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ACLEI Corporate Plan 2021–2025 www.aclei.gov.au
Acknowledgement of Country In the spirit of reconciliation the Australian Commission for Law Enforcement Integrity acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
Contents
Integrity Commissioner’s foreword4
Our purpose and objective 6
Our jurisdiction 7
Our expansion 9
Our key activities 10
Assessments12
ACLEI investigations 12
Supporting partner agency investigations 12
Prevention12
Our environment13
Serious and organised crime 14
The ongoing response to COVID-19 14
Workforce14
Changes in the Australian Government integrity framework 15
Our relationships16
Partner agencies 17
The Australian Government integrity framework 18
State and territory law enforcement and integrity agencies 19
International counterparts and anti‑corruption forums 19
The public 19
Our key enablers 20
Our people 21
Our technology 21
Our risk oversight and management 22
Enterprise and operational risks 23
Operational activity risks 25
Our performance26
Corporate Plan 2021–2025 3Integrity
Commissioner’s
foreword
As the accountable authority for the Australian The law enforcement agencies that are
Commission for Law Enforcement Integrity within our jurisdiction are:
(ACLEI), I am pleased to present ACLEI’s
Corporate Plan 2021–25, covering the four • Australian Criminal
financial years from 2021–22 to 2024–25, as Intelligence Commission (ACIC)
required under paragraph 35(1)(b) of the Public • Australian Federal Police (AFP)
Governance, Performance and Accountability including ACT Policing
Act 2013 (PGPA Act).
• Australian Transaction Reports
Established under the Law Enforcement and Analysis Centre (AUSTRAC)
Integrity Commissioner Act 2006 (LEIC Act), • Department of Home Affairs
ACLEI performs an important oversight (including the Australian Border Force)
role in relation to the integrity of Australian
Government law enforcement agencies. We • prescribed parts of the Department
undertake this role through four key activities: of Agriculture, Water and
the Environment (DAWE)
• We receive and assess notifications and • Australian Competition and Consumer
referrals of alleged corrupt conduct by Commission (ACCC) (in relation to
members of law enforcement agencies. conduct by staff members that relates
• We conduct investigations into serious to the performance of a law enforcement
and systemic corrupt conduct. function of ACCC)
• We support our partner law • Australian Prudential Regulation Authority
enforcement agencies to conduct (APRA) (in relation to conduct by staff
their own investigations. members that relates to the performance
of a law enforcement function of APRA)
• We prevent corruption through
engagement, support and identification • Australian Securities and Investments
of vulnerabilities. Commission (ASIC) (in relation to
conduct by staff members that relates
to the performance of a law enforcement
function of ASIC), and
• Australian Taxation Office (ATO)
(in relation to conduct by staff members
that relates to the performance of a law
enforcement function of ATO).
4 Australian Commission for Law Enforcement IntegrityWhile we perform an oversight role in I continue to be impressed by the dedication
relation to the nine law enforcement and expertise of ACLEI staff, as seen through
agencies within our jurisdiction, we also the achievements of the Commission over
work in partnership with them to maintain the past 15 years. I look forward to working
a strong integrity system. This partnership with the staff of the Commission to meet the
is established within the LEIC Act, which ongoing challenges we face and build on our
mandates that I concentrate on serious and achievements over the course of this Plan.
systemic corruption issues, while providing
support to law enforcement agencies in
relation to the corruption investigations
that they undertake. The LEIC Act also
provides a feedback mechanism by which
law enforcement agencies provide me with
reports of their investigations once complete.
In undertaking our oversight role, my goal is to
ensure that corruption issues are investigated
appropriately, and in a timely manner, and that Jaala Hinchcliffe
any lessons or vulnerabilities that are identified Integrity Commissioner
from an investigation are shared.
On 1 January 2021, our jurisdiction was
expanded to include four additional agencies
as the first phase of the establishment of
the Commonwealth Integrity Commission
(CIC). Over the course of this Corporate Plan,
ACLEI will complete its current expansion
activities and continue preparations for the
implementation of the CIC. This will include
embedding and improving our processes
to support a significantly larger organisation
and building new functions including strategic
intelligence and data analysis to enhance
the capability of ACLEI and the CIC, once
it is established.
Corporate Plan 2021–2025 5Our purpose
and objective
Our purpose is to make it more difficult for corruption to occur
or remain undetected in the Australian Government law enforcement
agencies which we oversee.
