This chapter describes ACLEI's purpose, functions, priorities and structure.
ACLEI's strategic purpose—through performance of functions prescribed by the Law Enforcement Integrity Commissioner Act 2006 (the LEIC Act)—is to make it more difficult for corruption in law enforcement agencies to occur or to remain undetected.
The agencies subject to the Integrity Commissioner's jurisdiction are:
- the Australian Criminal Intelligence Commission (including the Australian Crime Commission, and the former CrimTrac Agency and National Crime Authority)*
- the Australian Federal Police (including Australian Capital Territory Policing)
- the Australian Transaction Reports and Analysis Centre (AUSTRAC)
- prescribed aspects of the Department of Agriculture and Water Resources, and
- the Department of Immigration and Border Protection (including the Australian Border Force).
* The Australian Criminal Intelligence Commission commenced on 1 July 2016. The Australian Crime Commission, CrimTrac Agency and former National Crime Authority were already part of the Integrity Commissioner's jurisdiction.
Other agencies with law enforcement functions may be added by regulation.
The Integrity Commissioner's primary role is to investigate law enforcement related corruption issues, giving priority to serious and systemic corruption. The Integrity Commissioner can investigate any information or allegation which indicates that corrupt conduct has occurred, is occurring, or may be likely to occur. The heads of the agencies under ACLEI's jurisdiction must notify the Integrity Commissioner of corruption issues in their agencies as soon as practicable after they become aware of them. Information about corruption may also come from members of the public, the Minister, members of law enforcement and government agencies, and from ACLEI's own-initiative investigations.
The LEIC Act establishes a framework within which the Integrity Commissioner and the relevant agency heads can detect and investigate corruption issues and prevent corrupt conduct jointly and cooperatively.
This arrangement recognises both the continuing responsibility that the law enforcement agency heads have for the integrity of their staff members and the role that the Integrity Commissioner—as independent decision-maker—plays in the law enforcement integrity framework. Accordingly, the Integrity Commissioner works to ensure that indications and risks of corrupt conduct in law enforcement agencies are identified and addressed, to strengthen those agencies against compromise.
ACLEI's operational strategy is to prioritise its detection, disruption and deterrence efforts against high-impact risk themes—those areas of administration, regulatory or law enforcement activity that would be significantly undermined if corruption were to become established. This approach aligns with the LEIC Act which directs that the Integrity Commissioner must give priority to countering serious corruption and systemic corruption.
ACLEI delivers its priorities through three program and three enabler outputs, as shown.
Further information can be found on page 2 of the ACLEI Corporate Plan 2017–18 (see www.aclei.gov.au/corporate-information).
Outputs–delivering ACLEI's priorities
This diagram shows ACLEI's outputs There are two categories of outputs: 1) Program outputs and activities and 2) Enabler outputs and activities. There are three Program outputs and activities, as follows: Program Output One—Detect, has two activities: 1) Instances of possible corrupt conduct are identified, and 2) Vulnerabilities and corruption risks are identified. Program Output Two—Disrupt, has two activities: 1) Instances of possible corrupt conduct are addressed, and 2) Information disseminations assist agencies to mitigate corruption risk and vulnerabilities Program Output Three—Deter, has one activity: Insights about corruption risk contribute to strengthening anti-corruption frameworks. There are three Enabler outputs and activities, as follows: Enabler Output One—Capable and Strategic, has two activities: 1) Operational resources are matched to the task and targeted for maximum public value, and 2) Cooperative arrangements with agencies make effective use of resources and specialist skills. Enabler Output Two—Well-governed and Efficient, has three activities: 1) Governance and risk management arrangements take account of ACLEI's operational role, 2) Staff maintain high professional standards, and 3) Financial and management controls ensure the proper use of resources. Enabler Output Three—Lawful and Fair, has three activities: 1) Legislative obligations for use of powers are met, 2) Powers are used ethically and proportionally, and 3) Sensitive and personal information is managed securely and respectfully.
As at 30 June 2017, ACLEI had funding for a maximum average staffing level of 52 people. The Integrity Commissioner is supported by two Executive Directors. The Executive Director Operations manages operational activity, corruption prevention and relationships. The Executive Director Secretariat manages governance, corporate capability and policy advice to the Integrity Commissioner. The Integrity Commissioner is advised on legal matters by General Counsel.
ACLEI's organisational structure at 30 June 2017