Chapter 1
Introduction
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
Section 3 of the LEIC Act sets out the objectives of ACLEI 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]
1.3
The 2014-15 Annual Report of the Integrity Commissioner (annual report)
was presented to the Minister for Justice, the Hon Michael Keenan MP, on
14 October 2015 and was tabled in both the House of Representatives and
the Senate on 9 November 2015.[2]
Requirements for annual reports
1.4
Section 201 of the LEIC Act requires ACLEI's annual report to provide
details of:
-
corruption issues notified to the Integrity Commissioner dealt
with by the Integrity Commissioner or referred to a government agency for
investigation. Reports must include corruption issues investigated over the
year and certificates issued under section 149 during the year;[3]
-
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 2014-15 annual report includes an index that provides a guide to the
report's compliance with the requirements set out in the LEIC Act and
associated regulations.[4]
The committee is satisfied that ACLEI has fulfilled its annual report
obligations under the LEIC Act and other requirements as set out in the
compliance index of the annual report.[5]
Requirements for the examination of annual reports
1.6
Paragraph 215(1)(c) of the LEIC Act requires the Parliamentary Joint
Committee on the Australian Commission for Law Enforcement Integrity (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
1.7
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.
1.8
In its report on ACLEI's 2010-11 annual report, 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'.[6]
ACLEI has adopted this suggestion.
1.9
The 2014-15 annual report states that the Integrity Commissioner
prepared no special reports during the review period.[7]
Conduct of the inquiry
1.10
The committee held a public hearing to examine the annual report on 4 February
2016. During the hearing, the committee heard evidence from the Integrity
Commissioner, Mr Michael Griffin AM and other ACLEI officers. The list of
witnesses is provided in Appendix 1.
Acknowledgements
1.11
The committee congratulates ACLEI officers for their consistently high
quality annual reports and for their ongoing co-operation and engagement with
the committee's inquiries.
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