Our objective is to provide independent In addition, amendments to the
assurance to the Australian Government that Law Enforcement Integrity Commissioner
Commonwealth law enforcement agencies Regulations 2017 (LEIC Regulations) expanded
and their staff act with integrity by detecting, ACLEI’s jurisdiction to include conduct of staff
investigating and preventing corruption. members which relates to the performance
of a law enforcement function of the following
Under the LEIC Act, ACLEI investigates agencies from 1 January 2021:
allegations of corruption in the
following agencies: • Australian Competition and Consumer
Commission (ACCC)
• Australian Criminal Intelligence
• Australian Prudential Regulation
Commission (ACIC)
Authority (APRA)
• Australian Federal Police (AFP)
• Australian Securities and Investments
including ACT Policing
Commission (ASIC), and
• Australian Transaction Reports
• Australian Taxation Office (ATO).
and Analysis Centre (AUSTRAC)
• Department of Home Affairs (Home
Affairs) including the Australian
Border Force, and
• prescribed parts of the Department
of Agriculture, Water and the
Environment (DAWE).
6 Australian Commission for Law Enforcement IntegrityOur jurisdiction
An allegation will fall within ACLEI’s jurisdiction if it is a corruption issue. A corruption issue
is defined in section 7 of the LEIC Act as:
1. For the purposes of this Act, a corruption issue is an issue whether a person who is, or has
been, a staff member of a law enforcement agency:
a. has, or may have, engaged in corrupt conduct; or
b. is, or may be, engaging in corrupt conduct; or
c. will, or may at any time in the future engage in corrupt conduct.
2. To avoid doubt, an allegation, or information, may raise a corruption issue even if the identity
of the person is unknown, is uncertain or is not disclosed in the allegation or information.
For the AFP, Home Affairs, ACIC, AUSTRAC and DAWE, the LEIC Act provides two limbs that need
to be satisfied for an allegation to be a corruption issue.
For the ATO, ACCC, ASIC and APRA, the LEIC Act provides three limbs that need to be satisfied
for an allegation to be a corruption issue.
An allegation that relates to AFP, Home Affairs,
ACIC, AUSTRAC or DAWE
1. Is the allegation about a person who is or was a staff member of a law
enforcement agency?
- Section 10 of the LEIC Act sets out the definition of staff members for each agency.
- For DAWE staff, consideration must also be given to section 7 of the LEIC Regulations.
2. Is the allegation that the person, while a staff member, engaged, may be
engaging or will engage in corrupt conduct?
Engages in corrupt conduct is defined in section 6 of the LEIC Act. A staff member of a law
enforcement agency engages in corrupt conduct if, while a staff member of that agency,
they engage in:
- an abuse of office
- perverting the course of justice
- corruption of any other kind.
If both of these two limbs are satisfied, then the allegation is a corruption issue and within
ACLEI’s jurisdiction.
Corporate Plan 2021–2025 7An allegation that relates to ATO, ASIC, APRA or ACCC
The ATO, ASIC, APRA and ACCC have been prescribed by the regulations to be a law enforcement
agency under section 5 of the LEIC Act. In these circumstances, there is an additional limb that
needs to be satisfied before an allegation is a corruption issue and within ACLEI’s jurisdiction.
1. Is the allegation about a person who is or was a staff member of a law
enforcement agency?
- Section 10(4) of the LEIC Act sets out the definition of staff members for agencies that
are prescribed for the purposes of paragraph (d) of the definition of law enforcement
agency are the class of persons prescribed by the regulations.
- Section 7A of the LEIC Regulations sets out the definition of staff members
of each agency.
2. Is the allegation that the person, while a staff member, engaged, may be
engaging or will engage in corrupt conduct?
Engages in corrupt conduct is defined in section 6 of the LEIC Act. A staff member of a law
enforcement agency engages in corrupt conduct if, while a staff member of that agency,
they engage in:
- an abuse of office
- perverting the course of justice
- corruption of any other kind.
3. Does the alleged conduct relate to the performance of a law
enforcement function?
The definition of engages in corrupt conduct provides that if a law enforcement agency comes
into ACLEI’s jurisdiction through regulation, the conduct must relate to the performance
of a law enforcement function (see section 6(2) of the LEIC Act).
Law enforcement function is defined in section 5 of the LEIC Act and ‘relates to’:
- the investigation into whether an offence has been committed against the law
of the Commonwealth;
- the investigation into whether there has been a contravention of a law
of the Commonwealth to which a civil penalty proceeding may be brought;
- dealing with information to assist with the enforcement of Commonwealth laws.
Investigations about whether an offence has been committed against the law
of the Commonwealth relates to the commission of criminal offences. Investigations about
whether a civil penalty proceeding can be brought involves legislative civil penalty provisions.
Civil penalties are distinct from other action which may be undertaken by an agency where
they are the Decision Maker. Civil penalties, like criminal offences, are decided by a court.
If these three limbs are satisfied, then the allegation is a corruption issue and within
ACLEI’s jurisdiction.
8 Australian Commission for Law Enforcement IntegrityOur expansion
In 2021–22, ACLEI received additional funding Additional positions at the director level
to support the further expansion of its have also been created and filled in the
jurisdiction. Our expanded jurisdiction gave Operations Branches and Corporate Services
effect to Phase 11 of the government’s decision and Governance Branch to provide direct
to establish a Commonwealth Integrity leadership to sections across ACLEI.
