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Performance
Performance indicators
41. The effectiveness of the office may be assessed against a range of quantitative and qualitative performance indicators, including:
- the time taken to deal with complaints and conclude inquiries;
- acceptance by ministers and agency heads of recommendations arising from inquiries;
- positive responses from agencies to issues we raise arising from inspection activities; and
- the level of assurance I can give that the agencies are conducting their activities legally, with propriety, and with regard to human rights.
Timeliness
Statistics
42. At the start of the reporting period 6 inquiries or preliminary inquiries remained open. These comprised a ministerial referral regarding the activities of DIO, a complaint about ASIS and 4 complaints about ASIO. All were concluded during the reporting period.
43. In addition, there were 70 approaches from people with new or continuing complaints against a nominated agency (60 in 2001-02).
44. These comprised:
- 29 new complaints leading to preliminary or full inquiries (26 in 2001-02). They are listed at Annex 1, table 1. Ten remained open at the end of the reporting period;
- 9 approaches seeking review of previous complaints (7 in 2001-02); and
- 32 new complaints nominating an agency that were dealt with without the need for inquiry action (27 in 2001-02). They are listed at Annex 1, table 2.
45. We try to respond to the latter immediately or within a few days at most. One such contact remained to be dealt with at the end of the reporting period, but was finalised early in the next reporting period.
46. In addition, 78 people contacted the office with concerns of a generic or non specific nature, also not requiring inquiry action.
47. We do not have specific target times for completing preliminary or formal inquiries because we often need input from people whom we cannot require to provide responses within our preferred time limits.
48. In the five years between 1 July 1998 and 30 June 2003, the average time taken on each such inquiry was 103.45 days, while the average times taken in 2001-2002 and 2002-2003 were 72.9 days and 123.5 days respectively.
49. This does not necessarily, however, say anything about effort on the part of this office compared to previous years. Resolution of inquiries is also influenced by factors such as:
- the complexity and range of issues raised;
- the immediacy of the matters to be inquired into;
- the accessibility of necessary information;
- locating persons with knowledge of the matters being inquired into; and
- the need to observe the formal processes set out in the IGIS Act.
50. The office’s capacity to further reduce the time it takes to conclude its investigations will continue to depend on the complexity of the cases that come to our attention and the responsiveness of others, as well as our own efficiency.
Acceptance of recommendations
51. It is very rare for an agency to reject recommendations of the Inspector-General. All recommendations made by the Inspector-General in this reporting year were accepted.
Responsiveness to issues raised in inspections
52. During and following inspection visits to each of the collection agencies, I made a number of suggestions on how procedures could be streamlined or improved. These suggestions were generally accepted and acted upon. In cases where they were not, I accepted that there were good reasons for not doing so.
53. The intelligence and security agencies continued to seek my views on draft policies and procedures where issues of propriety and/or legality arose, or were likely to arise.
54. The willingness of the agencies to seek and accept input from my office demonstrates a genuine commitment on their part to conduct their activities legally and with propriety.
Level of assurance
Increasing number of complaints
55. The number of new complaints to the office has increased over the last few reporting periods. Several external factors are likely to have played a part in this.
56. Terrorist attacks such as occurred in the United States on 11 September 2001 and in Bali in October 2002, require greatly increased investigative effort by the intelligence community, with consequent impacts on the wider community.
57. In the immediate aftermath of the Bali bombings, for example, ASIO sought and obtained a number of entry and search warrants. The execution of these warrants led to a number of complaints that have required individual investigation.
58. Secondly, there have been some inquiries by the Inspector-General that have received considerable media attention. The level of community consciousness of the office’s existence and role is, therefore, higher than in previous times.
Summary
59. During the reporting period I found some instances where the agencies acted beyond their authority. These are described in the chapters of this report that deal with each agency individually.
60. In summary, however, I have come across no evidence that the intelligence and security agencies, or individual members of the agencies, have knowingly acted, or wish to act, beyond their authority.
61. I am also satisfied that there is no evidence of enduring systemic deficiencies that would lead to breaches of propriety, the law, or the human rights of Australians.
62. I consider that the Australian public can be confident that the intelligence and security agencies continue to be:
- focussed on achieving the objectives set for them by the Parliament and government;
- responsive to ministerial direction;
- aware of the limits of their authority;
- concerned to conduct their business in a professional manner; and
- fully accountable for their actions via the various oversight mechanisms that apply to them.