Committee's duty to examine reports
1.1
The Parliamentary Joint Committee on Law Enforcement (the committee) has a statutory duty to examine each annual report of the Australian Criminal Intelligence Commission (ACIC), formally known as the Australian Crime Commission (ACC), under the Parliamentary Joint Committee on Law Enforcement Act 2010 (the Act).
1.2
In relation to the ACIC, section 7 of the Act requires the committee to monitor and review the agency's performance, examine each of its annual reports, consider any trends or changes in criminal activities, and report to the Parliament on any matter or changes it thinks desirable pertaining to the function, performance, structure, powers, and procedures of the ACIC.
1.3
The duty of the committee to examine annual reports of the ACIC under the Act stems from an expectation that agencies which have been granted strong coercive powers, such as the ACIC, should be subject to additional oversight.
Report under consideration and process of examination
1.4
The ACIC Annual Report 2019–20 (annual report) was presented to the then Minister for Home Affairs, the Hon Peter Dutton MP, on 16 September 2020. The report was received in the Senate on 15 October 2020 and tabled on 9 November 2020, and tabled in the House of Representatives on 19 October 2020.
1.5
As part of its examination of the annual report, the committee held a public hearing on 12 April 2021.
Background information
1.6
On July 1 2016, changes were made to the Australian Crime Commission Act 2002 (ACC Act) through the Australian Crime Commission Amendment (National Policing Information) Act 2016 (ACC Amendment Act) to combine CrimTrac and the ACC. The ACC, as noted above, is now known as the ACIC.
1.7
The ACIC's purpose as Australia's national criminal intelligence agency is to 'make Australia safer through improved national ability to discover, understand and respond to current and emerging crime threats and criminal justice issues'. In practice, the ACIC:
conducts special intelligence operations and investigations to reduce serious and organised crime threats to Australia;
builds the national picture of crime with Commonwealth and state and territory partners; and
connects police and law enforcement to essential criminal intelligence, policing knowledge and information through collaborative national information systems and services.
1.8
The ACIC has a range of stakeholders, including state and territory, national and international law enforcement and intelligence agencies, Australian academic institutions, private sector entities and the wider community.
1.9
The ACIC is a statutory agency that sits within the Home Affairs Portfolio, and as such, the annual report reports against the Home Affairs Portfolio Budget Statements 2019–20.
1.10
This is the fourth time the committee has examined an annual report of the ACIC, which is preceded by seven previous examinations of ACC annual reports. The reporting period examined by the committee commenced on 1 July 2019 and ended 30 June 2020.
Supporting documents and key legislation
1.11
The ACIC annual report is supported by the following documents:
The Home Affairs Budget Statements 2019–20: Budget Related Paper No. 1.10 establishes the ACIC's strategic direction, resources, budget measures and expenses, outcome, program and financial statements.
The ACIC Strategic Plan 2018–23 summarises the ACIC's approach, purpose, functions and strategic objectives.
The ACIC Corporate Plan 2018–19 to 2021–22 is the primary planning document for the Commission, prepared in accordance with the Public Governance, Performance and Accountability Act 2013 (PGPA Act).
1.12
Key legislation that governs the ACIC's activities includes the:
ACC Act (enabling legislation);
Telecommunications (Interception and Access) Act 1979;
Surveillance Devices Act 2004;
Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019 SOSI Act.
1.13
One change made to the above legislative framework during the reporting period is worth noting here. In December 2019, the SOSI Act amended the ACC Act to change the process by which the ACIC Board authorises ACIC special investigations and special operations, including by amending the threshold of which it must be satisfied. The SOSI Act also confirmed the validity of current and former special operations and special investigations. The committee recently conducted a separate inquiry into the operation of the SOSI Act and presented its final report in August 2021.
Executive and external scrutiny
1.14
In addition to the committee, the ACIC is subject to oversight or some form of scrutiny by the:
Minister for Home Affairs;
Department of Home Affairs;
Australian Commission for Law Enforcement Integrity;
Parliamentary Joint Committee on Law Enforcement;
Senate Estimates Committee (Legal and Constitutional Affairs);
Inter-Governmental Committee on the Australian Crime Commission;
Judicial Review—primarily through the Federal Court of Australia; and
Australian National Audit Office.
Structure of the committee report
1.15
In addition to this introductory chapter, the committee's examination report comprises the following chapters:
Chapter 2 examines the ACIC's compliance with annual report requirements, agency priorities and activities, staffing profile and diversity, internal governance activities, financial performance, and notable findings from relevant Commonwealth Ombudsman reports.
Chapter 3 considers the ACIC's performance against its Portfolio Budget Statements outcome and key performance criteria.
Chapter 4 details issues discussed during the hearing with the ACIC.
Acknowledgements
1.16
The committee acknowledges the co-operation of the ACIC officials who assisted the committee in its examination.
Note on references
1.17
In this report, references to Committee Hansard are to proof transcripts. Page numbers may vary between proof and official transcripts.