Chapter 1 - Introduction

[1]        Parliamentary Joint Committee on Law Enforcement Act 2010, ss. 7(1).

[2]        House of Representatives Hansard, 18 March 2010, p. 2925.

[3]        Votes and Proceedings, No. 12—17 October 2016, p. 220.

[4]        Journals of the Senate, No. 12—7 November 2016, p. 356. The annual report was presented out of sitting in the Senate on 14 October 2016.

Chapter 2 - Australian Federal Police Annual Report 2015–16

[1]        Australian Federal Police (AFP), Annual Report 2015–16, p. 8.

[2]        Australian Federal Police Act 1979, s. 8.

[3]        Attorney General's Department (AGD), Portfolio Budget Statement 2015–16, p. 125.

[4]        AFP, Annual Report 2015–16, p. 8. See also Ministerial Direction, https://www.afp.gov.au/about-us/governance-and-accountability/governance-framework/ministerial-direction (accessed 20 March 2017).

[5]        AFP, Annual Report 2015–16, p. 8. See also: AGD, Portfolio Budget Statement 2015–16, p. 130 and p. 140.

[6]        Australian Federal Police Act 1979, s. 67.

[7]        Public Governance, Performance and Accountability Act 2013, s. 46.

[8]        Public Governance, Performance and Accountability Rule 2014, div. 3A.

[9]        Public Governance, Performance and Accountability Act 2013, s. 39.

[10]      AFP, Annual Report 2015–16, p. 1.

[11]      AFP, Annual Report 2015–16, p. 1.

[12]      AFP, Annual Report 2015–16, p. 10.

[13]      AFP, Annual Report 2015–16, p. 10.

[14]      AFP, Annual Report 2015–16, p. 10.

[15]      AFP, Annual Report 2015–16, p. 12.

[16]      AFP, Annual Report 2015–16, p. 12.

[17]      AFP, Annual Report 2015–16, p. 10.

[18]      AFP, Annual Report 2015–16, p. 10.

[19]      AFP, Annual Report 2015–16, p. 43.

[20]      AFP, Annual Report 2015–16, p. 43.

[21]      AFP, Annual Report 2015–16, p. 44.

[22]      AFP, Annual Report 2015–16, p. 45.

[23]      AFP, Annual Report 2015–16, p. 45.

[24]      Mr Andrew Wood, Acting Chief Operating Officer, AFP, Committee Hansard, 14 June 2017, p. 3.

[25]      AFP, Annual Report 2015–16, p. 46.

[26]      AFP, Annual Report 2015–16, p. 46.

[27]      AFP, Annual Report 2015–16, p. 87.

[28]      AFP, Annual Report 2015–16, p. 8.

[29]      AGD, Portfolio Budget Statement 2015–16, p. 112.

[30]      AFP, Annual Report 2015–16, Appendix E, pp 148–49.

[31]      AGD, Portfolio Budget Statement 2015–16, p. 130.

[32]      AGD, Portfolio Budget Statement 2015–16, p. 130.

[33]      AGD, Portfolio Budget Statement 2015–16, p. 132.

[34]      AFP, Annual Report 2015–16, p. 22.

[35]      AGD, Portfolio Budget Statement 2015–16, pp 133-34.

[36]      AGD, Portfolio Budget Statement 2015–16, p. 132.

[37]      AGD, Portfolio Budget Statement 2015–16, p. 132.

[38]      AGD, Portfolio Budget Statement 2015–16, p. 132.

[39]      AGD, Portfolio Budget Statement 2015–16, p. 138.

[40]      AFP, Annual Report 2015–16, p. 34.

[41]      AFP, Annual Report 2015–16, p. 34.

[42]      AFP, Annual Report 2015–16, p. 34.

[43]      AFP, Annual Report 2015–16, p. 34.

[44]      AFP, Annual Report 2015–16, p. 38.

[45]      AGD, Portfolio Budget Statement 2015–16, p. 141.

[46]      AFP, Annual Report 2015–16, p. 38.

[47]      Key Performance Indicators (KPIs) 1–9 correspond with Program 1.1, and KPI 10 and 11 correspond to Program 1.2.

[48]      AFP, Annual Report 2015–16, p. 2.

[49]      AFP, Annual Report 2015–16, p. 23.

[50]      AFP, Annual Report 2015–16, p. 24.

[51]      AFP, Annual Report 2015–16, p. 25.

[52]      AFP, Annual Report 2015–16, p. 25.

[53]      Mr Michael Phelan, Acting Commissioner, AFP, Committee Hansard, 14 June 2017, pp 4–5.

[54]      Mr Phelan, AFP, Committee Hansard, 14 June 2017, p. 5.

[55]      Mr Phelan, AFP, Committee Hansard, 14 June 2017, p. 5.

[56]      Mr Phelan, AFP, Committee Hansard, 14 June 2017, p. 5.

[57]      AFP, Annual Report 2015–16, p. 27.

[58]      AFP, Annual Report 2015–16, p. 26.

[59]      AFP, Annual Report 2015–16, p. 26.

[60]      AFP, Annual Report 2015–16, p. 28.

[61]      AFP, Annual Report 2015–16, p. 28.

[62]      AFP, Annual Report 2015–16, p. 29, see note 1.

[63]      AFP, Annual Report 2015–16, p. 29.

[64]      AFP, Annual Report 2015–16, p. 30.

[65]      AFP, Annual Report 2015–16, p. 30.

[66]      AFP, Annual Report 2015–16, p. 30.

[67]      AFP, Annual Report 2015–16, p. 30.

[68]      AFP, Annual Report 2015–16, p. 30.

