Index
Index
A
abbreviations, 162
Aboriginal and Torres Strait Islander people employed, 155 accountability see governance, audit and accountability Administrative Support and Governance Branch, 98–9 administrative tribunal decisions, 106
advertising and market research, 136 Aegon Insights Australia Pty Ltd, 13 ‘agency‑to‑agency’ assistance, 40 aim (CDPP), iii
Alameddine, Talal, 53
Alou, Raban, 53
annual performance statement see performance annual report 2018–19 corrections, 158
appeals, v, 76, 83–7
asset management, 104
Atai, Milad, 53
Attorney‑General’s Department, 32, 39, 40, 45, 50, 61 Attorney‑General’s directions to Director, 6
Audit Committee, 72, 74, 92–3, 95, 96
Auditor‑General, access clauses in contracts, 105 audits
ANAO performance audits, 2, 63, 73, 106
financial statements, 106, 109–110
internal audits and reviews, 11, 12, 63, 96, 98, 99 Australian Advocacy Institute, 62
Australian Border Force, 33, 48
Australian Centre to Counter Child Exploitation, 33, 34 Australian Commission for Law Enforcement Integrity, 38 Australian Competition and Consumer Commission, 27, 29 Australian Cybercrime Online Reporting Network, 59 Australian Federal Police, 33, 35, 41
corruption offences and superannuation orders, 41 electronic briefs submission, 8–9
Australian Federal Police Act 1979, 41 Australian Information Commissioner, 106 Australian Law Reform Commission, 28
Australian National Audit Office, 92 access clauses in contracts, 105
financial statements audit report, 106, 109–110
performance audits, 2, 63, 73, 106 Australian Public Service Commission, 95
Australian Securities and Investments Commission, 13, 27 Australian Taxation Office, 28, 57, 58, 59
B
bail applications during COVID‑19 pandemic, 86–7
benefits fraud see Revenue and Benefits Fraud practice group biosecurity, 47
Biosecurity Act 2015 (Cth), 32 Black Economy Taskforce, 58 bribery, foreign, 27
briefs
assessment outcomes, 78
defined, 163
electronic, 8–9, 57, 98
pre‑brief advice, 8, 16, 28, 32, 38, 48, 51
see also prosecutions Bruckard, Scott, 19
business continuity, 1, see also COVID‑19 pandemic
business improvement see National Business Improvement branch business plans see plans and planning
C
Cachia, Paul Samuel, 86 Capability Review Committee, 57
carriage service use, offences relating to, 45 cartel conduct, 29
Carter, James, 20
case management, 24, 63, 72, 98
audit of, 63, 73, 106
caseHQ system, 9, 72, 98, 99
see also prosecutions
Case Recording Information Management System (CRIMS), 72, 98, 99
case studies
cartel conduct, 29
Centrelink employee fraudulent claims, 60 CommInsure hawking offences, 13 identity theft and income tax fraud, 59 illegal importations of pig semen, 47
NSW Police drug referrals, 48 paedophile jailed, 34
pandemic response, 101
sentencing for the terrorist killing of Curtis Cheng, 53 sex slavery, 35
solar‑powered hot water system fraud, 42 terror attack on Shia mosque, 54
wildlife trafficking, 43
caseHQ system, 9, 72, 98, 99
Centrelink see Services Australia (Centrelink) Chaarani, Abdullah, 54
Cheng, Curtis, 53
Chief Corporate Officer, 21, 24, 98
child exploitation matters, 30–4, 38
Royal Commission, 32, 64
victim support see Witness Assistance Service
see also Human Exploitation and Border Protection practice group Civil Aviation Safety Authority, 38
Clean Energy Regulator, 42
Code of Practice for Deferred Prosecution Agreements, 28 Colonial Mutual Life Assurance Society Ltd (CommInsure), 13
Combatting Child Sexual Exploitation Legislation Amendment Act 2019, 32 Comcare, 39
Commercial, Financial and Corruption practice group, 21, 25, 26–9
committees, 92–5
Audit Committee, 72, 74, 92–3, 95, 96 common law contracts, 158–9 Commonwealth Bank of Australia, 13
Commonwealth Director of Public Prosecutions about the CDPP, ii–iii
aim, iii
directions to Director, 6 Director (profile), 18
Director’s foreword, 1–3
Director’s role and powers, 17, 87–8
establishment of, 6
overview, 6–12
purpose statement, iii, 70
role and functions of the entity, 6–12 statutory appointment, 3
statutory functions and powers, 87–8 Commonwealth Procurement Rules, 104–105
Commonwealth Solicitor for Public Prosecutions, 6, 17, 19, 63, 94 communication and media, 100
community education and engagement, 12 Competition and Consumer Act 2010 (Cth), 29 complaints handling, 63–4
confiscation of criminal assets, 41
conflicts of interest disclosure and management, 96 conspiracy proceedings, Director’s consent to, 88 consultancy services, 105
Continuing Legal Education Committee, 62 contracts, 105
conviction, defined, 74, 163, see also prosecutions coronavirus see COVID‑19 pandemic
corporate crime see Commercial, Financial and Corruption practice group corporate governance, 90–1
