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Appendix 7 Corrections to the Annual Report of the Integrity Commissioner 2015–16

On 24 April 2017, ACLEI notified the PJC-ACLEI that a number of statistical errors were inadvertently contained in the 2015–16 Annual Report. Affected LEIC Act agencies were also notified.

On 23 June 2017, ACLEI provided details of the errors and a set of corrections to the
PJC-ACLEI. These corrections were also published on the ACLEI website
(see www.aclei.gov.au/about/corporate-information/annual-reports).

To further assure the accuracy of ACLEI's future published information, internal procedures were strengthened through consultation with LEIC Act agencies to cross-check ACLEI's records prior to publication. This process was undertaken during the production of the statistics contained in this Annual Report.

Corrections to statistics

Table of corrections

Description

2015–16 Annual Report page #

How corruption issues were dealt with

12

Notifications from LEIC Act agencies

25

Referrals from other sources

25

Assessment statistics

26

Appendix 4—Statistical Reporting

84–90

Corrections appear in red text or are circled.

Summary of corrections:

Department of Immigration and Border Protection (DIBP):

  • 23 too many matters were attributed to DIBP, as follows:
    • 25 instances had been attributed to DIBP that belonged to other agencies
    • (minus) 2 DIBP referrals had been missed (not included in the reporting year, but should have been)
  • In addition:
    • 3 DIBP matters had been recorded as DIBP notifications, when they were in fact DIBP referrals

Australian Federal Police (AFP):

  • 26 too few matters were attributed to AFP, as follows:
    • 20 notifications (18 wrongly attributed to DIBP, and 2 not included in the reporting year, but should have been)
    • (plus) 5 referrals (wrongly attributed as DIBP notifications)
    • (plus) 1 AFP referral that was incorrectly recorded as a DIBP referral

CrimTrac Agency:

  • 1 matter too few was attributed to CrimTrac, as follows:
    • 1 notification was wrongly attributed to DIBP

(At page12)

Corrections are circled.

How corruption issues were dealt with in 2015–16

This flowchart shows the corrections which needed to be made to the same flowchart contained in the 2015–16

This flowchart shows the corrections which needed to be made to the same flowchart contained in the 2015–16 Annual Report of the Integrity Commissioner. The flowchart is divided into three streams, being 1) Assessments, 2) ACLEI investigations and 3) Other agency investigations. 1) The Assessments stream progresses as follows: 15 assessments brought forward from 2014–15, plus the correction of 185 new notifications, plus the correction of 48 new notifications equals 248 assessments for the year. The flowchart then subtracts 58 assessments which resulted in decisions for other agencies to investigate, 63 assessments which resulted in decisions for ACLEI to investigate, and 72 assessments which were concluded with no further action, to leave a total of the corrected figure of 55 assessments underway at the end of the reporting period. 2) The ACLEI investigations stream progresses as follows: 68 investigations were brought forward from 2014–15. Seventy-six new investigations (including 29 joint investigations) were commenced, being six own-initiative investigations, plus seven corruption issues reopened for investigation, plus 63 investigation opened after an assessment. By adding the 68 investigations brought forward and the 76 new investigations, the flowchart shows that 144 ACLEI investigations were active during the year (including 77 joint investigations). The flowchart then subtracts two corruption issues which were concluded via reports to the Minister and four corruption issues which were discontinued during the year, to leave a total of 138 ACLEI investigations (including 74 joint investigations) which were active at the end of the reporting period. 3) The other agency investigations stream progresses as follows: 73 other agency investigations were brought forward from 2014–15. The 58 assessments which resulted in other agency investigations were distributed as follows: six issues where an agency continued a non-significant investigation under subsection 22(1) of the LEIC Act, 52 issues which were referred to the relevant agency for internal investigation under paragraph 26(1)(b) of the LEIC Act, and zero issues which were referred to the AFP for external investigation under paragraph 26(1)(c) of the LEIC Act). By adding the 73 brought forward and the 58 new other agency investigations, the flowchart shows that 131 other agency investigations active during the year. The flowchart then subtracts 14 concluded issues, where reports were reviewed by ACLEI and zero discontinued issues, to leave a total of 117 other agency investigations which were active at the end of the reporting period. 4) Adding the corrected figure of 55 assessments under way, 138 ACLEI investigations and 117 other agency investigations, ACLEI will carry forward the corrected figure of 310 corruption issues to 2016–17.

