Parliamentary Joint Committee on the Australian Crime Commission Examination of the Australian Crime Commission Annual Report 2007–08 June 2009 © Commonwealth of Australia ISBN 978-1-74229-127-7 This document was prepared by the Secretariat of the Parliamentary Joint Committee on the Australian Crime Commission and printed by the Senate Printing Unit, Parliament House, Canberra The Committee Members: Senator Steve Hutchins (Chair) Senator Sue Boyce (Deputy Chair) (from 23 February 2009) Mr Jason Wood MP (Deputy Chair) (to 23 February 2009) Senator Stephen Parry Senator Helen Polley Senator Steve Fielding Senator Guy Barnett (to 11 February 2009) Mr Nicholas Champion MP Mr Stephen Gibbons MP Mr Christopher Hayes MP The Hon. Sussan Ley MP Secretariat Dr Jacqueline Dewar, Secretary Dr Robyn Clough, Principal Research Officer Mrs Nina Boughey, Senior Research Officer Mrs Danielle Oldfield, Executive Assistant Parliament House CANBERRA Telephone: (02) 6277 3419 Facsimile: (02) 6277 5866 Email: [email protected] Internet: www.aph.gov.au/senate_acc iii iv Table of Contents The Committee .................................................................................................. iii Recommendations ............................................................................................ vii Acronyms and abbreviations list ...................................................................... ix Chapter 1 ............................................................................................................. 1 Introduction .............................................................................................................. 1 The committee's duty to examine reports ............................................................... 1 Report under consideration ..................................................................................... 1 Inquiry into the Report ........................................................................................... 1 Acknowledgments .................................................................................................. 1 Adoption of this Report .......................................................................................... 2 Chapter 2 ............................................................................................................. 3 Australian Crime Commission Annual Report 2007-08 ....................................... 3 Annual reporting and compliance .......................................................................... 3 Performance: Output 1 – Criminal Intelligence Services ....................................... 3 Performance: Output 2 – Investigation and intelligence operations into federally relevant criminal activity ........................................................................................ 8 Financial and physical performance ..................................................................... 17 Accountability and governance ............................................................................ 20 Conclusion ............................................................................................................ 31 Appendix 1 ......................................................................................................... 33 Compliance with reporting requirements ............................................................ 33 Appendix 2 ......................................................................................................... 35 Public hearings, submissions and answers to questions taken on notice .......... 35 Public Hearings .................................................................................................... 35 Submissions .......................................................................................................... 35 Answers to questions taken on notice .................................................................. 35 v vi Recommendations Recommendation 1 2.56 The committee recommends that the Australian Government amend the Australian Crime Commission Act 2002 to include a statutory definition of contempt, the statutory power of referral, plus ancillary provisions and/or expedite the judicial process for Australian Crime Commission contempt matters. Recommendation 2 2.112 The committee recommends that the Australian Government expedite the process to include the Commissioner of Taxation as a full member of the Australian Crime Commission Board. Recommendation 3 2.133 The committee recommends that the Australian Crime Commission and the Australian Commission for Law Enforcement Integrity develop a practice to ensure publication of corruption or possible corruption matters in an appendix of Australian Crime Commission annual reports is done in a manner which will neither compromise current investigations nor the reputations of individuals facing allegations. Recommendation 4 2.145 The committee recommends that the Australian Government review existing arrangements for the suspension and dismissal of Commonwealth law enforcement agency employees believed on reasonable grounds to have engaged in serious misconduct or corruption, and that the Government take action as appropriate, bearing in mind the need to respect the rights of employees. vii viii Acronyms and abbreviations list ACC Australian Crime Commission ACC Act Australian Crime Commission Act 2002 ACC Board Australian Crime Commission Board ACID Australian Criminal Intelligence Database ACLEI Australian Commission for Law Enforcement Integrity AFP Australian Federal Police ALEIN Australian Law Enforcement Intelligence Network APS Australian Public Service CEO Chief Executive Officer FMA Act Financial Management Accountability Act 1997 NCA (former) National Crime Authority NCIPs National Criminal Intelligence Priorities NIITF National Indigenous Violence and Child Abuse Intelligence Task Force NSWPol New South Wales Police OMCG Outlaw Motorcycle Gang PJC-ACLEI Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity QPS Queensland Police Service SAPol South Australia Police SIEF Standard Information Exchange Format TASPol Tasmania Police ix tax commissioner Commissioner of Taxation Trowell Report Mr Mark Trowell QC, Independent Review of the Provisions o f the Australian Crime Commission Act 2002: Report to the Inter- Governmental Committee, March 2007 the Minister Minister for Justice and Customs the Act Australian Crime Commission Act 2002 the Board Australian Crime Commission Board the committee Parliamentary Joint Committee on the Australian Crime Commission the Ombudsman Commonwealth Ombudsman the Report Australian Crime Commission Annual Report 2007-08 VicPol Victoria Police WAPS Western Australia Police Service x Chapter 1 Introduction The committee's duty to examine reports 1.1 The Parliamentary Joint Committee on the Australian Crime Commission (the committee) has a statutory duty under paragraph 55(1)(c) of the Australian Crime Commission Act 2002 (the Act) to examine each annual report of the Australian Crime Commission (ACC), and report to the Parliament on any matter appearing in, or arising out of, any such annual report. 1.2 This is part of the committee's wider duties under paragraphs 55(1)(a) and (b) of the Act to monitor, review and report on the ACC's performance of its statutory functions. Report under consideration 1.3 The ACC's Annual Report 2007-08 (the Report) was presented out of sitting on 9 January 2009, and was tabled in both the Senate and House of Representatives on 3 February 2009. Inquiry into the Report 1.4 In examining the Report, the committee held a public hearing at Parliament House, Canberra on 24 March 2009. The witnesses who appeared before the committee, the submissions received and answers to questions on notice are listed in Appendix 2. Acknowledgments 1.5 The committee acknowledges the cooperation of the ACC Chief Executive Officer, Mr John Lawler APM, the former CEO, Mr Alistair Milroy, as well as other officers of the ACC. The ACC regularly provides the committee with written reports and briefings on its operation, and is always willing to assist the committee with its various inquiries. The committee is pleased that the ACC continues to be frank and forthcoming with the information it provides to the committee. 1.6 The committee thanks Mr Bob Bottom, whose expertise and experience with organised crime matters has greatly assisted the committee during this inquiry. 1.7 The committee wishes to record its appreciation and gratitude to Mr Alistair Milroy who retired from his position as Chief Executive Officer of the ACC in February 2009. Mr Milroy oversaw the establishment of the ACC in 2002 and the development of the organisation's strong foundations. 2 1.8 The committee also wishes to acknowledge the achievements of the Chair of the ACC Board, Australian Federal Police (AFP) Commissioner Mick Keelty. The committee notes that Commissioner Keelty will retire from his position as Commissioner of the AFP in September this year, and that consequently this will be Commissioner Keelty's last year as chair of the ACC Board. The committee acknowledges the valuable leadership Commissioner Keelty has provided to the ACC as chair of its Board. Adoption of this Report 1.9 The committee adopted this report at a private meeting on 25 May 2009. Chapter 2 Australian Crime Commission Annual Report 2007-08 2.1 The Australian Crime Commission (ACC) is Australia's national criminal intelligence and investigation agency.