Commission (CIC). Once established, the
CIC will have oversight of law enforcement In June 2021, ACLEI stood up a new Strategic
agencies that currently fall within ACLEI’s Intelligence and Data Analysis function. Over
jurisdiction as well as the remainder of the the course of 2021‑22, this team will be staffed
public sector and ACLEI will form the basis with intelligence analysts and data analysts,
of the law enforcement division of the CIC. enabling ACLEI to look across the totality
of its work to identify themes, trends and
In support of our expansion, and in preparation intelligence gaps to better enable us to target
for the CIC, ACLEI’s average staffing level our investigative work and provide detailed
will double in size from 54 in 2019–20 to 110 analysis to assist our Corruption Prevention
in 2021–22, and 105 ongoing. This means a function in providing advice. The Strategic
significant change to our operating model given Intelligence and Data Analysis team will
such a large increase in staff numbers. liaise closely with jurisdictional agencies
and state and territory integrity agencies
Our expansion commenced with the creation to enhance overall understanding of corruption
of a second Operations Branch and since themes and trends.
February 2021, the Integrity Commissioner has
been supported by three Executive Directors. Between July and November 2021,
ACLEI will undertake bulk recruitment
activity to fill lawyer, investigator
and intelligence analyst roles.
Jaala Lucinda
Hinchcliffe Atkinson
Executive Director,
Integrity
Corporate Services
Commissioner
and Governance
Judith Lind Pete Ratcliffe
Executive Director, Executive Director,
Operations Northern Operations Southern
1
https://www.ag.gov.au/integrity/consultations/commonwealth-integrity-commission-consultation-draft
Corporate Plan 2021–2025 9Our key activities
We deliver on our purpose and objective through four key activities:
1. 2. 3. 4.
Assessments ACLEI Supporting Prevention
investigations partner agency
investigations
10 Australian Commission for Law Enforcement IntegrityOur purpose:
To make it more difficult for corruption to occur or remain undetected in the Australian Government
law enforcement agencies which we oversee.
Our key activities
1. Assessments 2. ACLEI 3. Supporting 4. Prevention
investigations partner agency
investigations
We receive and We conduct We support our We prevent
assess notifications investigations partner law corruption through:
and referrals of into serious and enforcement agencies
alleged corrupt systemic corrupt to conduct their • identifying and
conduct by members conduct in Australian own investigations, disseminating
of Australian Government law including through: information
Government law enforcement on corruption
enforcement agencies through: • the use of vulnerabilities and
agencies through: our powers to risks to partner
• using our expertise oversee and agencies and the
• providing clear as investigators to manage agency public
reporting channels fully investigate investigations
• providing tailored
for agencies referrals and under the LEIC Act,
assistance
and members notifications of where appropriate
to Australian
of the public alleged corrupt
• reviewing the Government law
conduct
• assessing reports progress of agency enforcement
of alleged corrupt • effectively investigations, and agencies to detect
conduct in a timely and efficiently corrupt conduct
• providing feedback
fashion, and analysing and mitigate risks
and advice on
intelligence from
• dealing with agencies’ final • specialist projects
a range of sources
reports of reports on their on emerging
to further our
alleged corrupt investigations. corruption threats
investigations
conduct in the and innovative
most appropriate • ensuring approaches to
manner. investigations prevention, and
are completed in
• engaging with
a timely fashion
the Australian
• working jointly Parliament,
with other law agencies and
enforcement the public.
agencies where
appropriate, and
• acting within the
bounds of our
jurisdiction.
Our professional and multi-disciplinary corporate and governance services underpin the
effective delivery of these key activities.
Corporate Plan 2021–2025 11These four key activities reflect ACLEI’s prescribed role as set out in the LEIC Act.
• When ACLEI is made aware of a corruption issue relating to a partner agency
through a notification or referral, it is assessed and a decision is made
as to how the corruption issue should be dealt with.
• If the matter potentially involves serious corruption or systemic corruption
(as defined in s 5 of the LEIC Act), then the Integrity Commissioner
will prioritise investigation by ACLEI; if it does not then the Integrity
Commissioner will decide how it should most appropriately be dealt with.
• If the notification or referral nevertheless relates to a corruption issue,
the Integrity Commissioner can refer the matter to the partner agency to
Assessments
Assessments investigate, or refer the matter to another agency that is best placed to
investigate.
• If the notification or referral does not relate to a corruption issue, the
Commissioner may take no further action.
• In some cases, the LEIC Act requires that our partner agencies stop all other
action in relation to the alleged corrupt conduct while ACLEI’s assessment
of the referral or notification is underway. As such, it is imperative that our
assessment process is completed as quickly as possible.
• If the Integrity Commissioner decides that ACLEI should investigate, that
investigation can be undertaken by ACLEI alone, or jointly with other law
ACLEI
ACLEI
investigations enforcement agencies. ACLEI is focused on ensuring that its investigations
investigations
are thorough, properly targeted and completed in a timely way. Where
we investigate jointly with other agencies, we work closely to identify
investigative priorities, ensure we have a targeted plan of action and are
effectively managing joint risks.
• If the Integrity Commissioner decides that a partner agency should
investigate, ACLEI’s role is to provide support and ensure the agency’s
investigation is undertaken in a thorough and timely manner.
• The Integrity Commissioner can decide to oversee or manage the
investigation by the partner agency, or for the agency to undertake the
Supporting
Supporting
investigation independently, and provide regular progress reports to ACLEI.
partner agency
partner agency
investigations
investigations • Once the agency has completed its investigation, the agency must report
to the Integrity Commissioner. The Integrity Commissioner may make
comments or recommendations on the investigation, its outcome and/or
preventive measures that have been or could be put in place to address
ongoing corruption risk.
• ACLEI provides support to our partner agencies to prevent corruption and to
address vulnerabilities, especially those identified through the investigative
process.
• Our engagement with the Australian Parliament and the public also serves
an important purpose – both in providing assurance to the Parliament and
Prevention
Prevention the public about the integrity of Australian Government law enforcement
agencies and in acting as a deterrent to those who might be tempted to
engage in corrupt conduct.
12 Australian Commission for Law Enforcement IntegrityOur environment
In delivering on our purpose across the four years of this plan,
we are conscious of the following elements of the environment
that we operate in:
Serious and organised crime The ongoing response to
syndicates and their use of COVID-19 is likely to create
technology to avoid detection new corruption threats and
presents key operational remain a challenging operating
challenges. environment for us over several
years of the plan.
Our workforce is a key enabler Changes in the Australian
but it is also an area where we Government integrity
will experience challenges over framework will require us to be
the life of this plan. agile, anticipate and adapt.
Corporate Plan 2021–2025 13Serious and The ongoing response
organised crime to COVID-19
Australia remains a profitable market The COVID-19 pandemic is likely to continue
for illicit importations. As Australia’s border to present challenges, both in terms of new
arrangements remain restricted, serious and corruption threats linked to travel restrictions,
organised crime syndicates increasingly rely economic stimulus measures, and vaccine
on attempts at infiltration and corruption rollouts, as well as the operating environment
of law enforcement staff members to facilitate for our investigations across several years of
their operations. The ‘trusted insider’ this plan. We are continuing to monitor and
is an important business asset for serious assess corruption risks presented by pandemic
and organised criminals in conducting their response frameworks and engaging at an early
business, therefore creating corruption stage with Commonwealth law enforcement
pressures for staff members of Australian agencies on early intervention to address these
Government law enforcement agencies. risks. Our operational work will continue to be
guided by the advice that is provided by the
In 2019–20 we recognised the impact Chief Medical Officer and the federal, state
of technological change as an ongoing and territory governments.
challenge for ACLEI and all law enforcement
agencies. We noted that most organised crime
groups, and the corrupt officials who work with
Workforce
them, use encrypted communication platforms.
Operation Ironside, the Australian Federal
Police-led operation, highlighted the extensive ACLEI is a very small agency. Our people are
use of encrypted communications platforms critical to our ability to perform our functions
by organised crime. under the LEIC Act, and to fulfil our purpose
efficiently and effectively for the benefit
While our use of telecommunication of the Australian public. Over the life of this
interception remains a critical investigative plan, we expect to continue to see challenges
tool, its effect has been diminished in recent in attracting and retaining the highly skilled
years by this increasing shift toward encrypted and experienced staff we need to achieve our
communications. As a result, ACLEI needs purpose. This is a challenge shared by other
to rely more heavily on other investigative law enforcement agencies. We will work with
capabilities such as physical and technical those agencies to ensure we can acheive
surveillance and human source engagement our planned increased staffing levels while
in conducting our investigations. providing opportunities for development and
advancement of those people across the
We expect that over the four year life community of agencies.
of this plan we will continue to see new
technologies being adopted by the individuals
we investigate. To respond to these new
technologies, we will continue to adapt our
approach and evaluate which, if any, of the
investigative tools at our disposal are best
used to investigate corruption. Where our
current tools or investigative methods are
unable to deal with new technologies, we
will engage with government to consider
the need for or the desirability of legislative
change to support corruption investigations
(see section 15(f) of the LEIC Act).
14 Australian Commission for Law Enforcement IntegrityChanges in the
Australian Government
integrity framework
The Australian Government integrity
framework includes ACLEI and a number
of other Commonwealth agencies. We work
together, particularly to ensure that our
investigations do not overlap or impinge
on one another.
