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Chapter 2
Australian Federal Police Annual Report 2013-14
Background
2.1
The Australian Federal Police (AFP) is Australia's international law
enforcement and policing representative and the government's chief source of
advice on policing issues. The role of the agency is to:
...enforce Commonwealth criminal law, to contribute to
combating organised crime and to protect Commonwealth interests from criminal
activity in Australia and overseas as a key member of the national security
community. The AFP leads and contributes to many whole-of-government national
security initiatives.[1]
2.2
Section 8 of the Australian Federal Police Act 1979 (the AFP Act)
outlines the functions of the AFP including:
-
the provision of police services in relation to the laws of the
Commonwealth and the property of the Commonwealth (including Commonwealth
places) and the safeguarding of Commonwealth interests;
-
the provision of police services in relation to the Australian
Capital Territory, the Jervis Bay Territory and Australia's external territories
(Christmas Island, Cocos (Keeling) Islands and Norfolk Island);
-
the provision of protective and custodial functions as directed
by the Minister;
-
the provision of police services and police support services to
assist or cooperate with an Australian or foreign law enforcement agency,
intelligence or security agency, or government regulatory agency; and
-
the provision of police services and police support services to
establishing, developing and monitoring peace, stability and security in
foreign countries.[2]
2.3
The AFP's strategic priorities are determined in accordance with section
8 of the AFP Act and the revised Ministerial Direction, issued on 12 May 2014
under subsection 37(2) of the AFP Act.[3]
Further examination of the revised Ministerial Direction is undertaken in
Chapter 3.
Annual reporting and compliance
2.4
In addition to the legislative requirements outlined above, the AFP is
required to prepare an annual report under section 67 of the AFP Act as
follows:
The annual report prepared by the Commissioner and given to
the Minister under section 46 of the Public Governance, Performance and
Accountability Act 2013 for a period must include particulars of:
- the AFP conduct issues that were dealt with under
Part V [Professional standards and AFP conduct and
practices issues] of this Act during that period; and
- the action that was taken, during that period, in
relation to AFP conduct issues that were dealt with under Division 3 of
Part V [Dealing with AFP conduct or practices
issues]
of this Act.[4]
2.5
During the 2013-14 reporting period, the AFP was a prescribed agency for
the purposes of the Financial Management and Accountability Act 1997
(FMA Act). As an FMA Act agency, the AFP was required to comply with the Requirements
for Annual Reports for Departments, Executive Agencies and FMA Act Bodies,[5]
prepared by the Department of the Prime Minister and Cabinet and approved by
the Joint Committee of Public Accounts and Audit. The annual report's compliance
with these requirements is set out in a compliance index.[6]
2.6
Based on the committee's assessment of the annual report, it fulfils these
requirements.
2.7
Due to the passage of the Public Governance, Performance and
Accountability Act 2013 (PGPA Act) future AFP annual reports will be
produced according to the requirements in that Act.
AFP focus 2013-14
2.8
During the reporting year, the AFP continued to focus on reducing
criminal and other security threats to Australia's collective economic and
societal interests. The AFP concentrated on five key areas, namely:
...establishing and commencing operation of the National
Anti-Gangs Taskforce. The taskforce will enhance Commonwealth investigative,
intelligence and technical capabilities; deliver enhanced national and
international intelligence-led policing; and inform the development of
prevention and disruption activities at jurisdictional and Commonwealth levels;
supporting the whole-of-government United Nations Security
Council effort by providing policing expertise, advice and capacity development;
delivering official development assistance programs in the
Pacific, Timor-Leste, Afghanistan and the Republic of South Sudan;
maintaining strong liaison and operational links with
international partners to disrupt serious criminal and national security
threats; and
contributing to the whole-of-government approach to combating
fraud and corruption.[7]
AFP achievements 2013-14
2.9
Commissioner Colvin highlighted a number of the AFP's key achievements
in 2013-14, which included:
-
the completion of the 6 and-a-half-year commitment to support the
Afghan National Police (ANP);
-
the fiftieth year of unbroken peacekeeping operations in Cyprus;
-
the tenth anniversary of the Regional Assistance Mission to
Solomon Islands;
-
implementation of the National Anti-Gangs Squad;
-
expansion of the deployment in Papua New Guinea;
-
restraint of $134 million worth of criminal assets;
-
95 per cent conviction rate; and
-
311 new recruits graduated from the AFP College in Canberra.[8]
2.10
In his opening statement, Commissioner Colvin noted that the AFP had
successfully met its KPIs for the third year in a row.[9]
2.11
Commissioner Colvin informed the committee that, throughout the year in
review, the AFP had continued several successful international engagements.
