Robert McClelland named new corruption watchdog chief after Brereton resignation

Former Labor attorney-general and judge Robert McClelland is set to become the new head of the National Anti-Corruption Committee (NACC), after a turbulent first few years for the federal anti-corruption watchdog.

The attorney-general's office said it had recommended the governor-general appoint Deputy Chief Justice McClelland as the new commissioner of the NACC, and Christopher Savundra as his deputy.

The inaugural NACC commissioner, Paul Brereton, resigned in May after sustained scrutiny over his handling of conflicts of interest and his links to the defence force.

The NACC, a key pillar in Labor's election promises to enhance government transparency and accountability, has been embroiled in controversy surrounding its former chief.

Robert McClelland is currently deputy chief justice of the Federal Circuit and Family Court of Australia.

He was the nation's first law officer under the Rudd government from 2007 to 2011, before he was removed from the attorney-general portfolio under Julia Gillard's leadership into a less senior cabinet position. 

He served as the Labor member for Barton in NSW between 1996 to 2013, resigning at the 2013 election.

Justice McClelland was first appointed as a judge to the Family Court of Australia by former Liberal attorney-general George Brandis in 2015 and elevated to his current role by Mr Brandis's successor Christian Porter in 2018.

Mr Savundra has held a range of senior positions at the Australian Securities and Investments Commission (ASIC) since 2010.

He is currently ASIC's executive director of enforcement and compliance.

In a statement, Attorney-General Michelle Rowland congratulated the pair.

"I have confidence in their ability to contribute to its important work to enhance integrity across the Commonwealth public sector," she said.

Her statement described the roles as "key leadership positions in the NACC, responsible for promoting public confidence in the agency, setting its strategic direction, and discharging its important mandate".

Former commissioner's misconduct

The new proposed appointments come after Mr Brereton stepped down in May. 

In 2024, Mr Brereton was found to have engaged in officer misconduct after the NACC's decision not to investigate referrals from the Robodebt royal commission.

A report from the NACC's inspector found that while Mr Brereton had declared a "close association" with one of the people referred to the watchdog and then delegated decision-making to one of his deputies, he should have removed himself entirely from the process.

An ABC investigation found Mr Brereton, while heading the anti-corruption watchdog, had continued providing "critical" capability to the Inspector-General of the Australian Defence Force (IGADF) in relation to the Afghanistan war crimes inquiry he led, despite assurances he had resigned from the defence role.

Mr Brereton was twice granted extensions to keep his army membership beyond the mandatory retirement age, defence documents showed.

In July this year, the NACC inspector Gail Furnes said the watchdog would not proceed with two investigations into Mr Brereton, declaring the process too costly for the public purse and that systemic issues had been resolved.

The government said Deputy Chief Justice McClelland and Mr Savundra were appointed through a "competitive and merit-based selection process".

Independent MP Helen Haines, who is also deputy chair of the Parliamentary Joint Committee on the NACC, said she looked forward to working with the new leadership team. 

"The National Anti-Corruption Commission needed a reset,"

Ms Haines said.

"The proposed appointments are an opportunity to rebuild public confidence and ensure the Commission can do its job with independence, credibility and integrity."

Both men have been approved by the Parliamentary Joint Committee on the NACC for five-year terms, beginning from January 11 next year. 

Acting NACC commissioner Kylie Kilgour and acting deputies Jamie Lowe and Penny Shakespeare will continue in their roles until then.