Navigation: Previous Page | Contents | Next Page
CHAPTER 4
Australian Crime Commission activities 2011–2012
4.1
This chapter provides an overview of the ACC's programs and respective
activities over the 2011–12 period of review.
Program 1.1.1 Strategic Intelligence Services
4.2
Deliverables in relation to the ACC's strategic criminal intelligence
services include the provision of:
- an annual assessment of National Criminal Intelligence Priorities
(NCIPs) for ACC board endorsement;
-
intelligence-sharing mechanisms including the Fusion Capability;
-
intelligence products to law enforcement agencies containing
analysis of organised crime trends, methodologies and significant targets and
emerging issues;
- a biennial Organised Crime Threat Assessment which underpins the
Commonwealth and National Organised Crime Response Plans; and
- strategic intelligence reports.[1]
Efforts to improve criminal
intelligence
4.3
During the year, the ACC revised its criminal intelligence product suite
range by distinguishing analytical intelligence products from tactical
intelligence products. Analytical material includes the 'Picture of Criminality
in Australia' report, briefings, strategic assessments, operational analysis,
Fusion reports, current and emerging issues reports and intelligence briefs
whereas tactical products include information reports and 'other information'.[2]
Tactical intelligence products include information reports which contain
immediate and relatively raw information. The information contained in these
reports is often collated and used in analytical reports.[3]
The ACC commented that distinguishing and reporting on the various product
types will allow for more effective internal prioritisation and resource
allocation.[4]
4.4
From a range of over 20 lines of analytical intelligence reports in
early 2011, the ACC has focused on rationalising its product suite to seven.
These include:
- Strategic assessment—to inform high level clients such as Board
members of criminal issues and broad implications of likely changes in the
criminal markets or crime types in the next two to five years.
- Operational analysis–general—to inform operational law
enforcement managers and analysts about judgements regarding current, emerging
and predicted criminal trends, methodologies and activities that aim to
influence immediate operational decisions and inform the next planning cycle.
- Operational analysis–alert—to inform operational law enforcement
managers and analysts about an emerging criminal issue or change that may
require immediate operational, policy or legislative consideration or prompt
further intelligence collection and monitoring.
- Operational analysis–target brief—to inform and support
operational decision makers in assessing key targeting priorities and
developing strategies for disruption and/or intervention.
- Current and emerging issues report—to inform senior ACC
stakeholders of current and emerging issues with strategic implications for the
Australian criminal environment.
- Intelligence brief—to inform a customised client base about
important intelligence on a single issue of high interest to the ACC.
- Fusion intelligence report—to inform senior stakeholders of key
feeds of current intelligence on areas of national priority relating to serous
and organised crime.[5]
4.5
The ACC also noted that it had collaborated more widely to develop the
agency's understanding of the nature of threats in relation to particular
programs which led to the production of more strategic intelligence reports
circulated to a broader range of agencies. Examples include potential threats
to the Australian carbon pricing mechanism and the potential impact of
organised crime in the investment sector.[6]
4.6
During the year, the ACC applied a new Intelligence Standards Framework
(ISF) for intelligence analysts following a global best practice benchmarking
exercise. The ISF provides a 'whole-of-life' approach for intelligence analysts
from recruitment. It serves as an intelligence model to enable the ACC to bring
intelligence standards, practices, processes and policies into one place.[7]
According to the ACC, the ISF has already delivered benefits such as providing
a central point for the development of intelligence standards, practices and
processes. It contains eight standards of analytic tradecraft for application
alongside the ACC's new intelligence philosophy and principles—'pioneering,
predictive, professional, precise and partnered'.[8]
The eight standards include 'properly describes quality and reliability of
sources' and 'incorporates alternative analysis where appropriate' as well as
'logical argumentation'.[9]
4.7
Other efforts to improve tools and the methodology that underpins the
ACC's intelligence collection and analysis include the development of a new
online system for collecting vital information and intelligence from partner
agencies about serious and organised crime targets operating in Australia. The
creation of the online system followed from an assessment of the needs of
partner agencies regarding the collection of data about criminal targets.[10]