These included the withdrawal of the AFP from Afghanistan after a 6 and a
half year tour, and 50 years of peacekeeping duties in Cyprus with the United
Nations.[10]
2.12
Commissioner Colvin also drew the committee's attention to the 10th anniversary
of the AFP's Regional Assistance Mission in the Solomon Islands.[11]
Strategic Leaders' Group
2.13
The Strategic Leaders' Group (SLG) is the AFP's peak advisory committee.
Its membership consists of the Commissioner as Chair, Deputy
Commissioners, Chief Operating Officer, Chief Police Officer ACT Policing,
National Managers and two non-executive members. The SLG assists the
Commissioner to make decisions and to exercise his statutory responsibilities.
The SLG also supports the Commissioner in developing and enhancing partnerships
with external stakeholders.[12]
2.14
During 2013-14, the SLG considered many issues, including:
-
the strategic implications of an increasingly constrained fiscal
environment, and future challenges and opportunities for the AFP;
-
the strategic and operational environment and the consequent
implications for the AFP’s operational activity, technical and capability
development, and international presence;
-
the evolving national security environment, strategic alliances,
and approaches to maintaining a focus on coordination and partnerships;
-
the establishment of the Investigations Standards and Practices
Group;
-
operational and workforce performance, and the AFP's continued
success against its key performance indicators;
-
the response to government priorities, and promotion of
organisational flexibility and innovation to deal with the ever-changing
criminal environment;
-
the reaffirmation of the AFP Strategic Plan 2012–2015;
-
the implementation of the AFP's Strategic Capability Plan and
development of a new strategic plan for information and communications
technology; and
-
developments in proceeds of crime, law reform, cybercrime,
offshore fighters, technology and innovation.[13]
2.15
The SLG also maintained its focus on continuing the AFP's strong
organisational and financial performance.[14]
AFP outcomes and planned performance
2.16
The AFP's outcomes and planned performance for 2013-14 were initially set
out in the Attorney‑General's Portfolio Budget Statements.[15]
2.17
While the AFP had four programs under Outcome 1, during the 2013-14
reporting period these were merged into two following Portfolio Additional
Estimates Statements.[16]
The original outcomes and programs for 2013-14 are included below.
2.18
The annual report suggests that the new program structures are intended
to streamline the AFP's reporting to meet whole-of-government reporting:
Three programs under Outcome 1 (1.1: National
Security—Policing, 1.3: Operations—Policing and 1.4: Close Operational Support)
were consolidated into a single program (1.1: Federal Policing and National
Security). Program 1.2 was renamed with the more appropriate title of
International Police Assistance. Simplified reporting enables the AFP to meet
whole-of-government reporting requirements while maximising flexibility in the
use of resources. There was no change to the AFP’s functions or activities as a
result of the program restructure.[17]
Original Outcome 1
2.19
At the commencement of the reporting year and prior to the consolidation
and reorganisation of the AFP's programs, Outcome 1 focused
on numerous objectives of the AFP, including reducing criminal and security
threats to Australia's collective economic and societal interests through
co-operative policing services.[18]
It included the following programs:
-
Program 1.1 (National Security—Policing) focused on crime
prevention and comprises the Counter Terrorism, Aviation and Protection
functions of the AFP;
-
Program 1.2: (International Deployments) delivered initiatives on
behalf of the Australian Government that are aimed at improving regional and
international security, stability and governance. It was supported by the
International Deployment Group;
-
Program 1.3: (Operations—Policing) sought to reduce criminal
threats to Australia's collective economic and societal interests by employing
a multidisciplinary approach to combating crimes against the Commonwealth. The
program comprised the Serious and Organised Crime (which includes the International
Network) and Crime Operations functions; and
-
Program 1.4: (Close Operations Support) provided specialist
support to the AFP's national security and operations programs, in particular
keeping pace with advancements in technology and science, and comprised the
Operations Support, Intelligence, Forensic and Data Centres, and High Tech
Crime Operations, Legal and Proceeds of Crime Litigation functions.