The integrity framework is set to change
over the four years of this plan with the
establishment of a CIC, which was announced
by the Australian Government in 2018.
The proposed law enforcement integrity
division will continue ACLEI’s current powers
and functions, but with broader jurisdiction.
The proposed public sector integrity
division will represent a new aspect of the
National Integrity Framework. ACLEI will
work over the course of this plan to support
the establishment of the CIC and the public
sector integrity division.
Corporate Plan 2021–2025 15Our relationships
ACLEI’s collaborative relationships are set out in the diagram below:
State and
territory law
enforcement
agencies
State and
Other
territory
Australian
integrity and
Public Service
anti-corruption
agencies
agencies
International
Commonwealth
integrity
agencies
ACLEI counterparts and
anti-corruption
forums
Australian
Government law
Public
enforcement
agencies
Academic and
NGO colleagues
16 Australian Commission for Law Enforcement IntegrityPartner agencies
To achieve our purpose and make it more difficult for corruption in designated Australian
Government law enforcement agencies to occur or remain undetected, we work closely with
the agencies that are within our jurisdiction.
While we investigate allegations of corruption within these law enforcement agencies, we also
partner with them to strengthen their internal integrity frameworks. This partnership approach
is established by the LEIC Act and reflects the general principle established by the PGPA Act
that Australian Government agency heads are ultimately responsible for ensuring the integrity
of their agencies, both in terms of people and processes.
In relation to investigations, this partnership involves:
Our partner agencies notifying or referring allegations of
corruption to ACLEI to assess under the LEIC Act.
ACLEI determining the most appropriate mechanism by which the
corruption issue should be dealt with, including whether investigations
should be conducted by ACLEI, by partner agencies or jointly.
Partner agencies reporting back to ACLEI during
and at the end of their investigation.
ACLEI sharing with partner agencies findings, information and intelligence
about vulnerabilities, as well as practical, targeted prevention advice,
to help deter and prevent corruption into the future.
Like all law enforcement agencies, ACLEI also benefits from information shared between law
enforcement agencies, which ensures that matters are investigated by the most appropriate agency.
Corporate Plan 2021–2025 17Similarly, ACLEI shares information with other agencies in accordance with the LEIC Act, to
enable matters to be appropriately dealt with. ACLEI also hosts a quarterly Corruption Prevention
Community of Practice which is a collaborative forum for Integrity and Professional Standards units
of Commonwealth law enforcement agencies to identify corruption risks, share good practices and
innovative approaches, collaborate to counter threats to law enforcement integrity and strengthen
their respective agency’s integrity systems.
We will continue to work with the four agencies that came within our jurisdiction in 2021 as they
establish their notification processes and corruption investigation capability. As discussed on
pages 7 and 8, the determination of whether an allegation is within our jurisdiction for one of these
agencies requires the application of an additional test, i.e. whether the alleged conduct relates
to the performance of a law enforcement function. We will continue to work with these agencies
and seek legal advice where necessary to apply this test to the allegations raised with us.
The Australian Government integrity framework
As ACLEI is a key part of the broader Australian Government integrity framework, we work closely
with other Commonwealth integrity and oversight agencies, including:
The Integrity Commissioner meets regularly with the heads of these agencies to discuss issues that
are common to integrity and oversight agencies and to consider the ways that we can work together.
18 Australian Commission for Law Enforcement IntegrityState and territory law enforcement
and integrity agencies
ACLEI also collaborates with state and territory law enforcement and integrity agencies, mainly
through the Corruption Prevention Practitioners’ Forum. Through this collaboration we ensure
Australia’s integrity network has a consistent understanding of relevant issues and is equipped
to deal with them.
International counterparts
and anti‑corruption forums
ACLEI engages with other anti-corruption agencies, including through participation in regional
and international anti-corruption forums. ACLEI contributes to and remains informed of global
anti-corruption developments.
The public
The public are also key partners in disrupting corruption. We receive allegations of corrupt conduct
from members of the public, which we evaluate through our assessment process.
Corporate Plan 2021–2025 19Our key enablers
Our people and supporting technology are critical to our ability to
perform our key activities and achieve our purpose. To deliver on our
purpose over the next four years, we will focus on enhancing two key
enablers, our people and our technology.
