1.1
The Australian Commission for Law Enforcement Integrity (ACLEI) was established by the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act) and commenced operation on 30 December 2006. The LEIC Act established the Office of the Integrity Commissioner, supported by a statutory authority, ACLEI.
1.2
The objectives of the LEIC Act, as set out in section 3, are to:
facilitate the detection of corrupt conduct in law enforcement agencies;
facilitate the investigation of corruption issues that relate to law enforcement agencies;
enable criminal offences to be prosecuted, and civil penalty proceedings to be brought, following those investigations;
prevent corrupt conduct in law enforcement agencies; and
maintain and improve the integrity of staff members of law enforcement agencies.
1.3
The Annual Report of the Integrity Commissioner 2017–18 (Annual Report 2017–18) was presented to the Attorney-General, the Hon. Christian Porter MP, on 2 October 2018. It was tabled in the Senate on 12 November 2018 and in the House of Representatives on 22 October 2018.
Requirements for annual reports
1.4
Section 201 of the LEIC Act requires ACLEI's annual reports to provide details of a range of matters, including:
corruption issues that have come to the Integrity Commissioner via: notifications from heads of law enforcement agencies; referrals from the minister; and referrals from other people;
corruption issues that the Integrity Commissioner has: dealt with on his or her own initiative; investigated; or referred to a government agency for investigation;
corruption issues investigated over the year and certificates issued under section 149 during the year;
investigations conducted that 'raise significant issues or developments in law enforcement' and the extent to which ACLEI investigations have resulted in prosecutions or confiscation proceedings;
trends and patterns including the nature and scope of corruption in law enforcement and other Commonwealth agencies that have law enforcement functions; and
recommendations for changes to Commonwealth laws or administrative practices of Commonwealth government agencies.
1.5
The Annual Report 2017–18 includes an index that provides a guide to the report's compliance with the requirements set out under section 201 of the LEIC Act and associated regulations, as well as the requirements set out under section 46 of the Public Governance, Performance and Accountability Act 2013 (including the Public Governance, Performance and Accountability Rule 2014).
1.6
The committee is satisfied that ACLEI has fulfilled its annual reporting obligations under the LEIC Act and other requirements as set out in the compliance index of the Annual Report 2017–18.
Requirements for the examination of annual reports
1.7
Paragraph 215(1)(c) of the LEIC Act requires the committee to examine:
each annual report prepared by the Integrity Commissioner;
any special report prepared by the Integrity Commissioner; and
report to the Parliament on any matter appearing in, or arising out of, any such annual report or special report.
Requirements for special reports
1.8
Under section 204 of the LEIC Act, the Integrity Commissioner may prepare special reports that relate to the operations of the Integrity Commissioner or any matter in connection with the performance of the Integrity Commissioner's powers or functions under the LEIC Act.
1.9
In its report on ACLEI's Annual Report 2010–11, the committee suggested that future ACLEI annual reports 'clearly state whether any special reports have been provided to the Minister and make an appropriate reference in the compliance index'. ACLEI has adopted this suggestion.
1.10
The Annual Report 2017–18 states that the Integrity Commissioner prepared no special reports during the relevant year.
Corrections to the Annual Report
1.11
On 28 October 2019, Mr Craig Furry, Executive Director Secretariat, ACLEI, advised of amendments to the data contained in the Annual Report 2017–18 which were identified in the course of the preparation of the Annual Report 2018–19 and reflect current case management system information. Mr Furry explained that '[i]ndividual records in the case management system can be amended over time to rectify identified data entry errors introduced when the records were originally created'. Details on those amendments are captured in chapter two.
New Commissioner
1.12
As of 10 February 2020, Ms Jaala Hinchcliffe is the Integrity Commissioner and head of the Australian Commission for Law Enforcement Integrity. References in this report to the Integrity Commissioner reflect that Mr Michael Griffin AM was the Integrity Commissioner at time of report drafting and public hearings for this inquiry.
Conduct of the inquiry
1.13
The committee held a public hearing to examine the Annual Report 2017–18 on 20 September 2019. During the hearing, the committee heard evidence from the Integrity Commissioner, Mr Michael Griffin AM and other ACLEI officers. A list of witnesses is provided in Appendix 1.
Acknowledgement
1.14
The committee acknowledges ACLEI's ongoing co-operation and engagement with the committee.