Revised Outcome 1
2.20
The revised programs are detailed below.
Revised program 1.1 (Federal
Policing and National Security)
2.21
Program 1.1 now incorporates Aviation, Counter Terrorism and Protection,
the Crime Program, International Network and some joint task forces with
Commonwealth and law enforcement partners, and Close Operation Support.[19]
It merges former programs 1.1, 1.3 and 1.4.
Revised program 1.2 (International
Police Assistance)
2.22
Program 1.2 promotes national security by providing policing support for
international partners. This program is facilitated by the AFP's official
development assistance capacity-building in Asia and the Pacific, together with
AFP contributions to United Nations missions.[20]
Outcome 2—ACT Community Policing
2.23
Outcome 2 requires a safe and secure environment through policing
activities on behalf of the Australian Capital Territory (ACT) Government. The
AFP fulfils this outcome via ACT Policing, as the community policing arm of the
AFP in the ACT.[21]
2.24
A purchase agreement between the ACT Minister for Police and Emergency
Services, the AFP Commissioner and the Chief Police Officer of the ACT
specifies the cost, type and level of services required by the ACT Government
from the AFP. Through ACT Policing, the AFP provides crime and safety
management, road safety, prosecution and judicial support, and crime prevention
to the ACT Government.[22]
Key Performance Indicators
2.25
As a result of the changes to Outcome 1, the number of AFP KPIs was
revised down from 33 in 2012‑13 to 29 in 2013-14.[23]
Following the significant program restructure (outlined above), performance
indicators have been updated to reduce duplication, with targets for
performance raised to 85 per cent for stakeholder satisfaction and kept at 90
per cent for conviction rates.[24]
2.26
In his opening remarks to the committee, Commissioner Colvin noted:
[The 2013-14 Annual Report] culminates the third year in a
row that we have met all of our key performance indicators which, again, was
the first time in the AFP's history that we have been able to string together
such a consistent term of meeting our KPIs. Of course, KPIs are only one window
to view the AFP through. We feel the annual report is a very good document to
outline the activities of the organisation—our successes and the things that we
have been involved in for that 2013-14 year.[25]
2.27
The annual report notes that cooperation between the AFP's business
partners continues to be measured via the AFP Business Satisfaction Survey. The
survey itself notes that the AFP reached 92 per cent stakeholder satisfaction
in 2014, the highest figure recorded.[26]
2.28
Performance also continues to be measured by 'conviction rates', which
denote cases where at least one defendant was convicted or where the case is
proven without conviction.[27]
2.29
Given the amalgamation of programs and restructure of KPIs within the
annual report itself, the committee has examined the AFP's performance against
the revised outcomes and programs, as set out below.