(At page 25)

A higher than expected volume of notifications arose mainly from the newly-extended DIBP jurisdiction (128 out of 18569 per cent of all notifications). Notifications from other agencies remained relatively stable—except for the AFP, for which notifications rose from 32 to 52 this reporting year (see Appendix Four).

Notifications from
LEIC Act agencies

2011–12

2012–13

2013–14

2014–15

2015–16

73

56

69

71

185

Referrals from other sources

2011–12

2012–13

2013–14

2014–15

2015–16

Government agencies only

18

12

15

24

39

Total referrals (all sources)

38

21

23

30

48

(At page 26)

ACLEI's assessment workload in 2015–16 was 248 assessments (including assessments brought forward from 2014–15). ACLEI completed 190 of these assessments during the reporting period, giving priority to credible information.

Assessment statistics

2011–12

2012–13

2013–14

2014–15

2015–16

Total assessments completed

97

77

75

120

190

% that met the 90-day benchmark
(against a target of 75%)

63%

75%

64%

83%

63%

(At page 84)

Appendix 4 Statistical Reporting

The Law Enforcement Integrity Commissioner Regulations 2006 set out the particulars that are required to be included in the Annual Report. The relevant statistics are presented in the following pages, along with other data that illustrates some of the year's work in numbers.

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.
  • Some minor variations in statistics occur between Annual Reports—for instance, to update a record when a decision is made to reopen a case that had previously been closed, or to correct errors in previous reports.
  • The definition of the ACC in the following tables includes members of the former NCA. 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 2014 to 30 June 2015.

(At page 85)

Notifications from agency heads (Regulation 17)

Corruption issues notified in 2015–16 under section 19—by corruption class, as assessed upon receipt

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

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

1 (3)

36 (23)

1 (0)

1 (2)

0 (1)

107 (31)

146 (60)

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

0 (0)

6 (4)

0 (0)

0 (0)

0 (0)

0 (1)

6 (5)

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

1 (0)

10 (5)

0 (0)

0 (0)

1 (0)

21 (1)

33 (6)

Total

2 (3)

52 (32)

1 (0)

1 (2)

1 (1)

128 (33)

185 (71)

How these notifications were dealt with

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

Investigations

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

1 (0)

13 (3)

0 (0)

1 (0)

0 (0)

4 (2)

19 (5)

Joint investigation [s 26(2)]

1 (1)

1 (1)

1 (0)

0 (1)

0 (0)

9 (10)

12 (13)

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

0 (0)

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)

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)

0 (0)

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

0 (0)

N/A

0 (0)

0 (0)

0 (1)

0 (0)

0 (1)

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

0 (1)

9 (14)

0 (0)

0 (1)

0 (0)

34 (11)

43 (27)

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

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

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

0 (0)

5 (0)

0 (0)

0 (0)

0 (0)

0 (4)

5 (4)

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

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

2 (2)

28 (18)

1 (0)

1 (2)

0 (1)

47 (27)

79 (50)

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)

0 (0)

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

0 (0)

0 (1)

0 (0)

0 (0)

0 (0)

0 (0)

0 (1)

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

0 (0)

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)

0 (0)

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

0 (0)

1 (4)

0 (0)

0 (0)

0 (0)

63 (7)

64 (11)

Did not raise a corruption issue under the LEIC Act

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

0 (0)

1 (5)

0 (0)

0 (0)

0 (0)

63 (7)

64 (12)

Under assessment at close of reporting period

Under assessment

0 (1)

23 (5)

0 (0)

0 (0)

1 (0)

18 (3)

42 (9)

Total

2 (3)

52 (28)

1 (0)

1 (2)

1 (1)

128 (41)

185 (75)

Referrals from other sources (Regulation 18)

Corruption issues referred in 2015–16 under section 18 or 23—by corruption class,
as assessed upon receipt

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

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

1 (3)

10 (7)

6 (1)

0 (0)

0 (0)

22 (17)

39 (28)

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

0 (0)

1 (1)

0 (0)

0 (0)

0 (0)

0 (0)

1 (1)

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

1 (0)

4 (0)

1 (0)

0 (0)

0 (0)

2 (1)

8 (1)

Total

2 (3)

15 (8)

7 (1)

0 (0)

0 (0)

24 (18)

