Chapter 3
Performance report
Output 2—Review of statutory compliance in specified areas
Our 2008–09 targets for this key performance indicator were:
- all inspections and reports completed according to the statutory inspection schedule
- Government and agencies accept the quality and relevance of findings and recommendations.
Detailed reporting on our inspections activity is contained in Chapter 6—Looking at the agencies.
Target: All inspections and reports completed according to the statutory inspection schedule
The Ombudsman is required to inspect the records of the AFP, the ACC, the Australian Commission for Law Enforcement Integrity (ACLEI) and other agencies in certain circumstances, in accordance with three Acts as noted below. It is our practice to make a report to each agency on the outcome of each inspection in addition to the statutory reporting requirements to the Minister or to Parliament.
Although there was a substantial increase in the inspections workload during 2008–09, all inspections and reports were completed according to the statutory inspection schedule. During 2008–09 we carried out 30 inspections, compared to 19 in 2007–08. We inspected the records of 15 different agencies, compared to five in 2007–08. The increase was predominantly due to increased access by agencies to stored communications.
Telecommunications records
Under the Telecommunications (Interception and Access) Act 1979 (TIA Act), the Ombudsman is required to inspect the records of the AFP, the ACC and ACLEI to ensure telecommunications interception activities are in accordance with the provisions of the TIA Act. In 2008–09 we carried out two inspections each of the AFP and the ACC.
The Ombudsman is also required to inspect the records of these agencies and other agencies that access stored communications (for example, emails), to ensure their activities are in accordance with the Act. In 2008–09 we carried out two inspections each of the AFP and the Australian Customs and Border Protection Service, and one inspection each of the ACC, the Australian Securities and Investments Commission, and 11 state and territory police forces and integrity organisations.
The TIA Act requires the Ombudsman to report to the Attorney–General in writing before 30 September each year on the results of the inspection of each agency during the preceding financial year. In accordance with this obligation, reports to the Minister were provided for the AFP, the ACC, the New South Wales (NSW) Crime Commission, the NSW Police and the South Australia Police (the agencies inspected in 2007–08) within the nominated timeframe.
Surveillance devices
Under the Surveillance Devices Act 2004 (SD Act), the Ombudsman is required to inspect the records of the AFP, the ACC and ACLEI, and those state law enforcement agencies that have utilised powers within the SD Act, to ensure that the use of surveillance devices is in accordance with the Act. We carried out two inspections each of the records of the AFP and the ACC, and one of the NSW Police.
The SD Act also requires the Ombudsman to report to the Attorney–General bi–annually on the results of the inspection of each agency. Reports were provided to the Attorney–General in August 2008 and March 2009 in accordance with our statutory obligation.
Controlled operations
Under the Crimes Act 1914 (Crimes Act), the Ombudsman is required to inspect the records of the AFP, the ACC and ACLEI to ensure compliance with Part 1AB of the Act. In 2008–09 we inspected the controlled operations records of the AFP and the ACC twice each. (A controlled operation is a covert operation carried out by law enforcement officers under the Crimes Act for the purpose of obtaining evidence that may lead to the prosecution of a person for a serious offence.)
Part 1AB of the Crimes Act also requires the Ombudsman to report to the President of the Senate and the Speaker of the House of Representatives on the inspections carried out in the previous financial year. An annual report for 2007–08 was presented to Parliament in September 2008.
Analysis of achievement
Despite a substantial increase in workload we met this target.
Target: Government and agencies accept the quality and relevance of findings and recommendations
After each inspection we forward a draft report to the agency for comment, and those comments are considered in producing a final report. This procedure allows agencies to be heard before we make any findings or recommendations. We do not formally ask agencies to advise if they accept the findings and recommendations. However, we understand that all of the Ombudsman's recommendations in reports finalised in 2008–09 were accepted by the agencies.
As discussed further in the section on inspections and monitoring in Chapter 6—Looking at the agencies, those agencies that are regularly inspected by this office now show a high level of compliance with legislative provisions. The improvements they have made show that compliance audits are a valuable exercise in accountability.
Analysis of achievement
We met this target.
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