Each annual report must be prepared in accordance with
reporting requirements set out in the organisation's founding legislation (the
LEIC Act) and the relevant regulations formed under this Act – the Law Enforcement
Integrity Commissioner Regulations 2006 (the LEIC Regulations). In
addition, as a matter of policy, each annual report should comply with the
reporting requirements set out in the Joint Committee of Public Accounts and
Audit approved guidelines: Requirements for Annual Reports.
A comprehensive compliance index is included in the Annual
Report and cross-references compliance with these requirements. Each requirement
is described in brief below.
The annual reporting requirements for ACLEI are set out in
section 201 of the LEIC Act and require that the Integrity Commissioner
provides the Minister—for presentation to the Parliament—a report on the
performance of the Integrity Commissioner's functions during each financial
year.
(a) the prescribed
particulars of:
(i) corruption issues
notified to the Integrity Commissioner under section 19 during the financial
year; and
(ii) corruption issues
raised by allegations or information referred to the Integrity Commissioner
under sections 18 and 23 during that year; and
(iii) corruption issues
dealt with by the Integrity Commissioner on his or her own initiative during
that year; and
(iv) corruption issues
investigated by the Integrity Commissioner during that year; and
(v) corruption issues that
the Integrity Commissioner referred to a government agency for investigation
during that year; and
(vi) ACLEI corruption issues
investigated during that year; and
(vii) certificates issued
under section 149 during that year;
(b) a description of
investigations conducted by the Integrity Commissioner during the financial
year that the Integrity Commissioner considers raise significant issues or
developments in law enforcement;
(c) a description, which may
include statistics, of any patterns or trends, and the nature and scope, of
corruption in:
(i) law enforcement
agencies; and
(ii) other Commonwealth
government agencies that have law enforcement functions; that have come to the
Integrity Commissioner’s attention during that year in the performance of his
or her functions;
(d) any recommendations for
changes to:
(i) the laws of the
Commonwealth; or
(ii) administrative
practices of Commonwealth government agencies; that the Integrity Commissioner,
as a result of performing his or her functions during that year, considers
should be made;
(e) the extent to which
investigations by the Integrity Commissioner have resulted in the prosecution
in that year of persons for offences;
(f) the extent to which investigations
by the Integrity Commissioner have resulted in confiscation proceedings in that
year;
(g) details of the number
and results of:
(i) applications made to
the Federal Court or the Federal Magistrates Court under the Administrative
Decisions (Judicial Review) Act 1977 for orders of review in respect of matters
arising under this Act; and
(ii) other
court proceedings involving the Integrity Commissioner; being applications and
proceedings that were determined, or otherwise disposed of, during that year.[1]
Regulations 17 to 23 set out the prescribed particulars of
the corruption issues outlined in section 201(2) of the LEIC Act.
Each year the Department of Prime Minister and Cabinet
publish Requirements for Annual Reports.[2]
These annual reporting requirements are approved by the Joint Committee of
Public Accounts and Audits under sub-sections 63(2) and 70(2) of the Public
Service Act 1999. The requirements cover a range of mandatory and suggested
matters.
It was the Auditor's opinion that the financial statements
were prepared in accordance with the FMOs and give a 'true and fair view' of
ACLEI's financial position and financial performance for the 2009–10 year.[3]
In addition to the above annual reporting obligations, ACLEI
has fulfilled the following requirements: