PERFORMANCE
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the time taken to deal with complaints and conclude inquiries
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acceptance by ministers and agency heads of recommendations arising from inquiries
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positive responses from agencies to issues we raise arising from inspection activities, and
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the level of assurance the Inspector-General can provide that the agencies are conducting their activities legally, with propriety, and with regard to human rights.
Timeliness
Statistics
88. At the start of the reporting period 10 preliminary inquiries remained open. These comprised 9 complaints about ASIO, and one complaint from a member of the public about DSD. All were finalised during the reporting period.
89. In addition, there were 68 approaches from people with new or continuing complaints against a nominated agency. This compares with a figure of 70 such contacts during the 2002‑03 reporting period.
90. These 68 approaches comprised:
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23 new complaints leading to preliminary or full inquiries, nine of which remained open at the end of the reporting period (see Annex 1, Table 1). There were 29 such complaints in the 2002-03 reporting period
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10 approaches seeking a previous complaint be reviewed or a new inquiry be conducted (compared to 9 in 2002-03), and
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35 new complaints where an agency was specifically identified, which were dealt with administratively (see Annex 1, Table 2). There were 32 such complaints in 2002-03.
91. We try to respond to the third category immediately or within a few days at most. One such contact remained to be dealt with as at 30 June 2004, but was finalised early in the next reporting period.
92. In addition, 60 people contacted the office with concerns of a generic or non‑specific nature, also not requiring formal inquiry action (against 78 in 2002-03).
93. We do not have specific target times for completing preliminary or formal inquiries because we often require input from persons or individuals over whom the office does not exercise direct control.
94. In the five years between 1 July 1999 and 30 June 2004, the average time taken on each such inquiry was 106.37 days, while the average time taken in 2002‑2003 was 123.56 days, and in 2003‑2004, 170.12 days.
95. Although there has been an increase in the length of time taken to resolve complaints in the last two reporting periods, this largely reflects that a number of long running inquiries were finally concluded. Given the relatively small number of complaints handled by this office (compared to bodies such as the Commonwealth Ombudsman), the completion of any long running case will inevitably, disproportionately skew measures such as this.
96. Resolution of inquiries can be and frequently is influenced by factors such as:
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the complexity and range of issues raised
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the immediacy of the matters to be inquired into
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the accessibility of necessary information
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locating persons with knowledge of the matters being inquired into, and
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the need to observe the formal processes set out in the IGIS Act.
97. The office's capacity to reduce the time it takes to conclude its investigations will continue, as always, 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
98. It is very rare for an agency to reject recommendations of the Inspector-General.
99. All recommendations made by the Inspector-General in this reporting year were accepted.
Responsiveness to issues raised in inspections
100. During and following inspection visits to each of the collection agencies, both Mr Blick and I made suggestions on how procedures could be streamlined or improved. These suggestions were generally accepted and acted upon. In the very few cases where they were not, I accepted that there were good reasons for not doing so.
101. The intelligence and security agencies continued to seek the views of the Inspector-General on draft policies and procedures where issues of propriety and/or legality arose, or were likely to arise. The willingness of the agencies to seek and accept input from this office demonstrates a genuine commitment on their part to conduct their activities legally and with propriety.
Level of assurance
Number of complaints
102. As commented on in recent annual reports, the number of new complaints to the office increased noticeably in the period following the September 2001 terrorist attacks on the United States. These figures have stabilised in the 2003-04 reporting period, close to the post 9/11 high-water mark. Several external factors have played a part in this.
103. Terrorist attacks such as have occurred in the United States, Bali, Jakarta and Madrid, require greatly increased investigative effort by the intelligence agencies, with consequential impacts on the wider community.
104. The government has provided a significant boost in resources to the intelligence collection agencies in recent years, much of which is being devoted to recruiting and training additional staff. It follows that if the collection agencies have more staff, and the operational tempo of the agencies has also shifted upwards, that the agencies are more likely to interact with members of the public than they have previously.
105. Another factor leading individuals to our office is the extra prominence given to intelligence matters by the news media. References to the IGIS in the media have increased.
Summary
106. During the reporting period Mr Blick and I found several instances where the agencies acted beyond their authority. These are described in the chapters of this report that deal with each agency individually.
107. However, we came 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. Nor is there evidence of enduring systemic deficiencies that would lead to breaches of propriety, the law, or human rights.
108. The intelligence and security agencies continue to be:
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focussed on achieving the objectives set for them by the Parliament and government
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responsive to ministerial direction
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aware of the limits of their authority, and
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concerned to conduct their business in a professional manner.