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Chapter 1
Introduction
Background to the Australian Commission for Law Enforcement Integrity
1.1
The Australian Commission for Law Enforcement Integrity (ACLEI) was
established by the Law Enforcement Integrity Commissioner Act 2006 (LEIC
Act). The LEIC Act commenced operation on 30 December 2006.
1.2
The Act established a new Office of Integrity Commissioner, supported by
a statutory agency, ACLEI.
1.3
The main purpose of ACLEI is to 'enhance the integrity of Commonwealth
law enforcement agencies by providing independent and effective external
investigation of possible instances of corruption' in those agencies.[1]
1.4
ACLEI's role is to detect, investigate and prevent corruption in law
enforcement agencies. The Australian Government agencies that currently fall
within its jurisdiction are the Australian Crime Commission (ACC), the
Australian Customs and Border Protection Service (Customs and Border Protection)
and the Australian Federal Police (AFP). ACLEI also has jurisdiction over the former
National Crime Authority (NCA), which was the forerunner to the ACC. Other
agencies with law enforcement function are able to be brought within ACLEI's
jurisdiction by regulation.[2]
1.5
As a result of this committee's recommendation in relation to its
inquiry into the operation of the Law Enforcement Integrity Commissioner Act
2006, Customs and Border Protection was added to the jurisdiction of the
Integrity Commissioner from 1 January 2011, first by regulation, and more
recently, through legislative amendment.[3]
Requirement for the examination of the annual reports
1.6
The Law Enforcement Integrity Commissioner Act 2006 (LEIC Act),
under subsection 215(1)(c) requires the committee to examine:
(i) each annual report
prepared by the Integrity Commissioner under section 201; and
(ii) any special report
prepared by the Integrity Commissioner under section 204;
and report to the Parliament on any
matter appearing in, or arising out of, any such annual report or special
report.[4]
1.7
Section 201 of the LEIC Act sets out the requirements for ACLEI annual
reports, including investigations conducted, trends in corruption,
recommendations for changes to laws or administrative practices, and details on
corruption issues that were notified, raised, dealt with, investigated,
referred, prosecuted, or resulted in confiscation or other proceedings. The
committee is satisfied that the report is in accordance with LEIC Act requirements
and a range of other requirements, as set out in the compliance index of the
annual report. These requirements are set out in Appendix 1.
1.8
Special reports under section 204 of the LEIC Act may relate to
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. On 27 January 2012, ACLEI advised that the Integrity Commissioner had not
prepared any special reports under section 204 during 2010–11.
1.9
The committee suggests that future annual reports should clearly state
whether any special reports have been provided to the Minister and make an
appropriate reference in the compliance index.
Tabling of the 2010–11 Annual Report
1.10
ACLEI's 2010–11 Annual Report (the Report) was presented to the Minister
on 29 September 2011. The Report was tabled in the House of Representatives on 13
October 2011, and in the Senate on 1 November 2012, in accordance with section
201(1) of the LEIC Act.
Conduct of the inquiry
1.11
The committee held a public hearing to examine the Report in Parliament
House on 25 November 2011. The committee heard from a number of officers of
ACLEI (listed in Appendix 5), including the Integrity Commissioner, Mr Philip
Moss. ACLEI also provided answers to questions on notice listed in Appendix 6.
Acknowledgements
1.12
The committee would like to thank ACLEI management and staff for their
cooperation and engagement during the inquiry.
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