Chapter 1Introduction
Purpose of this report
1.1On 1 July 2023, the Australian Commission for Law Enforcement Integrity (ACLEI) will become part of the new National Anti-Corruption Commission (NACC) and, accordingly, the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (the committee) will cease to exist. The oversight of the NACC will be undertaken by the Parliamentary Joint Committee on the National Anti-Corruption Commission.
1.2With this change imminent, the committee has resolved to present this brief report outlining its work since it was established in the 41st Parliament.
Establishment
1.3The committee was established by the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act) which commenced operation on 30December 2006. The committee was created to oversee the operation of the newly established ACLEI, to ensure that the Integrity Commissioner is accountable to Parliament.
Duties
1.4Section 215 of the Act lists the duties of the committee which are at Appendix 1. They include monitoring and reviewing the Integrity Commissioner’s performance of his or her functions and examining each of ACLEI’s annual reports.
Power and proceedings
1.5Section 214 of the LEIC Act provides for matters relating to the powers and proceedings of the committee to be determined by resolution of both Houses of Parliament. Resolutions relating to the powers and proceedings of the committee were first agreed during the 41st Parliament on 8 February 2007 in the Senate and 12 February 2007 in the House of Representatives. Resolutions were last agreed at the start of the 47th Parliament on 27 July 2022 when the Senate agreed to a resolution from the House of Representatives passed on 26 July 2022.
Reporting
1.6The committee presented 23 reports during its 16 years of existence. These reports are listed at Appendix 2.
42nd Parliament
1.7Over the 42nd Parliament the committee tabled four reports: three reports examining the Annual Reports of the Integrity Commissioner: 2006-07, 2007-08 and 2008-09, as well as an inquiry into Law Enforcement Integrity Models.
1.8During the inquiry into Law Enforcement Integrity Models the committee met with the members of the Queensland Parliamentary Crime and Misconduct Committee to discuss their parliamentary oversight role. The committee also had the opportunity to inspect the NSW Police Integrity Commission’s hearing facilities.
43rd Parliament
1.9Over the 43rd Parliament the committee tabled six reports. Three reports examined the Annual Reports of the Integrity Commissioner: 2009-10, 2010-11 and 2011-12. The committee also examined the operation of the Law Enforcement Integrity Commissioner Act 2006 and completed inquiries into integrity testing and the integrity of overseas Commonwealth law enforcement operations.
1.10Following the inquiry into Law Enforcement Integrity Models in the 42ndParliament, the committee resolved to turn its attention to the question of ACLEI’s jurisdiction. The inquiry into the operation of the Law Enforcement Integrity Commissioner Act 2006 tabled interim and final reports recommending that ACLEI’s jurisdiction be extended to cover additional Commonwealth agencies and functions. During the course of that inquiry the committee considered the merits of introducing integrity testing and decided to undertake a targeted inquiry into this issue.
1.11During the committee’s inquiry into the integrity of overseas Commonwealth law enforcement operations, a committee delegation met with Australian Federal Police and other Commonwealth agency representatives in the Philippines in order to gain insight into law enforcement matters pertinent to the inquiry. A committee delegation also attended the fifth annual conference of the Global Organization of Parliamentarians Against Corruption in Manila.
44th Parliament
1.12During the 44th Parliament the committee tabled four reports. Three of these examined the Annual Reports of the Integrity Commissioner: 2012-13,2013-14 and 2014-15. The committee also tabled an inquiry report on the jurisdiction of ACLEI.
1.13In May 2013 the Parliamentary Joint Committee on Law Enforcement (PJCLE) tabled its report into the gathering and use of criminal intelligence. That report recommended that the committee inquire into the feasibility of extending ACLEI’s jurisdiction to include the Australian Securities and Investments Commission (ASIC), the Attorney-General’s Department (AGD) and the Australian Taxation Office (ATO). The PJCLE recommended that the committee consider whether these three agencies should be brought under ACLEI’s jurisdiction on a whole-of-agency basis by regulation. It also considered the inclusion of other agencies of interest, namely the then Department of Immigration and Border Protection as well as other areas within the Department of Agriculture and Water Resources. Based on this recommendation, and given its ongoing interest in this area, the committee decided to conduct this inquiry.
45th Parliament
1.14Over the 45th Parliament the committee tabled two reports, both examining the Annual Reports of the Integrity Commissioner: 2015-16 and 2016-17.
46th Parliament
1.15During the 46th Parliament the committee tabled five reports. Four examined the Annual Reports of the Integrity Commissioner: 2017-18, 2018-19, 2019-20 and 2020-21.The committee also tabled a report on its inquiry into Australia’s border arrangements, which had been commenced in the 44th Parliament.
1.16As part of its border integrity inquiry, the committee made a number of site visits to sea and airports and other facilities associated with the movement of people and goods across Australian borders.
1.17The committee also undertook a delegation to New Zealand and Vanuatu in December 2019 to investigate matters in relation to the terms of reference. Findings from the delegation report are included in the inquiry report and the delegation report is included as an appendix to that report.
47th Parliament
1.18In addition to this report, the committee tabled two reports in the 47thParliament. One examined the Annual Report of the Integrity Commissioner 2021-22 and the other was a report on committee proceedings in the 45thParliament.
Transition to the NACC
1.19In November 2022, the parliament passed the National Anti-Corruption Commission Bill 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022. These bills establish the National Anti-Corruption Commission (NACC) to investigate and report on serious or systemic corruption in the Commonwealth public sector, refer evidence of criminal corrupt conduct for prosecution and undertake education and prevention activities regarding corruption.
1.20When the NACC is stood up ACLEI will go through a machinery of government process and become part of the NACC.
Commencement of the NACC
1.21On 13 April 2023 the Governor-General signed the NACC Commencement Proclamation 2023 which advised that 1 July 2023 is the day on which the NACC will commence operation.
1.22This means the Law Enforcement Integrity Commissioner Act 2006, which establishes ACLEI and the committee, will be repealed at that time.
Oversight of the NACC
1.23The committee which will provide oversight of the NACC, the Parliamentary Joint Committee on the National Anti-Corruption Commission, was appointed by resolutions of the House of Representatives on 8 February 2023 and the Senate on 9 February 2023. It was established ahead of the NACC so the committee could review and approve candidates for the positions of Commissioner, Deputy Commissioners and the Inspector in advance of the NACC being established.
Acknowledgements
1.24The committee wishes to acknowledge the proactive and professional engagement of the Integrity Commissioners and ACLEI officials over the life of the committee. In particular, the current committee, wishes to thank the current Integrity Commissioner Mrs Jaala Hinchcliffe for her active and helpful engagement with the committee.
Ms Susan Templeman MP
Chair