Chapter 1 Introduction

Committee’s duty to examine annual reports

1.1

The Parliamentary Joint Committee on Law Enforcement (the committee) has a duty to examine each annual report of the Australian Federal Police (AFP).1 The duty arises from an expectation that agencies which have been granted strong coercive powers, such as the AFP, should be subject to additional oversight.2

1.2

The committee is precluded from monitoring, reviewing, or reporting on the performance by the AFP of its functions under Part 5.3 of the Criminal Code Act 1995 (that is, the AFP’s counter-terrorism functions).3 The AFP’s performance of these functions is monitored and reviewed by the Parliamentary Joint Committee on Intelligence and Security.4

Annual reports examined in this report

1.3

This report examines the AFP’s annual reports for both 2020-21 and 2021-22.

1.4

Typically, the committee holds a public hearing to examine each annual report. Due to the election in May 2022, the hearing organised to examine the 2020-21 annual report was cancelled. After the committee was re-established in the 47th Parliament, it decided to examine both the 2020-21 and 2021-22 annual reports at a hearing on 25 November 2022 in Canberra. Witnesses who appeared before the committee are listed at Appendix 1.

1.5

Matters that fall outside of the 2020-21 and 2021-22 reporting periods have been included in this report where necessary for completeness.

Structure of this report

1.6

This report contains two chapters:

This chapter provides key details about the inquiry and background about the AFP’s functions and priorities.

Chapter 2 examines key issues relating to the AFP’s performance in the two reporting periods and provides the committee’s view.

Acknowledgements

1.7

The committee acknowledges the cooperation and assistance of the AFP Commissioner and other AFP officers who aided the committee in its inquiry.

Key background

Presentation of the annual reports

1.8

The AFP’s 2020-21 annual report was tabled in both Houses of Parliament on 19 October 2021.5 The letter of transmittal indicates that the report had been presented to the then Minister for Home Affairs, the Hon Karen Andrews MP, on 9 September 2021.6

1.9

The AFP’s 2021-22 annual report was tabled in both Houses of Parliament on 25 October 2022.7 The letter of transmittal indicates that the report had been presented to the Attorney‑General, the Hon Mark Dreyfus KC MP, on 12 September 2022.8

AFP portfolio arrangements

1.10

For both reporting periods, the AFP was in the Home Affairs portfolio. After the change of government at the general election on 21 May 2022, new administrative arrangements orders moved the AFP to the Attorney‑General’s portfolio with effect from 1 July 2022.9

AFP mission and functions

1.11

In both 2020-21 and 2021-22, the AFP’s mission was: ‘As Australia’s national policing agency, we protect Australians and Australia’s interests’.10

1.12

The functions of the AFP are provided at section 8 of the Australian Federal Police Act 1979 (which was not amended during the reporting periods). Both annual reports include the following graphic summarising the ‘core functions’ of the AFP:

Figure 1.1: Core functions of the AFP

Graphic that lists the core functions of the AFP as follows: Provide policing services to the Australian Capital Territory, Jervis Bay and Australia's external territories; Policing Commonwealth law, safeguarding Commonwealth interests and investigation of state offences that have a federal aspect; Domestic engagement and cooperation to disrupt crime and keep Australians safe; Assist international policing and non-government bodies to disrupt crime and support regional security, safety and stability; Protection of Commonwealth infrastructure, places and property; Protection of designated high office holders, dignitaries and witnesses; Offshore peace, stability and security operations, capacity building missions and capability development; Confiscating property or wealth from criminals that has been illegally obtained; and any other policing function essential to keeping Australians and Australian interests safe including protective and custodial services.

Graphic reproduced from AFP, Annual Report 2021-22, p. 8; also see AFP, Annual Report 2020-21, p. 8. The graphics in each annual report appear the same except for a minor formatting change to ‘other policing function’.

AFP strategic direction and priorities

1.13

The AFP is guided by ministerial directions issued under section 37(2) of the Australian Federal Police Act 1979. The most recent direction was issued on 16 December 2020 and listed the following ‘expected focus areas’:

Countering terrorism, espionage and foreign interference.

Combatting child exploitation.

Transnational, serious, and organised crime.

Cyber crime.

Fraud and anti-corruption.

Provision of specialist protection services and operations.11

1.14

The minister’s direction states that ‘[i]n delivering against these priorities, I have high expectations that the AFP operates in a collaborative, accountable and responsive manner’. It lists the following further expectations of the AFP:

Utilise all available strategies to combat criminal activity.

Work collaboratively to achieve its goals.

Create an efficient, effective workforce.

Demonstrate best corporate practice.12

1.15

In response to the ministerial direction, on 18 December 2020 the AFP Commissioner issued a ‘statement of intent’ outlining ‘[k]ey strategies the AFP will employ to target the crime priorities outlined in [the] direction’.13

1.16

The AFP’s strategic initiatives are also outlined in corporate plans. These plans cover overlapping periods of four years and are updated each year.14

1

Paragraph 7(1)(f) of the Parliamentary Joint Committee on Law Enforcement Act 2010.
2

See the Hon Robert McClelland MP, Attorney General, House of Representatives Hansard, 18 March 2010, pp. 2924–2925.
3

Paragraph 7(2)(g) of the Parliamentary Joint Committee on Law Enforcement Act 2010.
4

Paragraph 29(1)(baa) of the Intelligence Services Act 2001.
5

Journals of the Senate, No. 123, 19 October 2021, pp. 4165–4167; House of Representatives Votes and Proceedings, No. 146, 19 October 2021, pp. 2226–2228.
6

Australian Federal Police (AFP), Annual Report 2020-21, p. iii.
7

Journals of the Senate, No. 16, 25 October 2022, pp. 431–438; House of Representatives Votes and Proceedings, No. 16, 25 October 2022, pp. 223–226.
8

AFP, Annual Report 2021-22, p. iii.
9

Administrative Arrangements Order, 1 June 2022, Part 2. Though subsequent orders have been issued, they keep the AFP in the Attorney-General’s portfolio.
10

AFP, Annual Report 2020-21, p. 33; AFP, Annual Report 2021-22, p. 47.
11

The Hon Peter Dutton MP, Minister for Home Affairs, Ministerial direction issued under subsection 37(2) of the Australian Federal Police Act 1979, 16 December 2020, pp. 1–2.
12

The Hon Peter Dutton MP, Minister for Home Affairs, Ministerial direction issued under subsection 37(2) of the Australian Federal Police Act 1979, 16 December 2020, pp. 2–3.
13

Mr Reece Kershaw APM, Commissioner, AFP, Statement of intent, 18 December 2020.
14

AFP, Annual Report 2020-21, p. 69; AFP, Annual Report 2021-22, p. 83; AFP, ‘AFP Corporate Plan’, undated, www.afp.gov.au/corporateplan (accessed 7 December 2022).

| Contents |

Chapter 1

Introduction