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Appendix 2 Reports to the Minister

During 2016–17, the Integrity Commissioner provided two reports of concluded investigations to the Minister.

Report 03/2016: Operation Hudson—An investigation into the relationship between a known criminal and an unidentified law enforcement officer

This report details ACLEI's investigation into allegations that a known criminal—with connections to other high value criminal targets of interest to law enforcement—was receiving information from a law enforcement officer. Prior to investigation, the identity of the law enforcement officer was unknown.

Unauthorised disclosure has the potential to damage law enforcement investigations and inter-agency information sharing arrangements, and may compromise the administration of justice. While the investigation ultimately determined that the law enforcement officer in question was outside the jurisdiction of ACLEI, it nevertheless highlighted the desirability of information held by law enforcement agencies and the need to maintain stringent safeguards against inappropriate access, manipulation, or disclosure.

As investigations by other law enforcement agencies may be ongoing, and due to the continuing intelligence value of some aspects of ACLEI's investigation, this report has not been made public.

The Operation Hudson summary report is available on ACLEI's website www.aclei.gov.au/reports/investigation-reports

Report 01/2017: Operation Marlowe—A joint investigation into the conduct of an Australian Federal Police Protective Service Officer concerning information security

This report details ACLEI's investigation into the unauthorised access of information from the AFP's database system, PROMIS. The data held in PROMIS, like any information held by law enforcement agencies, is sensitive. Data held in PROMIS may only be used for the lawful purposes of the agency, rather than for the private benefit or interest of any individual, including a staff member.

The AFP's Professional Standards area (PRS) notified ACLEI of information suggesting that a member of the public had shown another person an image on a mobile telephone that was a screenshot of a confidential report from PROMIS.

The investigation—which was conducted jointly with the AFP—established that an AFP officer had, without authority, accessed information on PROMIS and used a mobile telephone to take photographs of the computer screen. These images were then sent to a person whom the officer knew to be involved with criminal activity.

The AFP officer admitted to being a regular user of illicit drugs, timing his drug use to coincide with rostered days off in order to avoid detection through the AFP mandatory drug-testing regime. He also admitted to regularly associating with people involved in criminal activity.

Having regard to the evidence gathered during the investigation, including the officer's own admissions before the court, the Integrity Commissioner found that the officer engaged in corrupt conduct.

As a result of this investigation, the AFP is considering processes that would enable PRS to access information about substance abuse issues to inform AFP management of personal factors affecting staff members. The AFP also significantly reformed its drug-testing regime.

Investigations of this nature will continue to inform drug-testing policy in Commonwealth agencies.

The Operation Marlowe report is available on ACLEI's website www.aclei.gov.au/reports/investigation-reports

Previous recommendations

In 2016–17, there were no recommendations from previous years that have not already been implemented.