48 (30)

(At page 87)

How these referrals were dealt with

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

Investigations

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

1 (1)

3 (2)

4 (0)

0 (0)

0 (0)

9 (1)

17 (4)

Joint investigation [s 26(2)]

1 (2)

2 (0)

0 (1)

0 (0)

0 (0)

5 (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)

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)

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)

0 (0)

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

0 (0)

3 (1)

0 (0)

0 (0)

0 (0)

3 (5)

6 (6)

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

0 (0)

N/A

0 (0)

0 (0)

0 (0)

0 (0)

0 (0)

Sub Total

2 (3)

8 (3)

4 (1)

0 (0)

0 (0)

17 (11)

31 (18)

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)

0 (0)

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

0 (0)

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)

0 (0)

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

0 (0)

2 (3)

2 (0)

0 (0)

0 (0)

2 (5)

6 (8)

Did not raise a corruption issue under the LEIC Act

0 (0)

0 (1)

1 (0)

0 (0)

0 (0)

0 (0)

1 (1)

Sub Total

0 (0)

2 (4)

3 (0)

0 (0)

0 (0)

2 (5)

7 (9)

Under assessment at close of reporting period

Under assessment

0 (0)

5 (1)

0 (0)

0 (0)

0 (0)

5 (2)

10 (3)

Total

2 (3)

15 (8)

7 (1)

0 (0)

0 (0)

24 (18)

48 (30)

(At page 88)

Own initiative investigations (Regulation 19)

Investigations commenced in 2015–16 by the Integrity Commissioner without a notification or referral

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

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

1 (0)

3 (0)

0 (0)

0 (0)

0 (0)

1 (0)

5 (1)

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

0 (0)

1 (0)

0 (0)

0 (0)

0 (0)

0 (0)

1 (0)

Total

1 (1)

4 (0)

0 (0)

0 (0)

0 (0)

1 (0)

6 (1)

ACLEI investigations (Regulation 20)

Corruption issues investigated in 2015–16 under section 26(1)(a)—including joint investigations and investigations carried forward from previous years—by corruption class

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

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

12

46

11

2

1

54

126

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

0

2

0

0

0

1

3

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

3

6

0

0

0

6

15

Total corruption issues
active in 2015–16

15

54

11

2

1

61

144

Investigations concluded in 2015–16

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

Reports to the Minister

2 (1)

0 (1)

0 (0)

0 (0)

0 (0)

0 (2)

2 (4)

Discontinued after reconsideration [s 42]

0 (1)

0 (0)

0 (0)

0 (0)

0 (0)

4 (2)

4 (3)

Total

2 (2)

0 (1)

0 (0)

0 (0)

0 (0)

4 (4)

6 (7)

(At page 89)

Corruption issues carried forward

Total corruption issues carried forward to 2016–17 (new table)

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

Total

14

133

11

4

2

146

310

Assessments carried forward to 2016–17, by year of notification or referral

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

2013–14

0

2

0

0

0

1

3

2015–16

0

28

0

0

1

23

52

Total under assessment
at 30 June 2016

0

30

0

0

1

24

55

ACLEI investigations carried forward to 2016–17, by year of notification or referral

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

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

2009–10

3

0

N/A

N/A

N/A

N/A

3

2010–11

0

2

N/A

N/A

N/A

0

2

2011–12

3

4

N/A

N/A

N/A

1

8

2012–13

0

4

N/A

N/A

N/A

4

8

2013–14

0

11

4

0

0

6

21

2014–15

2

10

2

1

1

18

34

2015–16

5

23

5

1

0

28

62

Total under investigation by ACLEI at 30 June 2016

13

54

11

2

1

57

138**

*At 30 June 2016, 74 corruption issues were under joint investigation by ACLEI and other agencies.

** Includes seven re-opened cases.

(At page 90)

LEIC Act agency investigations carried forward to 2016–17, by year of notification or referral

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

ACC

AFP

Ag

AUSTRAC

CrimTrac

DIBP

Total

2011–12

0

4

N/A

N/A

N/A

2

6

2012–13

0

6

N/A

N/A

N/A

5

11

2013–14

0

6

0

1

0

6

13

2014–15

1

16

0

1

0

15

33

2015–16

0

17

0

0

0

37

54

Total under investigation
by other agencies at
30 June 2016

1

49

0

2

0

65

117