Concetta Fierravanti-Wells (NSW, Liberal Party, Assistant Minister for Multicultural Affairs) Share this | Hansard source

The Australian Crime Commission Amendment (Criminology Research) Bill 2015 brings two of the nation's leading authorities on crime and justice, the Australian Institute of Criminology and the Australian Crime Commission, together under one banner. Australia's law enforcement and justice agencies are increasingly dependent on accurate research, information and intelligence to ensure that our officers on the ground, at our borders and in our intelligence agencies can do their job. Accurate research, information and intelligence are also essential to do deliver evidence based crime prevention strategies and effective justice policies that benefit the Australian community. A combined agency with strengthened research capability will be able to provide a better evidence base for our agencies to identify the patterns and associations that can detect, disrupt and undermine those who seek to keep to do our communities harm.

I would like now to turn to some of the specific points that were raised in the debate and address some of these points. Firstly, why does the government want to merge the AIC with the ACC? We believe that this will bring two of our leading authorities under the one banner. Whilst the proposed merger is expected to produce small savings over the forward estimates, can I assure the Senate that is not about cutting the costs or personnel of either agency; it is about creating a unified workforce incorporating the staff of both agencies.

We believe that there are benefits for both agencies and significant opportunities. By merging the two bodies, AIC staff would have greater access to classified information. This would enable them to develop better informed and targeted research that will be of greater value to law enforcement and justice agencies across Australia. It will also provide the ACC with a specialist research capability that will support the development of evidence based responses to serious and organised criminal threats. It will also provide significant opportunities to the staff of both agencies by providing a diversity in the type of work they can perform and also provide professional opportunities available to them.

We believe that the merger will assist in producing independent research that can inform policymaking by combining the expertise capability and data information holdings of the AIC and the ACC. This will significantly enhance support for law enforcement in counter-terrorism efforts and bolster Australia's response to serious and organised crime. The Australian Crime and Justice Research Centre will work closely with ACC, particularly on issues such as a common interest such as illicit drugs and crime prevention. Of course this will increase the value and relevance of the research, providing an enhanced evidence base to support a proactive and targeted response to crime and policy development by all law enforcement and justice agencies.

We believe there will be minimal risk only to both agencies. We believe it will be business-as-usual and there may be some minimal disruption but only during the transition process. Both have established a joint dedicated change management team to help manage this risk. Of course the government consulted in relation to the preparation of this bill with the two bodies in question and with the Attorney-General's Department, but we also consulted with states and territories through the Criminology Research Advisory Council and the ACC board throughout this process.

I will particularly address some comments that were made by Senator Collins and Senator McKim about consultation with external criminology researchers on the bill. We worked closely, as I have indicated, with the Attorney-General's Department and the two bodies to develop this bill for parliament's consideration. The AIC has a close working relationship with its stakeholders, including external criminology researchers, and it provided feedback from these stakeholders throughout the development of the merger process. The proposal also takes into account public statements made by criminology researchers and concerns this group proactively raised with the government. For example, the AIC provided feedback from the criminology research community that, should a merger proceed, the AIC should continue to carry out world-leading criminology research and remain an independent research unit within the ACC. Taking this feedback into account, the bill provides for the AIC to carry all of its research functions over to the ACC. Furthermore, the AIC's researchers will form a new research branch at the ACC—the Australian Crime and Justice Research Centre—which will be headed by a senior criminologist and research specialist.

Earlier I mentioned the minimal impact on staff. I can assure the Senate that staff wellbeing has been a primary consideration throughout the development of this process and, as I have indicated, it will open up opportunities for staff. We particularly wanted to make this point, and I note that in correspondence from Minister Keenan to the shadow minister, the Hon. David Feeney, it was specifically noted that the merger will not result in significant job losses and that this bill is not about cutting the staff or functions of either agency. It is about leveraging their strengths to ensure that we are using existing capability as effectively as possible to achieve the best outcomes for the Australian community.

I will now go particularly to the issue of the independence of research, which has been raised by both Senator Collins and Senator Xenophon. Will the proposed merger impact the independence of the AIC's research? The answer, simply, is no. As I have indicated there will be the new branch of the ACC, the Australian Crime and Justice Research Centre, where an ethics committee will oversee this centre's activities, as one currently does for the AIC. The department, the ACC and the AIC agreed on its organisational structure following specific feedback from AIC stakeholders that the AIC needed to maintain the capability to produce independent research. Whilst the centre's research priorities may become aligned more closely with law enforcement's high-level priorities, such as illicit drugs or transnational crime, this operating model would ensure that the centre will not be subject to undue influence by law enforcement industries. The centre's priorities will also continue to be influenced by an advisory body similar to the current Criminology Research Advisory Council.

