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Chapter 1 - Introduction
The Committee's statutory duty
1.1
The
Parliamentary Joint Committee on the Australian Crime Commission has the
statutory under Section 55(1)(c) of the Australian
Crime Commission Act 2002 to examine each annual report of the Commission and
report to Parliament on any matter appearing in, or arising out of, any such
annual report.
1.2
The
provision is part of the wider duties set out in Section 55 of the PJC to
provide Parliamentary scrutiny of the ACC's performance of its functions under
the Act, as well as examining trends in organised criminal activity. A
particular focus of the Committee is providing the Parliament with advice on the
overall effectiveness of the legislative framework under which the ACC
operates, and balancing these effectiveness criteria against the need to
protect the civil rights of Australian citizens under the law.
1.3
In this
context, the Committee acknowledges the significant cooperation of both the
Chairman of the ACC Board, Commissioner Mick Keelty, the CEO of the ACC, Mr Alastair Milroy, and officers of the ACC. In the reporting period, the ACC has provided
regular written reports and briefings, and met with the Committee on a number
of occasions.
1.4
The
willingness of the Commission to provide information to the Committee is of
great assistance and has contributed to the building of an effective working
relationship. This stands in contrast to the difficulties experienced by this Committee's
predecessor, the PJC on the National Crime Authority, whose early work was
frustrated by the reluctance of the NCA to provide the information needed by
the committee to perform its function.
1.5
The Committee
also wishes to acknowledge the assistance provided by the Commonwealth
Ombudsman, Professor John McMillan, and his staff. The Commonwealth Ombudsman plays a vital role in accountability
mechanisms of the ACC, through investigating complaints, and auditing records.
The Committee considers that regular discussions and exchange of information with
the Ombudsman is vital to maintaining the overall effectiveness of the
accountability regime. In addition to the briefing on telecommunication
intercepts required by statute, Professor MacMillan has met with the Committee privately on several occasions and the Committee
appreciates his insights and experience.
Report under consideration
1.6
The ACC
Annual Report was presented out of session on 21 December 2004, and tabled in both Houses on 8 February
2005, in accordance
with section 61 of the Australian Crime
Commission Act 2002. This year's report is significant in that its
reporting period covers the first full year of the ACC's operation.
Inquiry into the Annual Report
1.7
In
examining the report, the Committee held a public hearing in Parliament House
on 17 March 2005.
The Committee also wrote to a number of
individuals and organisations, inviting them to comment on the Annual Report.
The Committee received seven submissions in response, together with a number of
letters that expressed satisfaction with the operation of the ACC and declined
to raise any further issues.
1.8
The Committee
also notes its intention, with the agreement of the Minister, to conduct the evaluation
of the ACC Act, pursuant to Section 61A.
Note
1.9
In this
report, 'report' refers to the Annual Report of the Australian Crime
Commission. Other reports are referred to in full.
Adoption of the Report
1.10
The
Parliamentary Joint Committee adopted this report at a private meeting on 20 June
2005.
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