4.8
An external review of the methodology used to assess the harms
associated with specific types of serious and organised crime was also
undertaken which identified the need to revise the ACC's process to align its
harm assessment with international best practice.[11]
Further, the new risk assessment methodology involves a threat assessment and
harms assessment process whereby risk is a function of the assessed threat and
harm level: Risk = Threat x Impact.[12]
When asked to explain the equation, the ACC stated that it is conceptual and:
...refers to the idea that the risk posed to Australia by
specific types of serious and organised criminal activity can be established
through an assessment of the threat that the activity poses (based on the
capability and intent of those undertaking the activity) and an assessment of
the impact that the activity has on Australia (measured by the Harms assessment
process in the ACC). These two factors––threat and impact––are then considered
together to derive a qualitative measure of risk.[13]
4.9
A review was also undertaken of the Target Risk Assessment Methodology (TRAM)
used to 'establish the significance of serious and organised crime networks in
Australia'. The TRAM is part of the National Targeting System (NTS) and is used
by the ACC and law enforcement agencies to manage the National Criminal
Targeting List (NCTL). While the review found that the current methodology is
consistent with international best practice, its recommendations, which are not
detailed in the annual report, will be implemented in 2012–13 to 'significantly
improve our ability to analyse and use information captured for operational and
strategic outcomes'.[14]
4.10
When asked about the findings and recommendations of the review, the ACC
responded that the key findings of the review included a need for a more
nuanced approach to the analysis and comparison of threat types posed by
serious and organised crime, and wider accessibility to intelligence submitted
in support of a threat rating.[15]
The resulting methodological and technological changes which encompass 18
threat variables are collectively known as TRAM v2.[16]
The transition from the original TRAM to TRAM v2 will involve some overlap
between assessment methodologies over 2013 as existing targets are reassessed
and new ones are added to the NCTL.[17]
Key criminal intelligence
publications
4.11
The flagship publications of the ACC concerning criminal intelligence
which are highlighted in the annual report include the:
- National Criminal Target Report 2012 which details the
risk posed by known organised crime groups operating in Australia. The report
complements the National Criminal Target List which identifies organised crime
risks. This year's report features three new sections—regional differences
across the states and territories; looking back to understand how Australia's
criminal landscape has evolved; and looking forward to highlight advances in
the shared understanding of serious and organised crime.[18]
- Illicit Drug Data Report 2010–11 launched in May 2012. It
details the extent of the illicit drug market in Australia. In 2010–11, there
were 69 595 illicit drug seizures weighing over 9.3 tonnes nationally. This is
an increase in the number and weight compared to 2009–10. The report noted that
cannabis remains the dominant illicit drug in Australia in terms of arrests,
seizures and use.[19]
Other notable statistics in the report included:
- 84 738 people arrested for illicit drug arrests in 2010–11 which
is the second highest number of arrests reported in the last decade.
- 703 clandestine laboratories detected in Australia in 2010–11.[20]
- Organised Crime 2020 report which forecasts likely
trends in the organised crime environment by assessing emerging issues drawn
from Australian and international law enforcement and other intelligence
resources.[21]
- Organised Crime in Australia 2011 report
which is an unclassified version of the Organised Crime Threat Assessment and
was launched in April 2011. The ACC intends to produce a public Organised
Crime in Australia report every two years with the next report due in 2013.[22]
Strategic assessments and policy
support
4.12
During the year, the ACC produced 35 strategic assessments covering topics
including serious and organised investment fraud and cybercrime.[23]
The assessments featured in the annual report include the potential organised
crime threat to the Australian carbon pricing mechanism, national illicit
firearm assessment, and the potential impact of organised crime on sport.[24]
Program 1.1.2—Investigations and intelligence operations into federally
relevant criminal activity
4.13
The three components of ACC investigations and operations include (a)
special investigations, (b) special operations, and (c) national database and
analytical tools. During the year, the ACC worked on four special
investigations and five special intelligence operations.[25]
4.14
Through its special investigations and special operations, the ACC
helped to disrupt a total of 26 criminal targets, stop $67.71 million worth of
