Kristina Keneally (NSW, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

Labor supports the Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019 before the Senate. The safety and security of Australians and our economic and social wellbeing requires action against serious and organised crime.

The Australian Criminal Intelligence Commission plays a critical role in keeping Australia and Australians safe. The dedicated staff at the commission seek to find, understand and respond to serious and organised crime by collecting, correlating, analysing and sharing criminal information and intelligence; maintaining a national database of criminal information and intelligence; undertaking intelligence operations; investigating matters relating to federally relevant criminal activity; providing strategic criminal assessments; and providing advice on national criminal intelligence priorities. Importantly, the commission is not the police force. The commission's role is to step in when traditional law enforcement methods are unlikely to be or have not been effective.

In the last financial year alone, the commission successfully facilitated the discovery of 95 previously unknown targets, the disruption of 28 criminal entities, the arrest of 169 people, the laying of 607 charges and the seizure of drugs and precursors with a street value of $2.3 billion. This is vital work that helps combat serious and organised crime and keep Australians safe.

Labor will always seek to work in a cooperative and bipartisan manner to ensure our police and national security agencies have the powers and resources they need to keep our nation secure and our people safe. This bill is not perfect and the process that has led up to this debate is not perfect, but Labor does appreciate and thank the Minister for Home Affairs and the government for the bipartisan manner in which they have approached this legislation and briefed the Australian Labor Party.

Following briefings from the government and the CEO of the Australian Criminal Intelligence Commission, Labor accepts that there is an urgent need to pass this legislation to ensure that the ACIC can continue its important work. It's important to note that Labor is of the view that, had we been government, in these circumstances we would have legislated as well. However, we would have legislated differently. I can say confidently, however, that while we would have acted, as the government is, to confirm the validity of existing special operation and special investigation determinations and ensure that future special operations and investigations are on a sound legal footing, we would have done it in a different manner. However, Labor continues to believe that the commission should only be using its powers when traditional law enforcement methods are unlikely to be effective, and we do believe it is important that legislation be brought to this parliament to provide the protection of the special operations and investigations that the Australian Criminal Intelligence Commission is seeking.

It is worth noting that the coercive powers of the commission are extraordinary. They include the power to summon witnesses to appear before an examiner, to compel those witnesses to give evidence on themselves and others under investigation, and to obtain documents or other items held by witnesses. It is important that these powers are only used when absolutely necessary, with appropriate oversight and checks and balances.

I note that the minister has provided Labor with an assurance that, within 12 months of this bill passing this parliament, the government will refer the operation of this legislation to the Parliamentary Joint Committee on Law Enforcement for review. I thank the minister for providing that assurance. I also note that the ACC Act is due for its statutory review in 2020.

Finally, I would like to thank the CEO of the commission, Mr Michael Phelan, for his detailed explanation to me and the shadow Attorney-General of why this legislation is important and necessary. Labor thanks Mr Phelan and the staff of the commission for the work they do to protect our community from organised crime and serious criminal activity. Labor supports this bill because Labor supports the Australian Criminal Intelligence Commission.