CHAPTER 3Performance report

Output 2—Review of statutory compliance

Timely completion of the inspecting/reporting schedule, government and agency acceptance of and satisfaction with the quality and relevance of inspection findings and recommendations and number of inspections completed by category

The Ombudsman is required to inspect the records of the AFP, the Australian Crime Commission (ACC), the Australian Commission for Law Enforcement Integrity (ACLEI), and other agencies in certain circumstances, in accordance with three Acts as noted below. We report to each agency on the outcome of each inspection in addition to the statutory reporting requirements to the Minister or to Parliament.

At the completion of each inspection, a draft report is forwarded to the respective 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, and agencies are more likely to accept our position. We do not ask agencies to formally acknowledge any objections once they have received the inspection report. We understand that all of the Ombudsman’s findings in reports finalised in 2006–07 were accepted by the relevant agencies.

Telecommunications interception 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, and other agencies in certain circumstances, to ensure telecommunications interception activities and accessing of stored communications is in accordance with the provisions of the TIA Act. In 2006–07, we carried out three inspections of the AFP and two inspections of the ACC.

The TIA Act also 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 and the ACC within the required timeframe.

Surveillance device records

Under the Surveillance Devices Act 2004 (Surveillance Devices 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 Act, to ensure use of surveillance devices is in accordance with the Act. We carried out three inspections of the records of the AFP, two inspections of the ACC, and one each of New South Wales Police and South Australia Police.

The Surveillance Devices Act also requires the Ombudsman to make a written report to the Attorney-General bi-annually on the results of the inspection of each agency during the preceding six months. The Attorney-General tables the reports in Parliament. The results from the first AFP and ACC inspections were reported to the Attorney-General in February 2007, and the results of the other inspections will be reported to the Attorney-General within the required timeframe.

Controlled operations records

Under Part 1AB of 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. In 2006–07, we inspected the controlled operations records of the AFP on three occasions and the ACC on two occasions.

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, and to brief the Parliamentary Joint Committee on the activities of the ACC. An annual report for 2005–06 was presented to Parliament in December 2006 and the briefing occurred in March 2007.

Building industry taskforce records

Section 88AI of the Workplace Relations Act 1996 previously required the Ombudsman to review the use of coercive powers exercised by the Secretary of the Department of Employment and Workplace Relations and his delegate, the Director of the Building Industry Taskforce. An inspection pursuant to those requirements was conducted in early 2006 and a report was provided to the President of the Senate and the Speaker of the House of Representatives in October 2006. The Ombudsman is no longer required to review such matters.