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Labor urged to use anti-corruption commission appointment to restore public confidence in watchdog | National Anti-Corruption Commission

One of the key architects of the National Anti-Corruption Commission is urging the Albanian government to use an existing vacancy to restore public trust in the watchdog, saying parliament should consider new, merit-based and independent selection processes for major appointments.

Independent MP Helen Haines, who helped draft the legislation to establish the NAcc, sits on parliament’s oversight committee. He said the “clock is ticking” to replace deputy commissioner Nicole Rose, who announced her resignation this month.

Rose is moving abroad and will finish her job this month without taking some time off.

Haines said replacing Rose through an open and transparent process would help parliament’s Nacc joint committee fulfill its role of reviewing and approving appointments.

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“The recruitment of a new deputy commissioner is a critical opportunity for the government to strengthen public confidence in the National Anti-Corruption Commission,” Haines told Guardian Australia.

Haines made only rare comments about Nacc’s operations because of his oversight responsibilities.

A regulatory review of Nacc’s early operation is expected in 2027. This would follow a controversial first five years, including criticism over commissioner Paul Brereton’s external work for Defense and his handling of guidance on Nacc’s illegal direct debit scheme.

The Nacc’s initial decision not to investigate was heavily criticized, with the watchdog receiving more than 1,000 complaints.

Nacc investigator Gail Furness published a report in October 2024 which found Brereton was “affected by bias” and should “remove himself from relevant decision-making processes and limit his exposure to relevant factual information”.

The report revealed Brereton had appointed an MP as a delegate to decide on referrals to the Nacc due to a perceived conflict of interest with one of his declared individuals. Nacc noted that the report “contains no findings of intentional inaccuracy or other impropriety.”

While serving as Nacc commissioner, Brereton completed consultancy work for the inspector general of the Australian defense force; This was linked to his former role leading an investigation into alleged war crimes involving Australian troops in Afghanistan.

Haines said Labor should appoint a new commissioner through a “transparent, merit-based process that Australians can trust”.

“This is an important moment to show Australians that appointments to the Nacc are made transparently and rigorously,” he said.

“Australians need to understand what skills and experience are required for the position, as well as how candidates will be assessed and how conflicts of interest will be declared.

“The appointment process must be seamless and the appointment process must be as transparent as the public expects from the Nacc.”

The role of the parliamentary joint committee in reviewing and approving appointments is set out in the current legislation of the NAcc.

“In the longer term, it is time to consider whether an independent, merit-based process should be enacted for all senior appointments to the Nacc,” Haines said.

“The clock is ticking as Ms. Rose has been on leave since the end of May and her acting appointment has not been announced. It is important that there is sufficient time for a thorough and considered selection process.”

Nacc’s latest public update revealed it had conducted 29 preliminary investigations and 36 corruption investigations. Four Nacc cases were currently in the courts, and as a result of the investigations, 11 convictions had been obtained so far.

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