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Appendix 4 Statistical reporting

The Law Enforcement Integrity Commissioner Regulations 2017 set out the particulars that are required to be included in the Annual Report. This year, the Law Enforcement Integrity Commissioner Regulations 2006 were replaced by the Law Enforcement Integrity Commissioner Regulations 2017.

Notes to the statistics
  • The data provided here represents 'corruption issues'–instances of information or allegations about possible corrupt conduct that are notified to the Integrity Commissioner for assessment under the LEIC Act framework by agency heads, or that are referred by other people. The LEIC Act recognises that not all 'corruption issues' will have substance or require investigation.
  • ACLEI also receives information from time to time that, following evaluation, is not treated as a corruption issue—for instance, where the information relates to an agency outside of jurisdiction, or where the allegation made is unlikely to be plausible.
  • In compiling the statistics for this report, where possible, ACLEI consulted with LEIC Act agencies to cross-check ACLEI's records prior to publication. Variations in reported figures may arise due to the timing of notifications, communications or decisions regarding investigative activities (for instance, to update a record when a decision is made to re-open a case that had previously been closed).
  • The definition of ACIC in the following tables includes members of the Australian Crime Commission and the former National Crime Authority and CrimTrac Agency. Similarly, the definition of the DIBP includes staff members of the former Australian Customs and Border Protection Service.
  • Numbers appearing in (brackets) are for the previous reporting period, 1 July 2015 to 30 June 2016.
  • The Regulation 15 table does not contain last financial year's statistics in brackets, as this is a new reporting requirement.

Notifications from agency heads (Regulation 11)

Corruption issues notified in 2016–17 under section 19—by corruption class, as assessed upon receipt

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Abuse of office [s 6(1)(a)]

1 (1)

37 (36)

3 (1)

2 (1)

81 (107)

124 (146)

Pervert the course of justice [s 6(1)(b)]

0 (0)

3 (6)

0 (0)

0 (0)

0 (0)

3 (6)

Corruption of any other kind [s 6(1)(c)]

0 (2)

3 (10)

2 (0)

0 (0)

3 (21)

8 (33)

Total

1 (3)

43 (52)

5 (1)

2 (1)

84 (128)

135 (185)

How these notifications were dealt with

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Investigations

ACLEI investigation [s 26(1)(a)]

0 (1)

2 (13)

1 (0)

0 (1)

24 (4)

27 (19)

Joint investigation [s 26(2)]

0 (1)

24 (1)

2 (1)

0 (0)

12 (9)

38 (12)

Managed investigation [s 26(1)(b)(i) or 26(1)(d)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

AFP investigation managed by ACLEI [s 26(1)(c)(i)]

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

Overseen investigation [s 26(1)(b)(ii) or 26(1)(e)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

AFP investigation overseen by ACLEI [s 26(1)(c)(ii)]

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

Unsupervised agency investigation [s 26(1)(b)(iii)]

0 (0)

7 (9)

0 (0)

1 (0)

27 (34)

35 (43)

Unsupervised AFP investigation [s 26(1)(c)(iii)]

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

Not 'significant'—agency investigates [s 22(1)]

0 (0)

5 (5)

0 (0)

0 (0)

0 (0)

5 (5)

Direction to agency to investigate [s 22(2A)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

0 (2)

38 (28)

3 (1)

1 (1)

63 (47)

105 (79)

Reasons for taking no further action

Arranged for State integrity agency to investigate [s 29(6)(b)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Satisfied that another agency should investigate [s 31(4)(a)]

0 (0)

0 (0)

1 (0)

0 (0)

0 (0)

1 (0)

Frivolous or vexatious [s 31(4)(b)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Subject of proceedings before a court [s 31(4)(d)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Investigation not warranted [s 31(4)(e)]

0 (0)

1 (1)

0 (0)

1 (0)

16 (63)

18 (64)

Did not raise a corruption issue under the LEIC Act

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

0 (0)

1 (1)

1 (0)

1 (0)

16 (63)

19 (64)

Under assessment at close of reporting period

Under assessment

1 (1)

4 (23)

1 (0)

0 (0)

5 (18)

11 (42)