drugs from hitting the streets, restrain $103.59 million proceeds of crime,
seize $5.47 million in cash, charge 97 people and convict 45 people. The ACC
also conducted 328 coercive examinations and shared a total of 1884
intelligence products with partner agencies.[26]
4.15
The deliverables in relation to program 1.1.2 include:
-
In response to priorities identified by its board, the ACC in
collaboration with law enforcement and related Commonwealth, state and
territory government agencies, undertakes intelligence operations, special
intelligence operations and special investigations, which gather relevant
information about the extent, impact and threat of criminal activity;
-
special investigations are designed to disrupt and deter criminal
activity through arrests and seizures of illegally obtained assets, in
cooperation with partner agencies;
-
the use of coercive powers under special intelligence operations
and special investigations enables the ACC to collect information that may not
otherwise be available to law enforcement; and
-
the ACC also provides a national criminal intelligence database
and analytical tools, which facilitate the sharing and analysis of criminal
intelligence across jurisdictions.[27]
Special investigations
4.16
Special investigations are designed to disrupt and deter criminal groups
by collecting evidence and intelligence about criminal activity. During the
year in review, the ACC worked in four special investigations designed to
disrupt and deter criminal groups with focus on high risk criminal targets,
criminal wealth, established criminal networks—in Victoria, and high risk crime
groups—in South Australia. The following tables provide an overview of the
aims, highlights and achievements in relation to each special investigation.
Aims, highlights and achievements 2011-12 of special
investigations
|
Highest risk criminal targets
Aim: To maximise the impact
against, and disruption to, targeted serious and organised crime entities
representing the greatest risk and threat nationally.
Highlights & achievements:
- Provided partners with 707 intelligence assessments,
alerts, reports and briefs through 1917 disseminations to inform
investigative opportunities and strategic decision making;
- Conducted 80 examinations including referrals to
partner agencies and 150 notices to produce documents;
- Disrupted 20 high risk crime entities including
three transnational syndicates involved in illicit drug offences of which two
were also involved in money laundering and one was using commercial airline
pilots to import drugs into Australia.
- This investigation contributed to the seizure of
drugs and precursors with an estimated street value of $59.3 million.
- Seizure of more than $2.5 million in cash.
- Issue of pecuniary penalty orders to the value of
$4.3 million.
- Recovery of 13 illicit firearms and ammunition.
- 146 charges laid against 47 individuals and the
conviction of 34 individuals.[28]
Projects within this special
investigation, including a number of multi-agency investigations, have
disrupted drug manufacture and trafficking, seizure of drugs and arrests.[29]
In June 2011, the ACC board
approved a special investigation into the highest risk criminal targets which
is expected to run to 30 June 2014.
|
Targeting criminal wealth
Aim: Working in partnership
with stakeholders to reduce the impact of serious and organised crime on the
Australian community by detecting, disrupting and preventing activities
through which criminal wealth is acquired, accumulated, concealed or
transferred.[30]
Highlights & achievements:
- Conduct of 132 examinations and
issue of 202 notices to produce documents leading to the production of 458
intelligence assessments, alerts and briefs provided to partners through 1388
disseminations.
- Disruption of three crime
entities including a money laundering syndicate in Melbourne and serious and
organised investment fraud on the Gold Coast.
- ACC work contributed/led to
seizure of drugs with estimated value of $78.5 million and of $2.7 million in
cash. IT also contributed to the laying of 77 charges of 35 people and
conviction of 8 individuals.
- Task Force Galilee, established
on 13 April 2011 in response to concerns about serious and organised
investment fraud operates under this special investigation.[31]
This special investigation is
due to run to 30 June 2014.[32]
|
Established criminal networks—Victoria
Aim: To work in partnership
with Victoria Police to enhance knowledge and understanding of the nature,
extent, and methodologies of high risk criminal groups and their impact on
the Victorian and national community. Through this work, the ACC also aims to
reduce the threat posed by the highest risk crime groups operating in or
impact on Victoria.
Highlights & achievements:
- Conducted 14 examinations and
produced 6 intelligence products which were provided to partner agencies
through 7 disseminations. Eight of the examinations supported ongoing
Victoria Police investigations with the provision of intelligence about
suspected drug trafficking, money laundering and firearms offences by a
syndicate operating in Victoria.