Outcome 1—key highlights and performance
2.30
The AFP met all of its KPI targets for three successive financial years,
with its performance improving on 12 indicators (1–3, 5, 7, 13–16, 23–24 and
27).[28]
Program 1.1: Federal Policing and
National Security
2.31
Program 1.1 focuses on the reduction of criminal and security threats to
Australia:
The program’s primary focus is to reduce criminal and
security threats to Australia’s collective economic and societal interests by
promoting the safety and security of Australian communities and infrastructure;
preventing, deterring, disrupting and investigating serious and organised crime
and crimes of Commonwealth significance; and ensuring effective collaboration
with Commonwealth, state and territory, and international partners.[29]
2.32
Following the restructure outlined above, Program 1.1 contains three
major components, largely reflective of the structure of previous Programs 1.1,
1.3 and 1,4:
-
National Security—Policing;
-
Operations—Policing; and
-
Close Operation Support.[30]
2.33
The annual report notes that the AFP exceeded all performance targets
within Program 1.1.[31]
National Security—Policing
2.34
The annual report notes that the AFP exceeded all performance targets in
National Security—Policing through:
-
matching the previous year's 100 per cent prosecution, disruption
or intelligence referral outcome within counter-terrorism investigations (KPI
6);
-
increasing the level of community confidence in the AFP's
contribution to law enforcement and security at Australian airports to 87 per
cent (KPI 7); and
-
maintaining a positive result for protection services, including
Uniform Protection (KPI 10) and Close Personal Protection (KPI 11).[32]
Operations—Policing
2.35
The annual report notes successes against Operations—Policing KPIs as
follows:
-
continued adherence to the Organised Crime Strategic Framework
resulting in an increase to 75 per cent in jointly conducted serious and
organised crime investigations (KPI 13);
-
success in drug and fraud investigations reflected in a strong
return on investment (KPI 14);[33]
-
targeted criminal financial investigations (KPI 15) resulting in
restraint of $134 million of criminal assets restrained by the Criminal Assets Confiscation
Taskforce (KPI 16) above the target of $43.2 million.[34]
Close Operation Support
2.36
The annual report details that the AFP's use of forensics allowed it to
meet and/or exceed service-level targets for quality, timeliness and throughput
in KPIs 17, 18 and 19 respectively.[35]
2.37
The annual report also notes the AFP's successes against KPIs 20–23,
which relate to High Tech Crime Operation investigation targets for high
impact cases, together with case throughput. The latter two KPIs saw the AFP
meet requirements for increasing technology crime awareness for AFP staff and
school communities.[36]
Operations and multi-agency
taskforces 2013-14
2.38
The AFP continues to lead Australia's capacity to detect and defeat
serious and organised crime through the Commonwealth Organised Crime Strategic
framework.[37]
2.39
Some operational highlights across the AFP's programs include:
-
establishment of the National Anti-Gangs Taskforce, with a focus
on the enhancement of Commonwealth investigative, intelligence and technical
capabilities and delivery of enhanced national and international
intelligence-led policing;[38]
-
Operation Rathlin—a multi-agency counter-terrorism investigation
undertaken by the Sydney based Joint Counter Terrorism Team, with
representatives from NSW Police, NSW Crime Commission and the Australian Security
Intelligence Organisation;[39]
-
Operation Duntulum—an investigation into the activities of a
group of people believed to be engaging in or preparing to engage in the
ongoing conflicts in Syria and Iraq in contravention of the Crimes (Foreign
Incursions and Recruitment) Act 1978;[40]
-
Operation Celestine—a joint operation between the AFP, Australian
Customs and Border Protection Service (ACBPS), and the Royal Canadian Mounted
Police that uncovered a travel scam targeting elderly victims and using them as
drug mules, including through countries which enforce the death penalty on drug
smugglers;[41]
-
Operation Ecrue—a joint operation between the AFP and Royal Thai
Police that resulted in the seizure of 140 kilograms of heroin destined for
Australia and the associated disruption to a transnational crime syndicate;[42]
-
Operation Ebrima—a joint Commonwealth-State investigation that
commenced with the detection of more than 200 kilograms of methamphetamine in a
six-wheeled truck from China. The estimated street value of the methamphetamine
was up to $200 million, and three individuals have been arrested, two of whom
have since pleaded guilty and are awaiting sentencing. To date, it represents
one of the largest cross jurisdiction and cross agency investigations within Australia,
through the collaborative efforts of the AFP, State police (Victoria, New South
Wales and Queensland), ACBPS, Australian Taxation Office (ATO), AUSTRAC, the
ACC and the NSW Crime Commission.[43]
National Anti-Gangs Squad
2.40
As outlined above, the AFP is particularly focused on anti-gang
operations. This is demonstrated by the establishment of the National
Anti-Gangs Squad which provides 'a coordinated nationwide capability to deter,
detect and disrupt gang-related crimes'.[44]
Since its inception the Squad has responded to over 380 requests for assistance
from state and territory jurisdictions, and assisted in disrupting serious gang‑related
criminal activity through 72 gang-related investigations.[45]
To date, the operations of the Squad has resulted in the AFP seizing a total of
205 firearms, over $1.2 million in cash and more than 40 motor
vehicles.[46]
Waterfront Operations
2.41
As discussed above, the AFP is actively enhancing its cross
jurisdictional and multi-agency operations. Waterfront Operations is an example
of a multi-jurisdictional and multi-agency initiative which targets serious and
organised crime on the waterfront across the east coast of Australia.[47]
The AFP supports the operations of waterfront taskforces in New South Wales,
Victoria and Queensland.