Total

1 (3)

43 (52)

5 (1)

2 (1)

84 (128)

135 (185)

Referrals from other sources (Regulation 12)

Corruption issues referred in 2016–17 under section 18 or 23—by corruption class, as assessed upon receipt

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Abuse of office [s 6(1)(a)]

1 (1)

0 (10)

5 (6)

0 (0)

12 (22)

18 (39)

Pervert the course of justice [s 6(1)(b)]

0 (0)

0 (1)

0 (0)

0 (0)

0 (0)

0 (1)

Corruption of any other kind [s 6(1)(c)]

0 (1)

1 (4)

0 (1)

0 (0)

0 (2)

1 (8)

Total

1 (2)

1 (15)

5 (7)

0 (0)

12 (24)

19 (48)

How these referrals were dealt with

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Investigations

ACLEI investigation [s 26(1)(a)]

1 (1)

0 (3)

1 (4)

0 (0)

4 (9)

6 (17)

Joint investigation [s 26(2)]

0 (1)

0 (2)

1 (0)

0 (0)

7 (5)

8 (8)

Managed investigation [s 26(1)(b)(i) or 26(1)(d)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Overseen investigation [s 26(1)(b)(ii) or 26(1)(e)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

AFP investigation managed or overseen by ACLEI [s 26(1)(c)(i) or 26(1)(c)(ii)]

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

Unsupervised agency investigation [s 26(1)(b)(iii)]

0 (0)

0 (3)

1 (0)

0 (0)

1 (3)

2 (6)

Unsupervised AFP investigation [s 26(1)(c)(iii)]

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

1 (2)

0 (8)

3 (4)

0 (0)

12 (17)

16 (31)

Reasons for taking no further action

Satisfied that another agency should investigate [s 31(4)(a)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Frivolous or vexatious [s 31(4)(b)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Subject of proceedings before a court [s 31(4)(d)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Investigation not warranted [s 31(4)(e)]

0 (0)

0 (2)

0 (2)

0 (0)

0 (2)

0 (6)

Did not raise a corruption issue under the LEIC Act

0 (0)

0 (0)

0 (1)

0 (0)

0 (0)

0 (1)

Sub Total

0 (0)

0 (2)

0 (3)

0 (0)

0 (2)

0 (7)

Under assessment at close of reporting period

Under assessment

0 (0)

1 (5)

2 (0)

0 (0)

0 (5)

3 (10)

Total

1 (2)

1 (15)

5 (7)

0 (0)

12 (24)

19 (48)

Own-initiative investigations (Regulation 13)

Investigations commenced in 2016–17 by the Integrity Commissioner without a notification or referral

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Abuse of office [s 6(1)(a)]

0 (1)

0 (3)

2 (0)

0 (0)

2 (1)

4 (5)

Pervert the course of justice [s 6(1)(b)]

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Corruption of any other kind [s 6(1)(c)]

0 (0)

0 (1)

0 (0)

0 (0)

0 (0)

0 (1)

Total

0 (1)

0 (4)

2 (0)

0 (0)

2 (1)

4 (6)

ACLEI investigations (Regulation 14)

Corruption issues investigated in 2016–17 under section 26(1)(a)—including joint investigations and investigations carried forward from previous years—by corruption class

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Abuse of office [s 6(1)(a)]

13 (13)

80 (46)

17 (10)

2 (2)

106 (54)

218 (125)

Pervert the course of justice [s 6(1)(b)]

0 (0)

3 (2)

0 (0)

0 (0)

0 (0)

3 (2)

Corruption of any other kind [s 6(1)(c)]

2 (3)

10 (6)

0 (0)

0 (0)

9 (6)

21 (15)

Total corruption issues active in 2016–17

15 (16)

93 (54)

17 (10)

2 (2)

115 (60)

242 (142)

Investigations concluded in 2016–17

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Reports to the Minister

0 (2)

2 (0)

2 (0)

0 (0)

0 (0)

4 (2)

Discontinued after reconsideration [s 42]

1 (0)

1 (0)

1 (0)

2 (0)

5 (4)

10 (4)

Total

1 (2)

3 (0)

3 (0)