Performing
our key
People activities and Technology
achieving our
purpose
20 Australian Commission for Law Enforcement IntegrityOur people
ACLEI’s success is entirely dependent on the During the life of this plan, ACLEI’s case
quality and hard work of our staff. As a small management system will be refreshed.
agency with specialist functions, it can be Not only is this essential to our ability to
difficult to attract and retain staff with the undertake investigations effectively and
necessary skills and experience. This is a efficiently, but it will be an important step
common challenge for agencies with specialist for ACLEI in enhancing the way we record
activities but a particular challenge for ACLEI information about our performance. As a
over the next two years as it almost doubles in result, this will enhance our ability to measure
size and the CIC is established. Over the period and analyse our performance to ensure
of this plan, ACLEI will develop and implement we are maximising our impact.
a workforce strategy focused on attracting
and retaining highly skilled and experienced As well as working in partnership with
staff and ensuring that ACLEI has access the Australian Government agencies under
to the capabilities we will need in the future. our jurisdiction to prevent and investigate
We will also work with other agencies to corruption, ACLEI also works in cooperation
identify opportunities for staff development with partner agencies and other law
and advancement through secondment and enforcement agencies to ensure that ACLEI has
exchange programs. Such programs will also access to the technical capabilities needed to
provide opportunities to advance diversity and conduct our own investigations. ACLEI is a very
encourage innovative approaches to our work. small agency and it is inefficient for ACLEI
to maintain all of the technical capabilities it
requires to perform its functions in house. For
Our technology example, in some investigations, ACLEI relies
on the use of telecommunication interception
or surveillance devices to obtain evidence.
ACLEI relies on a shared services arrangement These capabilities are resource intensive
with the Attorney-General’s Department (AGD) and expensive to develop and maintain.
for its Information Communication Technology Accordingly, ACLEI acquires these technical
(ICT) services. Having access to appropriate capabilities from other agencies as required.
ICT is critical to our ability to progress our
work in a timely manner. We will continue
to work closely with AGD to ensure we
have access to the ICT resources we need.
Corporate Plan 2021–2025 21Our risk oversight
and management
ACLEI is committed to managing risk through our Strategic Risk
Management Policy and Framework, which provides a structured and
consistent approach to identifying, analysing and mitigating risk.
ACLEI’s Governance Architecture
Integrity Commissioner
LEIC Act
PGPA Act
Assessments Internal
Operations Board Audit Committee
Board Governance Board
Assists the Integrity Assists the Integrity Assists the Integrity Provides independent
Commissioner to fufill Commissioner to Commissioner and advice and assurance
their satutory make strategic the Executive to fufil to the Integrity
obligations in decisions in relation their satutory Commissioner
deciding how to deal to operational obligations relating to on ACLEI’s
with information that matters, including the management of accountability and
may raise a resourcing of the agency. control framework
corruption issue investigations and
identification of
corruption
vulnerabilities.
22 Australian Commission for Law Enforcement IntegrityWe aim to promote and build a positive risk culture that encourages an open and proactive
approach to managing risk, whilst recognising risk as both an opportunity and threat. Staff
are encouraged to build competency in skills to manage risk as part of their everyday work.
ACLEI has in place a framework and governance architecture to identify, prevent, mitigate
and report on enterprise and operational risks. Our governance architecture helps us to actively
engage in our risk management process and ensure that we are continuously reassessing the risks
that we are managing.
Enterprise and operational risks
Our enterprise risks are risks that could impact large areas of ACLEI, or prevent ACLEI from
achieving its objectives. Our operational risks are risks that impact on a particular section within
ACLEI. The Executive Directors have overarching responsibility of their respective operational risks.
Any new and emerging risks are discussed at the Internal Governance Board meetings and an
update on enterprise and operational risks is a standing agenda for all Audit Committee meetings.
ACLEI has identified eight enterprise risk categories and the strategies we use to manage them.
Enterprise risks Mitigating strategies
1. Influence and relationships • We lead and participate in a number of
communities of practice and forums to share
Risks include that there is a knowledge and experience.
breakdown in our relationship with
• We actively engage with all our stakeholders to
our partner agencies
safeguard and enhance our credibility.
• We ensure that we have developed relationships
at various levels with our partner agencies,
from Integrity Commissioner to investigator.
We regularly engage at these different levels to
ensure the relationships are working well.
2. Measuring outcomes • We have measures in place which are aimed at
and success protecting and maximising the use of our data
and information.
Risks include that ACLEI does not
• We actively engage and develop relationship with
have access to, or fails to maintain,
all partner agencies to facilitate the sharing of
accurate, complete and timely
information.
information
• We report to the Internal Governance Board and
Audit Committee on our performance.
Corporate Plan 2021–2025 23Enterprise risks Mitigating strategies
3. Commonwealth Integrity • The project to double ACLEI’s size during 2021
Commission (CIC) transition and has been planned and actively managed.
growth
• As an agency, we have prioritised our current
recruitment activity to support our expansion.
Risks include that ACLEI fails to
recruit, retain and adequately • We will take a planned approach to the transition
support an appropriately skilled to the CIC, including ensuring that the policies
workforce and processes used by ACLEI are fit for purpose
for the larger CIC once it is established.
4. Policy and jurisdiction • We manage this risk collaboratively with current
and future jurisdictional agencies through
Risks include that ACLEI is strong project planning and building effective
ineffective in implementing our stakeholder relationships.
broader jurisdiction
5. People capability and wellbeing • We use secondment arrangements and joint
investigations to ensure that the right skills are
Risks include that ACLEI does not available for each operation.
have the capability or capacity to
• We enhance our own capability through learning
achieve our purpose
and development opportunities.
