Julian Simmonds (Ryan, Liberal National Party) Share this | Link to this | Hansard source

On behalf of the Parliamentary Joint Committee on Law Enforcement, I present the committee's report entitled Operation of the Australian Crime Commission Amendment (Special Operations and Special Investigations) Act 2019.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—On behalf of the Parliamentary Joint Committee on Law Enforcement I'm pleased to present the report today. The SOCI Act, or the Special Operations and Special Investigations) Act,passed on 5 December 2019 and amended the Australian Crime Commission Act 2002 to confirm the validity of current and former special operations and special investigations and change the process by which the Australian Criminal Intelligence Commission board authorises future special operations and investigations.

The SOSI act did not expand the powers available to the ACIC when undertaking a special operation or investigation. The committee, in its review, appreciated that the SOSI act changes were crucial to safeguard the ACIC's ability to fulfil its statutory functions and how integral that is to their purpose, which is to tackle serious crime impacting on Australians and Australian families. The committee notes that the ACIC has a pivotal role in intelligence gathering and its activities have a significant effect in disrupting criminal enterprises and help inform our law enforcement agencies about the extent, impact and threat of serious and organised criminal activity.

The committee has thoroughly considered the concerns raised in the course of the inquiry regarding the operation and effectiveness of the SOSI act. Some inquiry participants questioned the introduction of the public interest test and whether the oversight of the board's decision-making process is sufficient. Some expressed concern regarding the retrospective validation provisions of the SOSI act. However, it is the committee's firm view that the board is comprised of highly experienced individuals who are well versed in preventing and disrupting serious and organised crime and protecting our community. The committee notes that the board takes into account a wide range of public interest test matters when authorising a special operation or investigation. The committee intends to seek further information from the ACIC and the board regarding the decision-making process to determine a special operation or investigation as part of its ongoing role in oversighting the ACIC.

Overall, the committee is satisfied that the SOSI act is effective as it stands and has achieved its aim of enabling the ACIC to continue to fulfil its statutory obligations of protecting Australians against organised crime. Furthermore, the committee considers it has an important oversight role regarding the function and performance of the ACIC and the committee will continue to actively monitor the ACIC's work with vigour into the future.

I would like to thank the participants who contributed to the inquiry and the witnesses who took the time to appear before the committee. It was very helpful. I would of course also like to thank all my fellow committee members for their contributions, as well as the secretariat, who put forward a lot of work. Thank you.

Anne Aly (Cowan, Australian Labor Party) Share this | Link to this | Hansard source

by leave—I want to add my comments to those of the chair of the Parliamentary Joint Committee on Law Enforcement, as the deputy chair, just to reiterate some of the points made by the chair. The report on the SOSI act, the Australian Crime Commission Amendment (Special Operations and Special Investigations) Act, is actually quite an important report. As the committee heard from the witnesses that appeared before us, this legislation, which was introduced for special ops and special investigations, gives the ACIC certain powers of determination. It is the only legislation that does not come under the auspices of the Inspector-General of Intelligence and Security, and it has a quite unique oversight mechanism. As the chair mentioned, that oversight mechanism is with the specially appointed board of the ACIC that makes determinations about special operations and special investigations. The other form of oversight and part of that mechanism is of course the Parliamentary Joint Committee on Law Enforcement, of which I am the deputy chair and the member for Ryan is the chair. Some of the witnesses argued that there should be more oversight or a different oversight mechanism. But the law enforcement witnesses who appeared assured the committee that more oversight would not result in fewer cases being challenged by the High Court by those who have been charged with serious crimes and who want to continue their criminal enterprise.

In closing on this, I would like to reiterate the important function of the Parliamentary Joint Committee on Law Enforcement in its oversight of this act under section 7 of the SOSI act, and that function of oversight should continue. I would like to thank Dr Sean Turner and the secretariat, the chair and other members of the committee. I commend this report to the House.