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Appendix 1
Compliance with reporting requirements
Each annual report must be prepared in accordance with
reporting requirements set out in the organisation's founding legislation (the LEIC
Act) and the relevant regulations formed under this Act—the Law Enforcement
Integrity Commissioner Regulations 2006 (the LEIC Regulations). In
addition, as a matter of policy, each annual report should comply with the
reporting requirements set out in the Joint Committee of Public Accounts and
Audit approved guidelines: Requirements for Annual Reports.
A comprehensive compliance index is included in the annual report
and cross-references compliance with these requirements.[1]
Each requirement is described in brief below.
ACLEI's legislation
The annual reporting requirements for ACLEI are set out in
section 201 of the LEIC Act and require that the Integrity Commissioner
provides the Minister—for presentation to the Parliament—a report on the
performance of the Integrity Commissioner's functions during each financial
year.
Section 201 states that annual report must include the
following:
(a) the prescribed
particulars of:
(i) corruption issues
notified to the Integrity Commissioner under section 19 during the financial
year; and
(ii) corruption issues
raised by allegations or information referred to the Integrity Commissioner
under sections 18 and 23 during that year; and
(iii) corruption issues
dealt with by the Integrity Commissioner on his or her own initiative during
that year; and
(iv) corruption issues
investigated by the Integrity Commissioner during that year; and
(v) corruption issues that
the Integrity Commissioner referred to a government agency for investigation
during that year; and
(vi) ACLEI corruption issues
investigated during that year; and
(vii) certificates issued
under section 149 during that year;
(b) a description of
investigations conducted by the Integrity Commissioner during the financial
year that the Integrity Commissioner considers raise significant issues or
developments in law enforcement;
(c) a description, which may
include statistics, of any patterns or trends, and the nature and scope, of
corruption in:
(i) law enforcement
agencies; and
(ii) other Commonwealth
government agencies that have law enforcement functions; that have come to the
Integrity Commissioner’s attention during that year in the performance of his
or her functions;
(d) any recommendations for
changes to:
(i) the laws of the
Commonwealth; or
(ii) administrative
practices of Commonwealth government agencies; that the Integrity Commissioner,
as a result of performing his or her functions during that year, considers
should be made;
(e) the extent to which
investigations by the Integrity Commissioner have resulted in the prosecution
in that year of persons for offences;
(f) the extent to which
investigations by the Integrity Commissioner have resulted in confiscation
proceedings in that year;
(g) details of the number
and results of:
(i) applications made to
the Federal Court or the Federal Magistrates Court under the Administrative
Decisions (Judicial Review) Act 1977 for orders of review in respect of
matters arising under this Act; and
(ii) other
court proceedings involving the Integrity Commissioner; being applications and
proceedings that were determined, or otherwise disposed of, during that year.
Law Enforcement Integrity Commissioner
Regulations 2006
Regulations 17 to 23 set out the prescribed particulars of
the corruption issues outlined in section 201(2) of the LEIC Act.
Joint Committee of Public Accounts
and Audit approved guidelines
Each year the Department of Prime Minister and Cabinet
publish Requirements for Annual Reports.[2]
These annual reporting requirements are approved by the Joint Committee of
Public Accounts and Audits under sub-sections 63(2) and 70(2) of the Public
Service Act 1999. The requirements cover a range of mandatory and suggested
matters.
Financial Management and
Accountability Act 1997
The Financial Management and Accountability Act 1997
(FMA Act) sets out the framework for the proper management of public money and
public property by the Executive arm of the Commonwealth. Under section 49 of
the FMA Act the chief executive is required to prepare annual financial
statements in accordance with the Finance Minister's Orders (FMOs), including
the Australian Accounting Standards.
It was the Auditor's opinion that the financial statements
were prepared in accordance with the FMOs and give a 'true and fair view' of
ACLEI's financial position and as at 30 June 2012 and of its financial
performance and cash flows for the year then ended'.[3]
Compliance with other government
requirements
In addition to the above annual reporting obligations, ACLEI
has fulfilled the following requirements:
- Publishing of information under Section 8 of the Freedom of
Information Act 1982;
- Reporting on contracts with greater than $100 000 value in
accordance with the Senate Order for Departmental and Agency Contracts;[4]
- Listing of file titles in accordance with the Senate Order for
the Production of Indexed Lists of Departmental and Agency Files;[5]
and
- Recording of legal services expenditure in accordance with the Legal
Services Directions 2005, issued by the Attorney-General under the
Judiciary Act 1903.[6]
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