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CHAPTER 1

Introduction

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 LEIC Act established a new Office of Integrity Commissioner, supported by a statutory agency, ACLEI.

1.3        The 2011-12 Annual Report of the Integrity Commissioner (annual report) was presented to the Minister on 9 October 2012 and tabled in the House of Representatives and in the Senate on 29 October 2012. It is the sixth annual report of the Integrity Commissioner and covers ACLEI's fifth year of operation.

Requirements for the examination of the annual reports

1.4        Subsection 215(1)(c) of the LEIC Act requires the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (the committee) to examine:

(i) each annual report prepared by the Integrity Commissioner under section 201;

(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.

Requirements for annual reports under the LEIC Act

Section 201 of the LEIC Act

1.5        Section 201 of the LEIC Act sets out the requirements for ACLEI annual reports. The annual report must provide details of:

• corruption issues notified to the Integrity Commissioner, dealt with by the Integrity Commissioner or referred to a government agency for investigation. Reports must include corruption issues investigated over the year and certificates issued under section 149 during the year;[1]
• 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; and
• recommendations for changes to Commonwealth laws or administrative practices of Commonwealth government agencies.

1.6        The 2011-12 ACLEI annual report includes a compliance index provided at pages 178-180 which provides a guide to the report's compliance with the requirements for annual reports under the LEIC Act. The committee is satisfied that ACLEI has fulfilled its annual report obligations under the LEIC Act and other requirements as set out in the compliance index of the annual report. These requirements are set out in Appendix 1.

Section 204 of the LEIC Act

1.7        Under section 204 of the LEIC Act, the Integrity Commissioner may prepare special reports which 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.

1.8        In its report on ACLEI's 2010-11 annual report, 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'.[2]  ACLEI adhered to this suggestion. It is stated in the 2011-12 annual report that the Integrity Commissioner gave no special reports under section 204 of the LEIC Act to the Minister during the review period.[3]

Conduct of the inquiry

1.9        The committee held a public hearing to examine the annual report at the Parliament of Victoria on 5 December 2012. During the hearing, the committee heard evidence from the Integrity Commissioner, Mr Philip Moss and ACLEI officers. The list of witnesses is provided as Appendix 2.

Committee membership

1.10      Senator Stephen Parry was appointed to the committee following a resolution of both houses on 23 March 2007.  On 4 July 2011 Senator Parry was appointed Deputy President of the Senate at which time, by operation of subsection 213(4)(b) of the LEIC Act, due to his appointment to this position, Senator Parry ceased to be eligible for membership of the committee.  The committee was unaware of this legislative restriction at this time.

1.11      The committee and Senator Parry became aware of this legislative restriction on 7 February 2013, at which time Senator Parry ceased work on the committee.  The Minister for Home Affairs and Justice has recently noted that there is merit in progressing amendments which will bring membership eligibility for the committee in line with the Parliamentary Joint Committee on Law Enforcement and the Parliamentary Joint Committee on Intelligence and Security, in which the Senator appointed as Deputy President of the Senate is eligible for membership.  

Acknowledgement           

1.12      The committee congratulates the Integrity Commissioner and ACLEI officers for the quality and readability of the 2011-12 annual report. The committee also recognises that January 2012 marked ACLEI's fifth year of operation. The committee acknowledges this major milestone and the substantial contribution that ACLEI has made to identifying, combating and pursuing corruption over this five year period.

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