Corporate and communications

Support from DPMC and DSD

As a very small agency, the office relies on the assistance of the Department of the Prime Minister and Cabinet (DPMC) in handling staffand other administration issues and in providing general support. This support is provided on the basis that we are a portfolio agency and collocated with DPMC. The arrangement works well and I am grateful to DPMC for its continued support.

The other major provider of support is DSD which maintains the internal secure computer network systems within the office. I would like to record my thanks for DSD’s continued assistance.

Outcome and Outputs

The OIGIS outcome and outputs are an integral part of the accrual budgetary structure and are outlined in detail in the current portfolio budget statements.

OIGIS is committed to the endorsed outcome of providing assurance that Australia’s intelligence agencies act legally, ethically and with propriety.

In the reporting period the office had two outputs:

Output 1—Inspect and report on the activities of the intelligence and security agencies.
Output 2—Conduct inquiries and provide a complaint resolution service.

As part of the 2005–06 Budget process, these outputs were combined into the following output:

Inspect, inquire into, and report on, the activities of the intelligence and security agencies.

The decision to change the output structure (made during the reporting period) was for three main reasons:

To recognise that reporting responsibilities apply to inquiry activities, not just to inspection activities.
To recognise that complaints are handled as inquiries and are not a separate activity from inquiries.
To recognise that inspection activities can potentially lead to inquiries, and are in turn inﬂuenced by inquiries.

Under the revised ouput structure, the office will continue to carry out all the duties performed under the two former outputs, including complaints resolution.

Corporate Governance

The office has an Audit Committee chaired by myself and which also includes an external member from DPMC. The Committee considers corporate governance issues such as internal and external audit findings, fraud and risk management, occupational health and safety, and significant fi nancial issues.

The small size of the office lends itself to a collegiate approach to dealing with workplace issues. Whole of agency meetings are held frequently and all staffhave direct access to me on a daily basis.

Disaster Recovery Plan/Business Continuity Plan

The office has its own disaster recovery/business continuity plan to ensure the continued operation of the office in the event of a disaster. This plan is reviewed periodically to ensure its currency.

Fraud Control

I am satisfied that OIGIS has in place appropriate fraud control mechanisms that meet the needs of the agency and comply with the Commonwealth Fraud Control Guidelines. There were no cases of suspected fraud in the reporting period.

Staffing and Resources

There were no changes to the staffing composition of the office during the reporting period. The salary ranges are aligned with those under the DPMC certifi ed agreement.

Composition of the Office

During the reporting year positions were filled as follows:

Inspector-General of Intelligence and Security— Mr Ian Carnell
Principal Investigation Officer— Mr Neville Bryan
Senior Investigation Officer— Ms Jane Trevor
Personal Assistant to the Inspector-General— Ms Jodie Williams
Office Manager and Monitoring Officer— Ms Robyn Kelly

A participant on the Senior Women in Management Programme was placed in OIGIS from 13 October to 10 December 2004. My office is grateful for the additional resources that were made available through the SWIM Programme and to the officer for the contribution she made.

Performance Pay

OIGIS staff have indicated that they do not wish to participate in a performance based pay scheme. Accordingly, no staff members were allocated performance based pay during the reporting period.

Workplace Agreements

The Workplace Relations Act 1996 established a framework in which agencies are required to directly negotiate agreements on pay and conditions matters with their staff.

All staff have entered into individual Australian Workplace Agreements. These agreements are subject to periodic review.

Workplace Diversity

In such a small workplace the background, skills, talents and viewpoints which characterise each employee are recognised and highly valued.

The main objective of the office is to provide assurance that the intelligence and security agencies act legally, ethically and with propriety and regard to human rights. As such each member of my staffand I are committed to fostering and demonstrating such values within our own workplace.

Disability Strategy

The Office is committed to its responsibilities under the Disability Discrimination Act 1992.

Given the small size of the Office, OIGIS has adopted DPMC’s current Disability Action Plan. This plan was revised in 2004–05 and is to be implemented in 2005–06. The revised plan will build on and endorse the commitment to the principles of workplace diversity and equality of access.

Occupational Health and Safety

OIGIS is covered by the DPMC Occupational Health and Safety Plan. During the reporting period the office was included in DPMC’s individual workspace and workplace audit. A number of recommendations were made.

All of the workspace recommendations have been implemented and all but one of the recommendations made during the workplace audit have been implemented. This issue is receiving ongoing attention.

There were no incidents reported to Comcare Australia under the reporting requirements of section 68 of the Occupational Health and Safety (Commonwealth Employment) Act 1991.

Through DPMC, members of the office are able to participate in health week, the inﬂuenza vaccination programme and exercise classes.

Management of Human Resources

The small size of the office necessitates that all staffare exposed to a wide variety of work and developmental activities. Staffattend relevant courses and information sessions as necessary.

Purchasing

All procurement and purchasing activities conducted by the office were in accordance with the Commonwealth Procurement Guidelines.

Consultancy Services

During 2004–05, two new consultancy contracts were entered into at a combined cost of $9 038. The contracts were also completed and payment made within this reporting period. Of these consultants, one was engaged to assist with an inquiry and the other to provide scribe services in a recruitment process. The selection method used in both cases was direct sourcing with the consultants selected on the basis of experience, independence and in the former instance, specialist expertise in conducting similar inquiries.

