereton will excuse himself from hearing corruption matters involving senior Defence officials and senior ADF officers to avoid suggestions of apprehended bias or a conflict of interest?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

ator WATT (—) (): Thank you, Senator Lambie. Again, I have confidence in Major General Brereton not just as a distinguished figured within the military but also as a very experienced lawyer that he will follow all obligations he has in terms of conflicts of interest, as would any member of the national corruption commission, once it gets up and running. I'm not particularly familiar with the report that you're talking about, being the representing minister, but I have full confidence that Major General Brereton will do the right thing in considering any possible conflict of interest that he might have.

We take the role of the new national corruption commission extremely seriously. It's long overdue. It should have been up and running years ago. The former government committed to introducing one and never got around to it. Senator Cash was the Attorney-General for much of that period and failed to progress that. I'm very pleased that we will have a corruption commission and— (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Lambie, a second supplementary question?

Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Link to this | Hansard source

Having heard clear evidence of conflicts of interest involving ADF senior leadership, including as recently as the last estimates hearings, where we learned the CDF marked his own homework, how can the minister be confident that such exemptions won't be applied by Major General Brereton to Defence officials and senior ADF officers or his mates appearing before the National Anti-Corruption Commission?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you again, Senator Lambie. In terms of the issue relating to medals that you've raised—and I know this is something you're very interested in, Senator Lambie, and you've pursued it in estimates as well—as I'm sure you're aware, the Chief of the Defence Force has provided his recommendations on command accountability to the Deputy Prime Minister. The Deputy Prime Minister, in his capacity as Minister for Defence, is considering those recommendations and seeking advice as appropriate.

But to the broader issue about potential conflicts of interest involving Major General and Justice Brereton, Justice Brereton will resign his judicial appointment and his appointment as Assistant Inspector-General of the Australian Defence Force before taking up his role as the commissioner of the NACC. He will retain his position as Major General in the ADF reserves and honorary appointments as Colonel Commander of the Royal New South Wales Regiment and the University of New South Wales Regiment. Justice Brereton will actively manage any perceived or actual conflict of interest that arises in the course of his duties from his prior roles—for example, by delegating the relevant matter to a deputy commissioner. (Time expired)