On 6 March 2014, the Parliamentary Joint Committee on the Australian
Commission for Law Enforcement Integrity (the committee) initiated an inquiry
into the jurisdiction of the Australian Commission for Law Enforcement
Integrity (ACLEI). Under the terms of reference, the committee was required to
adequacy of ACLEI's current jurisdiction;
desirability and feasibility of expanding ACLEI's jurisdiction to include the
entire Department of Agriculture or additional parts of that department;
response to a recommendation of the Parliamentary Joint Committee on Law
Enforcement, the desirability and feasibility of extending ACLEI's jurisdiction
Australian Securities and Investments Commission;
Attorney-General's Department; and
Australian Taxation Office;
desirability and feasibility of extending ACLEI's jurisdiction to include the
Department of Immigration and Border Protection;
any activity-based approach to ACLEI's jurisdiction would be preferable to the
current jurisdiction based approach;
most appropriate method of implementing any change to ACLEI's jurisdiction
including any budgetary implications; and
Conduct of the inquiry
The inquiry was advertised in The Australian and through the internet.
The committee invited submissions from Commonwealth, state and territory law
enforcement agencies and interested organisations and individuals.
The committee received 12 public submissions. A list of individuals and organisations
that made submissions to the inquiry, together with other information
authorised for publication, is provided at Appendix 1. The committee held two
public hearings in Canberra, on 19 June and 26 September 2014. Details of the
public hearings are available in Appendix 2. The public submissions and Hansard
transcript of evidence may be accessed through the committee's website.
ACLEI and the LEIC Act
ACLEI was established in 2006 by the Law Enforcement Integrity Act
2006 (LEIC Act). The LEIC Act requires the appointment of the Integrity
Commissioner, whose role is to 'consider the nature and scope of corrupt
conduct revealed by investigations, and report annually on any patterns and
trends concerning corruption in law enforcement agencies.'
The Integrity Commissioner also acts as the Chief Executive of ACLEI.
ACLEI's jurisdiction has expanded considerably from its establishment in
2006. ACLEI's original jurisdiction included the Australian Federal Police
(AFP), the Australian Crime Commission (ACC) and staff of the former National
Crime Authority (NCA). Its jurisdiction was first broadened in 2011 to include
the then Australian Customs and Border Protection Service (Customs).
In 2012, the Law Enforcement Integrity Legislation Amendment Act 2012
amended the LEIC Act so as to include three additional agencies from 1 July
2013. The three agencies added were the Australian Transaction Reports and
Analysis Centre (AUSTRAC), CrimTrac and certain quarantine-related functions of
the then Department of Agriculture, Fisheries and Forestry (now the Department
of Agriculture and Water Resources) as defined by regulation.
Genesis of the inquiry
In May 2013 the Parliamentary Joint Committee on Law Enforcement tabled
its report into the gathering and use of criminal intelligence. That report
...the Parliamentary Joint Committee on ACLEI (PJC-ACLEI)
[inquire] into the feasibility of extending ACLEI's jurisdiction to include
ASIC, the AGD and the ATO. The committee recommends that the PJC-ACLEI consider
whether these three agencies should be brought under ACLEI's jurisdiction on a
whole-of-agency basis by regulation.
Based on this recommendation, and given its ongoing interest in this
area, the committee decided the initiate this inquiry into ACLEI's
This report examines the question of whether ACLEI's jurisdiction should
be expanded to include the Australian Securities and Investments Commission (ASIC),
the Australian Taxation Office (ATO) and the Attorney-General's Department (AGD).
It also considers the inclusion of other agencies of interest, namely the
restructured Department of Immigration and Border Protection (DIBP) as well as
other areas within the Department of Agriculture and Water Resources.
This introductory chapter provides an outline of the conduct and
establishment of the inquiry.
Chapter 2 examines matters relating to the establishment of the
Australian Border Force (ABF) within the DIBP, and its inclusion within ACLEI's
Chapter 3 examines ACLEI's jurisdiction over parts of the Department of
Agriculture and Water Resources.
Chapter 4 examines matters relating to other agencies, including the
ATO, ASIC and the AGD.
Finally, Chapter 5 discusses proposals for a national anti-corruption
The committee wishes to express its appreciation to all parties who contributed
to the conduct of this inquiry, whether by making a written submission, by attending
a public hearing or, as in many cases, by making both written and oral
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