- Coercive powers used to gather
intelligence about the involvement of criminal networks in the evolving
firearms market, processes used to launder proceeds of crime, and links to
corruption.[33]
|
High risk crime groups—South Australia
Aim: Working in partnership
with South Australia Police to enhance understanding of the nature, extent,
methodologies of high risk criminal groups and their impact on South
Australia and the broader Australian community. Through this work, the ACC
also aim to reduce the threat posed by the highest risk crime groups
operating in or impact on South Australia.
Highlights & achievements:
- Conducted 18 examinations and produced 16
intelligence products which were provided to partners through 22
disseminations.
- Through the special investigation and use of
coercive powers, intelligence was gained on the membership, structure and
activities of outlaw motorcycle gangs operating in South Australia, murders
involving outlaw motorcycle gang members, drug production, financial affairs
of a crime syndicate involved in drug manufacture/distribution, and the use
of violence to facilitate criminal activities.
- Work within this investigation contributed to
charges being laid against three individuals for offences under the Australian
Crime Commission Act (South Australia) 2004.
In May 2011, the ACC board
approved the extension of this special investigation to 30 June 2014.[34]
|
Special operations
4.17
Special operations are focused on gathering intelligence around
particular criminal activity so decisions are informed by the extent, impact
and threat of that activity. During the year, the ACC worked on five special
operations, the aims and highlights of which are summarised below:
Aims, highlights and achievements 2011 –12 of
special operations
|
High risk and emerging drugs
Aim: Working with partners to generate and share intelligence on
illicit drug markets in Australia to develop a more detailed understanding of
the size, profitability, trajectory and drivers of the markets; proactively
monitor and report on new processes and methodologies; identify and report on
the higher risk crime networks operating in the domestic illicit drug
markets; and assist with the disruption of high risk criminal networks and
the markets themselves.[35]
Highlights & achievements:
- Conducted 19 examinations and issued four notices to
produce documents and other records. All examinations concerned importations,
high-level domestic production of illicit drugs or attempts to exploit
systemic vulnerabilities by organised crime groups to establish or increase
their market share.
- Production of 111 intelligence products which were
provided to partners through 347 disseminations.
- Coercive examinations enabled the ACC to contribute
to briefs of evidence by two partner agencies in relation to drug offences
before the courts.
- Assessment has found that traditional drug markets
of methylamphetamine, cannabis, cocaine and heroin remain entrenched, but
that the broader illicit drug market is becoming increasingly diversified,
with a vast array of substances now available. It also notes that many drug
markets are being shaped by the rapidly developing cyber and technology
environment, with details such as new drugs, doses, how to administer,
effects and drug combinations now being spread via social networking and
bulletin boards developed to promote illicit drug use, rather than just word
of mouth.
The ACC board approved this
special operation to run through to 30 June 2014. The overarching
drug-related priorities identified in the Organised Threat Assessment are
expected to guide the ACC's priorities under this special operation for the
next two years. [36]
|
National security impacts from serious and organised
crime
Aim: To provide support on an 'as needs' basis through access to ACC coercive
powers, to investigations by law enforcement and national security agencies
into matters related to national security impacts from serious and organised
crime.[37]
Highlights & achievements:
- 12 examinations conducted and 16 intelligence
products produced which were provided to partners through 57 disseminations.
- Work with the AFP to target and
disrupt domestic-based organisers and facilitators of people smuggling, and
to identify and examine the nature of any actual or potential convergence
between people smuggling syndicates and serious and organised crime groups.
- As a member of Task Force
Polaris established to conduct waterfront-related investigations and to
contribute to a whole-of-government response to organised crime in the
maritime port environment. While 'much of what this task force has achieved
is not public due to the classified nature of the work', the ACC noted that
its work has already led to the arrest of 11 persons and over 60 charges
being laid.[38]
Further, $883 980 and US$20 000 was seized as well as 114 tonnes of tobacco
and 92 million cigarettes representing $74 million in duty.[39]
|
Making Australia hostile to serious and organised
crime
Aim: To assist in making
Australia's society, its institutions, industries and economy hostile to serious
and organised crime.