• We utilise our data and our risk management
framework to ensure capacity to undertake
serious and systemic investigations.
• We have embedded an inclusive and positive
culture of teamwork and collaboration through
engagement and consultation.
6. Security and integrity • We have encouraged a security-conscious culture,
where security plans and risk assessments are in
The risks include that the security of place and followed.
our staff, witnesses, information or
• We ensure that our systems are secure, access is
data is compromised
auditable and we monitor use.
• Our staff are fully conversant with current
operations and information sharing protocols.
7. Operational conduct • We continually review our operational capabilities
to respond to changes in our operating
The risks include a loss of confidence environment to ensure they are matched to
in ACLEI’s ability to investigate emerging corrupt conduct.
corruption
8. Information management • We work in partnership with ICT providers to
and systems ensure we have access to the ICT resources that
we need.
The risks include that ACLEI fails to
• We have committed resources to review our
maintain fit-for-purpose ICT services
current and emerging ICT needs, and establish
arrangements to optimally meet these.
24 Australian Commission for Law Enforcement IntegrityOperational activity risks
ACLEI considers risk when planning for all operational activities. The following activities assist
ACLEI in this process:
• A Consideration of Risk (COR) process is undertaken by the Assessment Board to inform the
Integrity Commissioner’s consideration of corruption issues when making a recommendation
for a matter be investigated. This process is repeated during an investigation with an
operational review every 90 days.
• Some operational activities, such as warrants, hearings and interviews, can expose ACLEI and
its staff to various physical and integrity risks. In order to appropriately consider potential
risks that may be encountered, an operational risk assessment is conducted by staff prior to
the activity occurring.
• In the case of more significant activities such as an operational resolution, an Operational
Order is completed by staff that captures the formal consideration of risk and
mitigation strategies.
Corporate Plan 2021–2025 25Our performance
Our performance criteria We continue to develop our performance
framework with a particular focus on improving
align with our key activities to
how we report against our purpose.
create a direct line between
our purpose, activities and In 2019–20 we commenced work to refresh
performance, including: our performance framework, including
our performance measures, to ensure
that they provide a useful tool by which to
• focusing on investigating serious and
manage the work of ACLEI and to ensure
systemic corrupt conduct – which the
we are undertaking our activities in a timely
Parliament has decided should be the
and rigorous way in accordance with the
priority for the use of ACLEI’s specialist
requirements of the LEIC Act.
expertise and significant investigative
powers
In 2020–21 we focused on embedding our
• ensuring that other corruption issues are performance framework, identifying new data
appropriately dealt with by other agencies sets and reporting capabilities that can assist
us to accurately measure our performance.
• supporting partner agencies to prevent
and address vulnerabilities to corruption,
In 2021–22 we will review the appropriateness
and
of our performance criteria to determine
• undertaking our activities timeously – whether there are any changes we need to
noting the importance of addressing make to assist in measuring our performance.
alleged corrupt conduct and ongoing
corruption risk as quickly as possible. The executive team consider our performance
results quarterly at the Internal Governance
Board meeting; these performance results are
reviewed by the Audit Committee.
26 Australian Commission for Law Enforcement IntegrityKey activity 1: Assessment
We receive and assess notifications and referrals of alleged corrupt conduct by members of
Australian Government law enforcement agencies through:
• providing clear reporting channels for agencies and members of the public
• assessing reports of alleged corrupt conduct in a timely fashion, and
• dealing with reports of alleged corrupt conduct in the most appropriate manner.
2024–25
2023–24
2022–23
2021–22
Performance
Measure Target
Criterion
Number of notifications and
1.1 referrals of alleged corrupt Annual count ● ● ● ●
conduct received by ACLEI2 Yes Yes Yes Yes
The equivalent of
Number of completed 90% of the number
1.2 assessments of notifications of notification and ● ● ● ●
and referrals referrals received Yes Yes Yes
that year
Percentage of assessments
1.3 90% ● ● ● ●
completed within 30 days
Yes Yes Yes Yes
Percentage of survey
responses from agencies
indicating a rating of
1.4 70% ● No ● No
satisfied (or better) with
Yes Yes
the timeliness of our
assessment work3
2
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
3
This measure is assessed via a biennial stakeholder survey.
Corporate Plan 2021–2025 27Key activity 2: ACLEI investigations
We conduct investigations into serious and systemic corrupt conduct in Australian Government
law enforcement agencies through:
• using our expertise as investigators to fully investigate referrals and notifications of alleged corrupt
conduct
• effectively and efficiently analysing intelligence from a range of sources to further our investigations
• ensuring investigations are completed in a timely fashion
• working jointly with other law enforcement agencies where appropriate, and
• acting within the bounds of our jurisdiction.