2 (0)

5 (4)

14 (6)

External Referrals (Regulation 15)

Corruption issues referred by the Integrity Commissioner to government agency for investigation in 2016–17 under section 26(1)(b) or section 26(1)(c)

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Abuse of office [s 6(1)(a)]

0

9

1

1

38

49

Investigation managed by ACLEI [s26(1)(b)(i)]

0

0

0

0

0

0

Investigation oversighted by ACLEI [s26(1)(b)(ii)]

0

0

0

0

0

0

Investigation neither managed nor oversighted by ACLEI [s26(1)(b)(iii)]

0

9

1

1

38

49

Referred to AFP for investigation [s26(1)(c)]

0

N/A

0

0

0

0

Pervert the course of justice [s 6(1)(b)]

0

2

0

0

0

2

Investigation managed by ACLEI [s26(1)(b)(i)]

0

0

0

0

0

0

Investigation oversighted by ACLEI [s26(1)(b)(ii)]

0

0

0

0

0

0

Investigation neither managed nor oversighted by ACLEI [s26(1)(b)(iii)]

0

2

0

0

0

2

Referred to AFP for investigation [s26(1)(c)]

0

N/A

0

0

0

0

Corruption of any other kind [s 6(1)(c)]

0

2

0

0

1

3

Investigation managed by ACLEI [s26(1)(b)(i)]

0

0

0

0

0

0

Investigation oversighted by ACLEI [s26(1)(b)(ii)]

0

0

0

0

0

0

Investigation neither managed nor oversighted by ACLEI [s26(1)(b)(iii)]

0

2

0

0

1

3

Referred to AFP for investigation [s26(1)(c)]

0

N/A

0

0

0

0

Total corruption issues referred for investigation in 2016–17

0

13

1

1

39

54

Number of corruption issues where investigations by a government agency were completed in 2016–17

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

Section 66 reports accepted

1

25

0

0

24

50

Discontinued* after reconsideration [s42]

0

1

0

1

6

8

Total

1

26

0

1

30

58

* Includes investigations which were reconsidered and became ACLEI investigations.

Corruption issues carried forward

Assessments carried forward to 2017–18, by year of notification or referral

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

2013–14

0

0

0

0

0

0

2014–15

0

0

0

0

0

0

2015–16

0

0

0

0

0

0

2016–17

1

5

3

0

4

13

Total under assessment at 30 June 2017

1

5

3

0

4

13

ACLEI investigations carried forward to 2017–18, by year of notification or referral

ACLEI or joint investigation [s 26(1)(a) and s 26(2)]

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

2009–10

3

0

N/A

N/A

N/A

3

2010–11

0

2

N/A

N/A

0

2

2011–12

2

4

N/A

N/A

1

7

2012–13

0

4

N/A

N/A

4

8

2013–14

0

11

2

0

5

18

2014–15

3

9

2

0

17

31

2015–16

5

34

4

0

33

76

2016–17

1

26

6

0

50

83

Total under investigation by ACLEI at 30 June 2017

14

90

14

0

110

228

LEIC Act agency investigations carried forward to 2017–18, by year of notification or referral

Agency investigations[s 22 and s 26(1)(b, c, d, e)]

ACIC

AFP

DAWR

AUSTRAC

DIBP

Total

2011–12

0

3

N/A

N/A

1

4

2012–13

0

2

N/A

N/A

2

4

2013–14

0

0

0

1

5

6

2014–15

0

3

0

1

4

8

2015–16

0

15

0

0

37

52

2016–17

0

10

1

0

25

36

Total under investigation by other agencies at 30 June 2017

0

33

1

2

74

110

Aclei corruption issues investigated (regulation 16)

The Law Enforcement Integrity Commissioner Regulations 2017 (at Regulation 16) require particulars of corruption issues relating to ACLEI staff to be published in the Integrity Commissioner's Annual Report. No ACLEI corruption issues were concluded during 2016–17.

Section 149 certificates (regulation 17)

The Law Enforcement Integrity Commissioner Regulations 2017 (at Regulation 17) require particulars of certificates issued under section 149 of the LEIC Act. No such certificates were issued in 2016–17.