1.1
Paragraph 215(1)(c) of the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act) requires the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (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.
1.2
This report, which consists of three chapters, presents the committee's examination of the Annual Report of the Integrity Commissioner 2020-21 (Annual Report 2020-21).
1.3
This introductory chapter sets out background information regarding the role of the Australian Commission for Law Enforcement Integrity (ACLEI), the requirements for ACLEI's annual reports, and information regarding the committee's conduct of the examination.
1.4
Chapter 2 considers key issues raised during the committee's examination of the Annual Report 2020-21. Chapter 3 summarises and assesses ACLEI's results against its performance framework in 2020-21, to the extent such matters are not addressed in Chapter 2.
About ACLEI
1.5
ACLEI was established by the 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.
1.6
The objectives of the LEIC Act, as set out in section 3 of the LEIC Act, 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.
1.7
During the 2020-21 reporting period, the following agencies were subject to the Integrity Commissioner’s jurisdiction:
the Australian Criminal Intelligence Commission;
the Australian Federal Police (including ACT Policing);
the Australian Transaction Reports and Analysis Centre;
prescribed aspects of the Department of Agriculture, Water and the Environment; and
the Department of Home Affairs, including the Australian Border Force.
1.8
On 1 January 2021, amendments to the Law Enforcement Integrity Commissioner Regulations 2017 (LEIC Regulations) expanded the Integrity Commissioner’s jurisdiction ‘to include conduct of staff members which relates to the performance of a law enforcement function of the following agencies’:
the Australian Competition and Consumer Commission;
the Australian Prudential Regulation Authority;
the Australian Securities and Investments Commission; and
the Australian Taxation Office.
Presentation of ACLEI Annual Report 2020-21
1.9
The Annual Report 2020-21 was presented to the Attorney-General,
Senator the Hon Michaelia Cash, on 28 September 2021. It was tabled in the House of Representatives and the Senate on 20 October 2021.
Requirements for annual reports
1.10
Section 201 of the LEIC Act requires ACLEI’s annual reports to provide details on 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;
recommendations for changes to Commonwealth laws or administrative practices of Commonwealth government agencies; and
details of court proceedings involving the Integrity Commissioner, including applications made to the Federal Court.
1.11
The Annual Report 2020-21 includes an index that provides a guide to the report's compliance with requirements set out in the LEIC Act and
LEIC 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).
1.12
The committee is satisfied 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 2020-21.
Requirements for special reports
1.13
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.
1.14
In its examination report on the Annual Report of the Integrity Commissioner 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 adopted this suggestion.
1.15
The Annual Report 2020-21 states that the Integrity Commissioner prepared no special reports during the reporting period.
Corrections to the annual report of the Integrity Commission 2020-21
1.16
On 16 February 2022, Ms Jaala Hinchcliffe, the Integrity Commissioner, informed the committee of a typographical error in the Annual Report 2020-21, advising that the total number of ‘Investigations completed – reports to the Minister issued under s54’ was 14, not 141 as reported in Table 32: Corruption issue investigations finalised in 2020-21.
Conduct of the inquiry
1.17
On 21 March 2022, the committee held a public hearing to examine the
Annual Report 2020-21. The committee heard evidence from the Integrity Commissioner and other ACLEI officers during the hearing. A list of witnesses is provided in Appendix 1.
Acknowledgements
1.18
On 1 December 2021, the previous Chair of the committee, Senator Paul Scarr, was discharged from the committee. The committee acknowledges and thanks Senator Scarr for his contribution to this committee’s work, including its work examining this and previous annual reports of the Integrity Commissioner.
1.19
The committee acknowledges and thanks the Integrity Commissioner and ACLEI staff for their engagement and assistance with the committee’s examination.
Committee Hansard
1.20
In this report, references to Committee Hansard are to proof transcripts. Page numbers may vary between proof and official transcripts.