I want to focus now on comments raised by all speakers in relation to this, particularly about the AIC's research, and state that the centre would continue to carry out the AIC's three main work streams, which are: statistical monitoring programs, fee-for-service research and thematic research on crime and justice priorities. In relation to its thematic research on crime and justice priorities, the research centre will work closely with the rest of the ACC, particularly on issues of common interest. Research staff will also have access to ACC-sensitive law enforcement information, enabling the centre to carry out confidential research on specific issues for the ACC and law enforcement and justice agencies. The research centre will also have access to the same data sets that are currently available to the AIC, and the researchers will also be able to access all of the AIC's data sets. I will state that the ACC Act contains strict provisions governing dissemination of ACC information, not only to other government agencies but also to the private sector. Of course this is appropriate, given the sensitive information and intelligence that the ACC currently handles. Whilst this is appropriate for the ACC's existing operations, following a merger it will be important that the ACC can make AIC research available to other criminology researchers and to the broader Australian community, as it currently does.

In recognition of this, the bill inserts a new information disclosure provision into the ACC Act to enable the ACC to share and publish criminological research and information in the same way as the AIC currently does. This will ensure that criminological research will not become subject to the strict information disclosure regimes that apply to other types of ACC information. The JV Barry Library would also be maintained, and the merger agency will continue to provide public access to its holdings on an appointment basis, as the AIC currently does. As part of the proposed merger the AIC has also begun digitising parts of the JV Barry Library to improve public access, and this process will continue after the merger. In addition to publishing research, the merged agency will respond to specific data requests from researchers in the same way as the AIC currently does, and each request will be assessed on a case-by-case basis.

In response to a comment from Senator Xenophon, the merged agency will respond to specific data requests from researchers, as I indicated, in the same way as the AIC currently does. Each request will be assessed on a case-by-case basis, with the level of detail provided subject to ethical and privacy considerations. In the unlikely event of a disagreement between researchers and the merged agency, researchers will be able to escalate the matter to the CEO, as is currently the case for the AIC. If the dispute cannot be dealt with in this way, researchers have an appeal mechanism. Furthermore, the ACC is subject to the Commonwealth Ombudsman's jurisdiction, so the Ombudsman can investigate complaints as well. As is currently the case, researchers can also seek access to unpublished reports through the freedom of information process.

Senator McKim in particular asked about the library. I think that issue has been addressed. Senator Collins asked a question about the government's decision not to move the AIC to a university, as was suggested by the National Commission of Audit. Merging the AIC with the ACC presents a unique opportunity that would not be available if the AIC was moved to a university. By merging the two bodies, AIC staff will obtain greater access to classified information. I have addressed some of those issues previously.

I now turn specifically to the schedules to the bill and address particular comments raised by both Senator Collins and Senator Xenophon in relation to the continuation of the Criminology Research Advisory Council. The government consulted closely with the Criminology Research Advisory Council in developing the proposal to merge the AIC with the ACC. The advisory council advised that it may wish to maintain a role in the merged agency but that this role does not need to be enshrined in legislation. Following a merger, the ACC board will assume responsibility for providing strategic direction to the ACC about its new research functions and for determining the ACC's criminological research priorities. However, in doing so, the ACC CEO proposes that the board take advice from the non-legislated research advisory committee. That research advisory committee is intended to perform a similar role to the current Criminology Research Advisory Council, with expanded membership to include the enforcement agencies. This will ensure that justice agencies continue to play a central role in determining the Australian Crime and Justice Research Centre's priorities.

In relation to the non-legislated research advisory committee, on 20 November 2015, the Criminology Research Advisory Council agreed that the new non-legislated research advisory committee would consist of the advisory council's existing members plus two law enforcement representatives and a representative from the Australia and New Zealand Society of Criminology. These changes are intended to broaden the range of stakeholders that will provide advice on crime and justice research priorities.

The ACC CEO proposes that the non-legislated research advisory committee will meet twice a year, with one meeting focused on research priorities and another on criminology research grants. That research advisory committee will still play a role in advising the CEO on criminology research grants through a grants subgroup. The subgroup will consist of research advisory committee members who provide a financial contribution to the grants fund. These arrangements will create a strong and independent committee structure to provide advice to the ACC board on the Australian Crime and Justice Research Centre's research priorities.

I think that addresses the key points raised in relation to this bill. In conclusion, I reiterate that the proposed merger is not about cutting the staff functions or cost of either the AIC or the ACC. It is about leveraging strengths of both agencies to achieve the best research and intelligence outcomes for the Australian community. With the merger of the AIC into the ACC, the ACC will be better able to fulfil its role as Australia's national criminal intelligence agency, supporting and informing the efforts of law enforcement agencies around Australia. Similarly, the new Australian Crime and Justice Research Centre in the ACC will continue to prepare and disseminate world-leading criminological research, which informs our understanding of the trends and developments in crime and justice. In this way, the bill delivers on the government's commitment to tackle crime and keep our community safe.

Debate adjourned.