Footnotes

CHAPTER 1

[1]        Section 149 provides that the Attorney-General may certify that disclosure of information about a matter specified in the certificate or the contents of a document specified in a certificate 'would be contrary to the public interest' on the grounds that the disclosure would prejudice the conduct of an investigation or inquiry in crime or criminal activity or for other reasons as set out in subsection 149(2) of the LEIC Act.

[2]        PJC-ACLEI, Examination of the Annual Report of the Integrity Commissioner 2010-11, p. 2.

[3]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 81.

CHAPTER 2

[1]        Explanatory Memorandum, Law Enforcement Integrity Commissioner Bill 2006, p. 1.

[2]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 20.

[3]        PJC-ACLEI, Inquiry into the Operation of the Law Enforcement Integrity Commissioner Act 2006 – Interim Report, February 2010, Recommendations 2 and 3, p. vii, http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Australian_Commission_for_Law_Enforcement_Integrity/Completed_inquiries/2010-13/integrity_com_act/interim_report/index(accessed 22 November 2012).

[4]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 1.

[5]        This measure responds to the committee's recommendation 3 in its inquiry interim report into the LEIC Act. PJC-ACLEI, Operation of the Law Enforcement Integrity Commissioner Act 2006 – Interim Report, February 2010. The Crimes Legislation Amendment Act (No.2) 2011 received Royal Assent on 5 December 2011 and commenced the following day.

[6]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 2.

[7]        Responding to the committee's third recommendation in its interim report, this amendment makes it clear that it is lawful for Customs and Border Protection staff to report suspected corrupt conduct to the Integrity Commissioner. PJC-ACLEI, Inquiry into the Operation of the Law Enforcement Integrity Commissioner Act 2006 – Interim Report, February 2010. 

[8]        This measure responds to recommendation 5 of the committee's Inquiry into the Operation of the Law Enforcement Integrity Commissioner Act 2006 – Final Report, July 2011.

[9]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 2.

[10]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 2.

[11]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 3.

[12]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, pp 21-22.

[13]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 8.

[14]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 8.

[15]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, pp 19 and 85.

[16]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 26.

[17]      Mr Stephen Hayward, Executive Director Operations, ACLEI, Committee Hansard, 5 December 2012, p. 5.

[18]      Mr Peter Hamburger PSM conducted a second review in 2012 focused on the extension of ACLEI's jurisdiction to include ACBPS. The first review conducted in 2011 was titled '2011 Review of ACLEI's capabilities, operating arrangements and resources'. This report and the ACLEI 2011-12 annual report focus on the 2012 Hamburger Review.

[19]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 30.

[20]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 5.

[21]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 44.

[22]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 45.

[23]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 44.

[24]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 46.

[25]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 8.

[26]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 18.

[27]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 30.

[28]      The Attorney-General's Department was reimbursed the cost of the study which amounted to $29,964.

[29]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 33.

[30]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 44.

[31]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 10.

[32]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 31.

[33]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 31.

[34]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 31.

[35]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 31.

[36]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 33.

[37]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 33.

[38]      The alternative figure is 66 notifications net of duplicates or information about a corruption issue provided by more than one source.

[39]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, pp 34-35.

[40]      In describing its performance in relation to this measure, ACLEI highlighted that the assessments and prioritisation process 'includes factors such as: reliability of information; susceptibility of the issue to investigation; opportunity for real-time evidence collection; and seriousness and impact of the issue'. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 36.

[41]      Sixty-five of 97 completed assessments amounts to 63 per cent completed within the 90 day timeframe compared to 76 per cent in 2010-11 and 60 per cent in 2009-10.

[42]      The 2010-11 result had been an improvement on previous years. In 2009-10, ACLEI achieved 60 per cent and in 2008-09, 26 per cent. PJC-ACLEI, Examination of the Annual Report of the Integrity Commissioner 2010-11, March 2012, p. 5.

[43]      The annual report also notes that there were 32 corruption issues in the assessment phase (up from 11 in 2010-11) at the close of the reporting period. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 75.

[44]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 36.

[45]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 36.

[46]      Staff trained included secondees and 'authorised officers'. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 38.

[47]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 38.

[48]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 39.

[49]      ACLEI may refer corruption issues for internal investigation by the ACC, ACBPS or the AFP, or ask the AFP to investigate corruption issues relating to the two other agencies. At the completion of an investigation, the agency head provides a report to the Integrity Commissioner who may make recommendations and comments in relation to the investigation or outcome. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 39.

[50]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 40.

[51]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 41.

[52]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 43.

[53]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 44.

CHAPTER 3

[1]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 25 November 2011, p. 2.

[2]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 4.

[3]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 4.

[4]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 8.

[5]        Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 8.

[6]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 67.

[7]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 65.

[8]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 65.       

[9]        ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 32.

[10]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 1.

[11]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 32.

[12]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 32.

[13]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 32.

[14]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 1.

[15]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 2.

[16]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 4.

[17]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 4.

[18]      Integrity Commissioner, Committee Hansard, 5 December 2012, p. 7.

[19]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 7.

[20]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 76.

[21]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 76.

[22]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 11.

[23]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 77.

[24]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 77.

[25]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 77.

[26]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 19.

[27]      The initiative is funded from criminal assets confiscated under the Proceeds of Crime Act 2002. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 17.

[28]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 8.

[29]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 8.

[30]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 11.         

[31]      In these 10 instances, ACLEI determined that the issue did not amount to corrupt conduct or did not involve members of the agencies within ACLEI's jurisdiction. In relation to a further 14 instances, the Integrity Commissioner decided after assessment that investigation was not warranted for reasons including dated information, lack of corroboration or no realistic line of inquiry. ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 75. 

[32]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 2.

[33]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 67.

[34]      PJC-ACLEI, Examination of the Annual Report of the Integrity Commissioner 2010-11, March 2012, p. 11.

[35]      PJC-ACLEI, Examination of the Annual Report of the Integrity Commissioner 2010-11, March 2012, p. 11.

[36]      PJC-ACLEI, Examination of the Annual Report of the Integrity Commissioner 2010-11, March 2012, p. 13.

[37]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, pp 34-35.

[38]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 8.

[39]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 9.

[40]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 10.

[41]      Mr Stephen Hayward, ACLEI, Committee Hansard, 5 December 2012, p. 10.

[42]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 75.

[43]      ACLEI, Annual Report of the Integrity Commissioner 2011-12, p. 75.

[44]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 9.

[45]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 2.

[46]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 9.

[47]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 10.

[48]      Mr Philip Moss, Integrity Commissioner, Committee Hansard, 5 December 2012, p. 3.

Appendix 1 - Compliance with reporting requirements

[1]        ACLEI, Annual Report of the Integrity Commissioner 2011–12, pp 178–180.

[2]        Department of the Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act Bodies, 28 June 2012, http://www.dpmc.gov.au/guidelines/ (accessed 14 November 2012).

[3]        ACLEI, Annual Report of the Integrity Commissioner 2011–12, p. 117.

[4]        The Senate, Standing Orders and Other Orders of the Senate, September 2006, (20 June 2001 J.4358, amended 4 December 2003 J.2851), p. 122.

[5]        The Senate, Standing Orders and Other Orders of the Senate, September 2006, (30 May 1996 J.279, amended 3 December 1998 J.265), p. 121.

[6]        Legal Services Directions 2005, para. 11.1(ba).