The AFP is aware of reporting in the Guardian today (Tuesday 27 August, 2024).
The AFP disputes the characterisation of the AFP’s use of Commissioner’s powers (40TF powers).
The AFP and Professional Standards (PRS), including the Commissioner, acts at all times under its legislative framework.
The AFP Commissioner delegates the use of 40TF powers and does not directly intervene or select matters for assessment, review, investigation or dismissal.
This framework includes: Section 40TF(2) of the Australian Federal Police Act 1979 (the Act) provides that the Commissioner may exercise the discretion to take no further action in relation to a complaint in certain circumstances and; Section 40TF(2) of the Act details those circumstances where this power can be exercised.
The AFP’s use of these powers is overseen by the Commonwealth Ombudsman.
The AFP takes all matters relating to the conduct of AFP members and employees, including allegations of corruption, seriously.
The AFP Professional Standards set out the Commissioner’s expectations regarding how AFP appointees are to conduct themselves in the course of their duties, pursuant to sections 38 and 40RC of the AFP Act.
The AFP Integrity Framework encompasses the broader range of strategies to prevent, detect, respond to and investigate corruption, conduct and practices issues.
The AFP Integrity Framework encompasses the AFP Professional Standards including the AFP’s complaint management methodology and processes.
All allegations and complaints are assessed and when appropriate are then escalated for investigation and further action.
The figures provided to the Guardian Australia via a Freedom of Information request relate to ‘allegations’ not ‘complaints’. A complaint/investigation may comprise multiple allegations against multiple members.
It is not correct to state that one in four complaints have had discretion applied to them.
Matters that are dismissed are undertaken with careful consideration and are acted upon within the legislative framework that governs the AFP.
The AFP has recently undergone a change in process following a recommendation in the Commonwealth Ombudsman’s Part V Inspection Report (relating to complaints finalised between March, 2021 and February, 2022; report published in June 2023).
Because of the recommendation, certain matters not previously reported on (such as information received by the AFP that was deemed to not be a complaint after preliminary enquiries, or where there is no legislative basis for the complaint, e.g. the subject is not or has never been an AFP appointee) have been included in reporting as a ‘discretion not to proceed’ decision pursuant to section 40TF of the Act.
The purpose of this recommendation was to ensure that any information received under section 40SA of the Act was administered according to the requirements of the Act, regardless of the merits of the complaint.
As a result of the change in practice there was an increase in the number of formally recorded allegations the AFP reported on (from 2023 onwards). This does not necessarily reflect an increase in reports made against the AFP, rather matters previously deemed to not be a complaint are now formally recorded within the AFP’s complaint management system, with a discretion to take no further action per section 40TF of the Act applied.
The records that were previously determined to not be a complaint were still retained in AFP systems and available to the Commonwealth Ombudsman for review.