2.42
In 2012-13, the waterfront taskforces resulted in more than 56 arrests
and seized seven firearms, seizure of:
-
38 kilograms of illicit drugs and precursor chemicals;
-
177 tonnes of tobacco;
-
more than $2 million in cash; and
-
$12.7 million in restrained assets.[48]
2.43
During the committee's hearing, Commissioner Colvin emphasised the
importance of multi-jurisdictional and multi-agency collaboration:
...the key message...is that multiagency task forces work.
Within the federated system that we have in Australia it is impossible for us
to act in isolation... Through MOUs and arrangements and structures, these teams
are formalising those multinational or multijurisdictional arrangements... The
key for us is bringing multiple agencies to the table that have not just
different jurisdictional responsibilities but also different skill sets... For instance,
with the waterfront task forces, one of the key initiatives that we do is
engage with some non-traditional partners...who know the business, they know the
vulnerabilities and they know the industry far better than a police officer
can. The success of places like our waterfront task forces and the National
Anti-Gangs Squad is built on the fact that multijurisdictional, multiagency
task forces is the only way to be successful against organised crime.[49]
Proceeds of crime activities 2013-14
2.44
As discussed with reference to KPI 15 above, the AFP continues to lead
and host the Criminal Assets Confiscation Taskforce (CACT). Through the CACT,
the AFP is able to enhance its focus on following and seizing money in targeted
criminal investigations.[50]
2.45
The CACT coordinates a dynamic and systematic approach to criminal asset
confiscation, while aiming to remove the revenue of crime. The taskforce utilises
resources of the ACC and the ATO, and consists of teams based in Brisbane,
Sydney, Melbourne, Perth and Canberra that together provide national coverage.[51]
2.46
The annual report notes that referrals from the CACT to the ATO have
resulted in the initiation of numerous cases, of which 59 have been finalised
resulting in over $30 million being raised in liabilities. Current cases have
an estimated liability of around $137 million.[52]
2.47
Of particular note are two operations involving the CACT which are
discussed in further detail below.
