A report on the Commonwealth Ombudsman's activities in monitoring controlled operations

Covers the Ombudsman’s work and activities in monitoring controlled (covert) operations during the period 1 July 2009 to 30 June 2010.

The report includes:

• an overview of the methodology used to assess law enforcement agencies’ compliance with Part 1AB of the Act

• an assessment of the levels of compliance demonstrated by the AFP and the ACC with the requirements of Part 1AB of the Act Report on the Commonwealth Ombudsman’s activities in monitoring controlled operations

• the recommendations made by the Ombudsman to the AFP and the ACC during the inspection period.

Overall, the majority of controlled operations records held by the AFP and the ACC during 2009-10 demonstrated compliance with Part 1AB of the Act. Both agencies made progress towards addressing this office’s previous recommendations, including:

• improved compliance in relation to the AFP’s annual reporting to the Minister. All of the details required by the Act were included in the AFP’s annual report and where information was excluded an explanation was provided, as required by ss 15T(3) and (4)

• improved access at inspections to documentation which verifies information contained in the ACC’s quarterly reports to the Minister

• improved internal management of controlled operations by the ACC, including changes to the types of conditions placed on operations.

However, there were some areas where improvements were required. The most significant issues related to:

• the ACC exceeding the maximum permitted duration of controlled operations and not seeking external review by the Administrative Appeals Tribunal (AAT)

• inaccurate reporting of illicit goods involved in controlled operations by the AFP

• the AFP not identifying on the certificate the activities permitted or the civilian participants in the controlled operation.