[69]      AFP, Annual Report 2015–16, p. 32.

[70]      AFP, Annual Report 2015–16, p. 32.

[71]      AFP, Annual Report 2015–16, p. 33.

[72]      AFP, Annual Report 2015–16, p. 33.

[73]      Mr Neil Gaughan, Acting Deputy Commissioner Operations, AFP, Committee Hansard, 14 June 2017, p. 4.

[74]      Mr Gaughan, AFP, Committee Hansard, 14 June 2017, p. 4.

[75]      AFP, Annual Report 2015–16, p. 34.

[76]      AFP, Annual Report 2015–16, p. 34.

[77]      AFP, Annual Report 2015–16, p. 34.

[78]      AFP, Annual Report 2015–16, p. 35.

[79]      AFP, Annual Report 2015–16, p. 35.

[80]      AFP, Annual Report 2015–16, p. 36.

[81]      AFP, Annual Report 2015–16, p. 37.

[82]      AFP, Annual Report 2015–16, p. 37.

[83]      AFP, Annual Report 2015–16, p. 37.

[84]      AFP, Annual Report 2015–16, Appendix E, pp 146–47.

[85]      AFP, Annual Report 2015–16, Appendix E, pp 148–49.

[86]      AFP, Annual Report 2015–16, p. 88.

[87]      AFP, Annual Report 2015–16, p. 88.

[88]      AFP, Annual Report 2015–16, p. 88.

[89]      AFP, Annual Report 2015–16, p. 88.

[90]      Mr Andrew Wood, Acting Chief Operating Officer, AFP, Committee Hansard, 14 June 2017, p. 7.

[91]      Mr Wood, AFP, Committee Hansard, 14 June 2017, p. 7.

[92]      AFP, Annual Report 2015–16, p. 98.

[93]      AFP, Annual Report 2015–16, p. 72.

[94]      AFP, Annual Report 2015–16, p. 72.

[95]      AFP, Annual Report 2015–16, p. 72.

[96]      AFP, Annual Report 2015–16, p. 72.

[97]      AFP, Annual Report 2015–16, p. 72.

[98]      AFP, Annual Report 2015–16, p. 14.

[99]      Mr Phelan, AFP, Committee Hansard, 14 June 2017, pp 7–8.

[100]    AFP, Annual Report 2015–16, p. 14.

[101]    Parliamentary Joint Committee on Law Enforcement Act 2010, para. 7(1)(d).

[102]    Australian Government, Australian Government response to the Parliamentary Joint Committee on Law Enforcement report: Examination of the Annual Report of the Australian Federal Police 2014–15, 17 October 2017, p. [1]. 

[103]    Committee Hansard, 14 June 2017, p. 7.

Chapter 3 - Complaints handling and Ombudsman's findings

[1]        Australian Federal Police (AFP), Annual Report 2015–16, p. 84.

[2]        Law Enforcement Integrity Commission Act 2006, s. 19. For a definition of 'law enforcement agency' see section 5 of the Act.

[3]        Mr Andrew Wood, Acting Chief Operating Officer, AFP, Committee Hansard, 14 June 2017, p. 3.

[4]        AFP, Annual Report 2015–16, p. 84.

[5]        AFP, Annual Report 2015–16, Appendix A, p. 130.

[6]        Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017. Part V of the AFP Act prescribes the process for recording and dealing with AFP conduct and practices issues (that is, conduct which may be corrupt conduct or contravenes AFP professional standards).

[7]        Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 1.

[8]        Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 1.

[9]        Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 8.

[10]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 10.

[11]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 11.

[12]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 11.

[13]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, pp 11–12.

[14]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 12.

[15]      Australian Federal Police Act 1979, ss 40RI(1).

[16]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 12.

[17]      Commonwealth Ombudsman, Annual Report on the Ombudsman's activities under Part V of the Australian Federal Police Act 1979, May 2017, p. 12.

[18]      Crimes Act 1914, s. 15GC.

[19]      See Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017.

[20]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 8.

[21]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 8.

[22]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, pp 8–9.

[23]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 9.

[24]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 8.

[25]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 9.

[26]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 9.

[27]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, pp 9–10.

[28]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, pp 10–11.

[29]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 11.

[30]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s activities in monitoring controlled operations, April 2017, p. 11.

[31]      Surveillance Devices Act 2004, ss. 55(1).

[32]      Surveillance Devices Act 2004, ss. 6A(6).

[33]      Commonwealth Ombudsman, Report to the Attorney-General on agencies’ compliance with the Surveillance Devices Act 2004, September 2016.

[34]      Commonwealth Ombudsman, Report to the Attorney-General on agencies’ compliance with the Surveillance Devices Act 2004, March 2017, p. 1.

[35]      Commonwealth Ombudsman, Report to the Attorney-General on agencies’ compliance with the Surveillance Devices Act 2004, September 2016, p. 1 (citations omitted).

[36]      Commonwealth Ombudsman, Report to the Attorney-General on agencies’ compliance with the Surveillance Devices Act 2004, September 2016, p. 9.

[37]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 1.

[38]      Namely, whether the AFP is dealing with lawfully accessed stored communications; whether the AFP had properly managed accessed information; whether the AFP had properly applied the preservation notice provisions; whether the AFP satisfied certain record keeping and reporting obligations; and whether the AFP was cooperative and frank. 

[39]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 20. 

[40]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 20. 

[41]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 21.

[42]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 21.

[43]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 22.

[44]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 22.

[45]      Commonwealth Ombudsman, A report on the Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data under Chapters 3 and 4 of the Telecommunications (Interception and Access) Act 1979, March 2017, p. 22.