Operation Nosean
2.48
In October 2012, the CACT and the ATO commenced an investigation into
suspected money laundering and tax fraud in relation to the purchase and sale
of gold bullion. The annual report notes:
The objective of the fraud is to generate tax refunds that
entities are not entitled to. The estimated loss to the Commonwealth from
groups alleged to be involved in this fraud type is in excess of $300 million
and growing.[53]
2.49
Operation Nosean, through specific targeting of a criminal group who had
allegedly defrauded the Commonwealth of more than $40 million, resulted in CACT
executing 16 search warrants in New South Wales and Victoria. The operation
resulted in the restraint of $22 million in cash and other assets that were 'deemed
to be proceeds of crime'.[54]
Operation Euclase
2.50
Operation Euclase refers to an investigation in which a Chinese man
arriving in Australia was investigated for allegedly receiving proceeds of
crime through a large bag on closed circuit television. The subsequent
investigation into the person's use of the funds resulted in his arrest in
Sydney, and the arrest of another individual in Hong Kong. The annual report
notes that 'the AFP acted quickly to freeze and restrain all funds associated
with the crime. Further cooperation with Hong Kong is continuing'.[55]
Program 1.2: International Police
Assistance
2.51
Program 1.2 focuses on reducing criminal and national security threats
through the International Development Group (IDG). The IDG contains numerous
collaborative police development missions, internationally mandated peace
operations and, in accordance with Australian foreign policy, civil policing
assistance.[56]
2.52
In 2013-14 the IDG exceeded its KPIs (24 and 25), as demonstrated by
consistently positive feedback and high external stakeholder rating.[57]
2.53
Further, the annual report notes performance against additional KPIs in
Program 1.2:
The IDG committed 95 per cent of its resources to the
Asia–Pacific region (KPI 27), while remaining consistent with the World Bank’s
rule-of-law indicators (KPI 28). The IDG also exceeded the targets for two new
KPIs relating to the training of law and justice officials (KPI 26) and
assistance to national security and aid priority countries (KPI 29).[58]
Development assistance program in
Afghanistan
2.54
A specific example of Program 1.2 in operation was the AFP's development
assistance program in Afghanistan from 2007 to 2014. The operation resulted in
the deployment of 136 AFP members to mentor and train the Afghan National
Police (ANP) on aspects related to community policing.[59]
During that period, the AFP trained and mentored over 2000 ANP officers.[60]
2.55
In line with Australia's broader drawdown in the region, the AFP has
gradually withdrawn its members from Afghanistan since 2013.[61]
The final withdrawal was completed in January 2014, when all AFP members
returned home safely.[62]
2.56
Commissioner Colvin remarked that the operation in Afghanistan had been
'a very successful deployment' under difficult circumstances and conditions.[63]
Resources and staffing
2.57
The AFP reported a departmental operating deficit of $12 million which
represents an increase from a deficit of $2.5 million in 2012-13.[64]
2.58
The report notes the deficit can be attributed to expenses for the costs
of redundancies, 'recognised at the end of the financial year to allow the AFP
to establish a sustainable workforce in the future'.[65]
2.59
The departmental operating income for 2013-14 was $1296 million,
an increase from $1282 million in 2012-13,[66]
that comprises:
-
$992 million in government appropriation ($978 million in
2012-13);
-
$159 million from the ACT government for policing services
($146 million in 2012-13); and
-
$158 million in other revenue ($145 million in 2012-13).[67]
2.60
The AFP also received an additional $31 million ($25 million in 2012-13)
in government appropriation for capital expenditure and $59 million ($11
million in 2012-13) as an equity injection 'for new initiatives.'[68]
In 2013-14, the AFP administered $20 million in expenses on behalf of the
government (an increase from $17 million in 2012-13).[69]
2.61
As of 30 June 2014, the AFP had 6853 staff comprising 3620 sworn police,
639 protective service officers, 2582 unsworn staff and 12
employees in the Asia‑Pacific Group.[70]
2.62
The following table provides a comparison of staffing figures between
2012-13 and 2013-14.[71]
Table
1—AFP staffing 2012-13 and 2013-14
Sworn status
|
2012-13
|
2013-14
|
Sworn police
|
3573
|
3620
|
Protective service officer
|
733
|
639
|
Unsworn staff
|
2591
|
2582
|
Total
|
6897
|
6841
|
Asia-Pacific Group
|
12
|
12
|
Grand Total
|
6909
|
6853
|
Committee view
2.63
The committee is satisfied that the AFP has met its KPIs for 2013-14,
and notes it has done so with a higher overall stakeholder satisfaction rating
of 92 per cent, up from 90 per cent in 2012-13. The committee notes the
significant streamlining of programs within Outcome 1 and will continue to
monitor the AFP's outputs in Outcomes 1 and 2 over the coming reporting period.
2.64
In relation to the AFP's financial statements, the committee agrees that
the AFP has had a successful year, notwithstanding the increase in operating
deficit from $2.5 million in 2012-13 to $12 million in 2013-14. The committee
notes that the deficit is relatively small, at approximately one per cent of
the APF's operating income. The committee will continue to monitor the AFP's
financial statements accordingly.
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