Comparable consultancy expenditure for recent financial years was $24 900 in 2003–04 and $3 300 in 2002–03. In 2004–05 an adjustment totalling $690 was made in respect of consultancy work performed in 2002–03 and 2003–04.

This report does not include a separate consultancy services table as the office did not engage individual consultants to the value of $10 000 or more during 2004–05.

There were no ongoing consultancy contracts which operated from 2003–04 into 2004–05. Nor are there any ongoing consulting contracts at the end of this reporting period.

Contract Services

Nexis Accountants was engaged to provide financial services in 2004–05 at a total value of $20 460. These services included the production of monthly and annual financial statements on actuals and bi-annual financial estimates. In prior years the contracted financial services were reported under consultancy services. However, for the purposes of annual reporting the nature of these services do not meet the definition of consultancy services. In 2003–04 accountancy services were purchased to the value of $25 300 and in 2002–03 $11 000.

Legal advice is obtained from the Australian Government Solicitor (AGS) as required. Under the Legal Services Directions national security related legal work is tied to the AGS. In 2004–05 OIGIS paid for three separate AGS legal advices at a combined cost of $6 689.

Competitive Tendering and Contracting

The office is not involved in competitive tendering and contracting (CTC). CTC activity relates only to the contracting out of the delivery of government activities previously performed by a government agency, to another organisation.

Energy Saving Measures

The office through its collocation with DPMC continues to benefit from the department’s commitment to energy saving measures.

The office uses an 80–20 (80 per cent recycled– 20 per cent new/virgin paper) for photocopying, facsimile report and document printing. The office purchases writing pads made from recycled paper. The toner cartridges from the unclassified facsimile are recycled. Through DPMC the office is able to access unclassified waste paper recycling services.

Social Justice: Access and Equity

As stated earlier, the OIGIS seeks to provide assurance that each of Australia’s intelligence and security agencies act legally, with propriety, and with regard to human rights. Respect for these fundamental principles fosters an awareness and appreciation of social justice issues.

The office website and brochure are the main vehicles for promoting the existence and role of my office. The website is being modernised to allow future in-house maintenance of the site enabling the office to keep the site more up to date and responsive to the needs of the public. In the short term my goal has been to ensure that the website and information brochure are easily accessible and available in plain English. Over the longer term my aim is to have the brochure and the relevant section of the website available in selected other languages.

I have met with some leaders and representatives of the Islamic community to explain the role of my office. In recognition of the need for a greater understanding of the Islamic community, members of my staff have attended introductory courses on Islam.

Internet Presence

The IGIS website, http://www.igis.gov.au provides information about the office, including copies of previous annual reports which include as annexes, publicly released reports on inquiries conducted and occasional statements about current activities.

Numerous inquiries about the work of the office are received via our e-mail facility, info@igis.gov.au.

Occasionally members of the public use this facility to provide ‘tip-off’ information regarding suspicious persons and the like. In such cases we ordinarily pass this information on to the National Security Hotline (NSH).

The NSH is the appropriate body to process and handle such information in the first instance. The NSH can be reached by phoning 1800 123 400. This is a freecall for any person calling from within Australia. E-mail messages to NSH can be sent to, hotline@nationalsecurity.gov.au.

The office also frequently receives concerns about, or requests to investigate, suspect e-mails soliciting personal information or banking details. In most cases we advise that the e-mails in question are obviously part of a hoax or scam and can safely be ignored. In other cases, the offending e-mail will be referred to the AFP’s High Tech Crime Centre.

Media

Intelligence matters continued to be very much to the fore during the period covered by this report. Not surprisingly there was intense media interest in several subjects in which the Inspector-General played a part or otherwise has a direct interest.

In cases where the fact that the IGIS is conducting an inquiry has been made public, the practice has been not to discuss the particulars of that inquiry beyond process issues and the formal requirements of the IGIS Act.

International Liaison

I attended the fourth biennial conference of international intelligence oversight bodies in Washington DC in October 2004. The next such conference is likely to be in South Africa in 2006.

Advertising and Market Research

OIGIS incurred no expenditure on general advertising or advertising campaigns during the reporting period.

Freedom of Information

This office is an exempt agency for the purposes of the Freedom of Information Act 1982.

External Scrutiny

I met with the PJCAAD on 10 May 2005 to provide a general overview of my office’s activities. I appeared before the PJCAAD on 20 May 2005 in relation to the review of ASIO’s questioning and detention powers and on 16 June 2005 in relation to the ISLA Bill.

I appeared before the Senate Finance and Public Administration Legislation Committee on 14 February 2005 and 23 May 2005.

The office has again received an unqualified audit report from the ANAO in relation to its fi nancial statements.

In its Review of administration and expenditure for ASIO, ASIS, DSD, No 3 March 2005, the PJCAAD recommended that consideration be given to the development of an MOU between the Commonwealth Ombudsman and the IGIS governing possible joint reviews of combined ASIO/ police operations. As indicated earlier in this report, the Ombudsman and I have agreed to develop an MOU between our offices.

Summary of the Office's Financial Performance

The office has recorded a small operating profit of $31 517 in 2004–05.

For the first time since 2001–02, the office has a positive equity position ($408 582 in 2004–05). This position was largely achieved through:

an equity injection of $200 000 received in the 2004–05 Budget which has allowed the office to provide for previously unfunded leave liabilities, and
an equity injection of $202 000 received in the 2004–05 Additional Estimates to enhance the computer and communication networks within the office.

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Inspector-General of Intelligence and Security