Highlights & achievements:
- 8 examinations were conducted
and 29 intelligence products were produced and provided to partners through
195 disseminations.
- Use of coercive powers to
develop intelligence to support Department of Sustainability, Environment,
Water, Populations and Communities investigation targeting an
Australian-based syndicate suspected of being involved in international
trafficking of endangered species.
- Central themes of this special
operation include identity crime and cybercrime. Within this thematic work,
the ACC provides strategic and operational analytical assessments on emerging
technologies and contemporary identity crime trends and methodologies.
- In conjunction with the
Department of Climate change and Energy Efficiency, the ACC investigated the
potential exploitation of the Home Insulation Program by serious and
organised criminals. The ACC found no systemic exploitation of the scheme by
such groups.[40]
|
National Indigenous Intelligence Task Force (Indigenous
violence or child abuse No.2)
Aim: To collect and analyse
information concerning violence and child abuse committed against Indigenous
people and related criminal offending to produce reports and targeted
intelligence that partner agencies can act on, support investigations,
provide and instigate policy and law reform advice, and facilitate national
intelligence collection and sharing.
Highlights & achievements:
- 18 field visits were undertaken, 42 examinations
were conducted and 93 notices to produce documents were issued.
- 80 intelligence products including strategic
assessments and intelligence briefs were produced and provided to partners
through 284 disseminations.
- 72 tactical intelligence products were produced and
disseminated 149 times to partner and non-partner agencies including five
target packages which focus on criminality in Indigenous communities.
- 8 analytical intelligence products were disseminated
149 times to partner and non-partner recipient agencies. These included five
target packages which focused on criminality in Indigenous communities and
provided in-depth analysis for stakeholders.[41]
- The use of the ACC's 2010 publication Australia's
Response to Sexualised or Sexually Abusive Behaviours in Children and Young
People by the Law Reform Commission of Western Australia. The report
examined therapeutic services available to divert children and young people
from sexualised or sexual offending behaviours, and the Law Reform Commission
used its findings to review the Community Protection (Offender Reporting)
Act 2004 (WA).[42]
|
Child sex offences
Aim: To support law
enforcement agencies to develop intelligence and investigate child sex
offences, through the use of coercive powers.
Highlights & achievements:
- Three examinations were conducted with seven
intelligence products produced which were provided to partner agencies
through 22 disseminations.
- ACC's work contributed to the disruption of the
activities of one person who was charged with a number of offences. That work
also contributed to the ACC's understanding of the 'methodologies used to
conceal child exploitation material on computers.'[43]
- Examination of the encryption methodologies that
conceal child exploitation material on computers in cooperation with a law
enforcement agency.[44]
- A 12-month investigation undertaken and reported on
in the last annual report led in December 2011, to the sentencing of one
individual to a term of 12 years imprisonment. Found guilty on 87 counts for
offences against 55 separate victims across the country, original charges
included multiple counts of using a carriage service to groom a child under
16 years of age for sex as well as possessing, procuring and producing child
pornography.[45]
|
National criminal intelligence
database and analytic tools
4.18
The national Australian Criminal Intelligence Database (ACID) serves as
a repository for much of the intelligence that the ACC assembles itself as well
as the intelligence uploaded by its partners.
4.19
ACID enables more than 24 Commonwealth, state and territory law
enforcement agencies and other regulatory authorities to securely 'share,
collate and analyse criminal information and intelligence nationally'.[46]
4.20
A scoping study initiated in 2011 to consider how ACID should evolve
into the future is now 'well advanced'. The study is expected to identify the
business requirements for a new criminal intelligence database to replace the
existing database and tools.[47]
4.21
In addition, a data quality improvement program is currently underway to
reduce the incidents of data duplication and increased consistency in
searchable fields. Therefore:
Next year we expect to see changes in access control to
improve information sharing, better integration of ACID data into the ACC-led
National Criminal Intelligence Fusion Capability and improvements to ACID data
quality.[48]
Committee view
4.22
The committee acknowledges the important work that the ACC has
undertaken over the review period and recognises the commission's efforts in
areas including joint taskforces such as Task Force Galilee.
Mr Chris Hayes MP
Chair
Navigation: Previous Page | Contents | Next Page
Top
|