2024–25
2023–24
2022–23
2021–22
Performance
Measure Target
Criterion
Number of investigations
2.1 Annual count ● ● ● ●
commenced4
Yes Yes Yes Yes
Number of investigations The equivalent of
finalised, either through being 80% of the number
2.2 ● ● ● ●
completed, discontinued or of investigations
Yes Yes Yes Yes
reconsidered commenced that year
Average duration of finalised Comparison against
2.3 ● ● ● ●
investigations 20–21 results5
Yes Yes Yes Yes
Percentage of briefs of
evidence where a charge
2.4 90% ● ● ● ●
is recommended after
Yes Yes Yes Yes
assessment by the CDPP
Number of reports under
Comparison against
2.5 section 54 of the LEIC Act ● ● ● ●
20–21 results6
completed Yes Yes Yes Yes
4
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
5
2020–21 results established a baseline for comparison
6
2020–21 results established a baseline for comparison
28 Australian Commission for Law Enforcement Integrity2024–25
2023–24
2022–23
2021–22
Performance
Measure Target
Criterion
Number of corruption
2.6 Annual count ● ● ● ●
findings made7
Yes Yes Yes Yes
Number of times evidence is
2.7 disseminated under section Annual count ● ● ● ●
146 of the LEIC Act8 Yes Yes Yes Yes
Percentage of survey
responses from agencies
demonstrating a rating
2.8 of satisfied (or better) 70% ● No ● No
with the timeliness and Yes Yes
professionalism of our
investigations9
7
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
8
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
9
This measure will be assessed via a biennial stakeholder survey
Corporate Plan 2021–2025 29Key activity 3: Supporting partner agency investigations
We support our partner law enforcement agencies to conduct their own investigations,
including through:
• the use of our powers to oversee and manage agency investigations under the LEIC Act,
where appropriate
• reviewing the progress of agency investigations, and
• providing feedback and advice on agencies’ final reports on their investigations.
2024–25
2023–24
2022–23
2021–22
Performance
Measure Target
Criterion
Number of investigations
referred to partner agencies for
3.1 investigation (broken down by Annual count ● ● ● ●
referred, referred with oversight Yes Yes Yes Yes
and referred with management)10
Number of investigations by
partner agencies finalised and
3.2 Annual count ● ● ● ●
report provided under section 66
Yes Yes Yes Yes
of the LEIC Act11
Average duration of finalised Comparison
3.3 investigations by partner against ● ● ● ●
agencies 20–21 results12 Yes Yes Yes Yes
Percentage of reviews of section
3.4 66 reports completed within 30 80% ● ● ● ●
days Yes Yes Yes Yes
Percentage of survey responses
from agencies demonstration a
3.5 70% ● No ● No
rating of satisfied (or better) with
Yes Yes
the quality of our contributions
10
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
11
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
12
2020–21 results established a baseline for comparison
30 Australian Commission for Law Enforcement IntegrityKey activity 4: Prevention
We prevent corruption through:
• identifying and disseminating information on corruption vulnerabilities and risks to partner
agencies and the public
• providing tailored assistance to Australian Government law enforcement agencies to detect corrupt
conduct and mitigate risks
• specialist projects on emerging corruption threats and innovative approaches to prevention, and
• engaging with the Australian Parliament, agencies and the public.
2024–25
2023–24
2022–23
2021–22
Performance
Measure Target
Criterion
4.1 Number of presentations provided13 Annual count ● ● ● ●
Yes Yes Yes Yes
Percentage of feedback from participants
4.2 in presentations demonstrating a rating 80% ● ● ● ●
of ‘satisfied’ or better Yes Yes Yes Yes
Number of corruption prevention
4.3 Annual count ● ● ● ●
products published14
Yes Yes Yes Yes
Trends are identified in:
• notifications and referrals, and
4.4 90% ● ● ● ●
• s66 reports received from partner
Yes Yes Yes Yes
agencies
Number of submissions made to, and
4.5 appearances before, parliamentary Annual count ● ● ● ●
committee processes15 Yes Yes Yes Yes
Percentage of survey responses from
agencies demonstrating a rating of
4.6 70% ● No ● No
satisfied (or better) with the quality of
Yes Yes
our corruption prevention work16
13
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
14
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
15
As provided by Rule 16E(2) item 5 of the Public Governance, Performance and Accountability Rule 2014, it is not reasonably
practicable to include targets for this measure and instead an annual count will be used. This is because the number
will vary from year to year and is not within ACLEI’s control. However, this number, when combined with other measures
outlined, provides important information against which to assess the workload of the agency during the period and
our efficiency and effectiveness in managing that workload.
16
This measure is assessed via a biennial stakeholder survey.
Corporate Plan 2021–2025 31You can also read