corporate plan performance criteria, 71 corrections to annual report 2018–19, 158 corruption offences and superannuation orders, 41 counsel, external, 61, 63
counter terrorism work, 50–4, 85, see also Organised Crime and Counter Terrorism practice group
court proceedings, 9 COVID‑19 pandemic
and bail applications, 86–7 impact of, vii, 6, 27, 37, 46, 50, 101
response to, 1, 3, 6, 32, 39, 56, 57, 62, 63, 94, 95, 98, 99, 100–101
Crimes Act 1914, 48
private prosecutions, 87
sentencing, defined, 163
Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019, 28
Crimes Legislation Amendment (Economic Disruption) Bill 2020, 51
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020, 32
Crimes (Superannuation Benefits) Act 1989, 41 criminal assets confiscation, 41
Criminal Code 2010 (Cth), 32, 45, 57
terrorist acts contrary to, 53–4, 85
cross‑border access to electronic information and communications data, 39 the Crown, defined, 163
cyber security, 99
D
data breaches, 96
data migration, 72, 98, 99
data reporting and analytics, 9, 98
de Crespigny, Mark, 20, 32
defence appeals, 76
defended matters, 2, 74
Deferred Prosecution Agreements scheme, 28 Department of Education, Skills and Employment, 38, 58 Department of Foreign Affairs and Trade, 39, 46 Department of Health, 39, 57
Department of Home Affairs, 32, 39, 45, 51, 61, 67 Department of Human Services see Services Australia Deputy Directors, 19–21, 24
digital tools and resources, 6, 28, 37
caseHQ, 9, 72, 98, 99
compliance processes, 72
CRIMS, 72, 98, 99
data migration, 72, 98, 99
Digital Referrals Gateway, 9, 57, 98
e‑briefs, 8–9, 57, 98
e‑trials, 9, 98
Partner Agency Portal, 45, 48, 61
digital transformation, 9, 72, 98, 101
Dirani, Mustafa, 53 directions to Director, 6
Director of Public Prosecutions Act 1983, 3, 6, 17, 87, 88, 90
Director of Public Prosecutions (Cth) v Fariq Aldakhir Bin Aqbal Omar [2019], 84 Director of Public Prosecutions (Cth) v Paul Samuel Cachia, 86
disability strategy, 161
disclosure offences, 6
discontinuances, 73, 81, 87–8
diversity in the workplace, 155, 160–1 document management see caseHQ system drug offences, 48, 50, 51, 84
E
e‑briefs (electronic briefs of evidence), 8–9, 57, 98
e‑trials (electronic trials), 9, 98 ecologically sustainable development, 146
electronic resources see digital tools and resources Enabling Services Group, 16, 21, 24, 25, 98–101
enterprise agreement, 94, 100, 158, 160 entity resource statement, 147
Environment Protection and Biodiversity Conservation Act 1999, 43 environmental performance, 146
ethical standards, 95–6
ex-officio indictments, 88
Executive Leadership Group, 6, 18, 74, 88, 92, 94–5, 96, 98
exempt contracts, 105
expenses and resources for outcome, 147
exportation and importation matters see Illegal Imports and Exports practice group external counsel, 61, 63
external scrutiny, 106
extradition, 39, 40–1
F
Family Day Care Payment Integrity Interdepartmental Committee, 38, 58 family day care sector fraud, 38, 58
Family Law Act 1975 section 121 offences, 88 Federal Court jurisdiction, 28
Federal Prosecutors, 62, 164
salary scales, 154
workforce statistics, 148–53
federal/state differences in offences and prosecutions, 48 feedback and complaints, 63–4
Financial Services branch, 99–100 finances
entity resource statement, 147
expenses and resources for outcome, 147 finance law compliance, 104
financial management, 92, 99–100
financial performance, 104
financial statements, 104, 106, 108–133
financial crime see Commercial, Financial and Corruption practice group; Revenue and Benefits Fraud practice group
firearms trafficking, 45
flexible work arrangements, 1, 3, 6, 99, 100, 101, 159
forced labour/forced marriage see Human Exploitation and Border Protection practice group
foreign bribery, 27
foreign fighters, 50
fraud see Commercial, Financial and Corruption practice group; Revenue and Benefits Fraud practice group
fraud management and control within CDPP, i, 95
Freedom of Information Act 1982
CDPP work, 37, 41
exempt matters, 105
Information Publication Scheme, 136 requests received, 41
G
gender balance briefing policy, 63
CDPP staff, 2, 148–51, 161
Global Counter Terrorism Forum, 51 glossary, 163–4
governance, audit and accountability, 90–6, 98
GST fraud, 57
guilt rate, 2, 71, 73–4 guilty pleas, defined, 163
H
‘hawking’ offences, 13
home‑based work, 1, 27, 94, 99, 100, 101, 159
Human Exploitation and Border Protection practice group, 20, 25, 30–5 human resources management see staff
human trafficking, 30–6, 52, 67, see also Human Exploitation and Border Protection practice group
I
identity theft, 59
Illegal Imports and Exports practice group, 20, 25, 44–8 illicit drugs see drug offences
Illicit Tobacco Taskforce, 46, 58
import offences see Illegal Imports and Exports practice group incident reporting, 160
indemnities, 88
Independent National Security Legislation Monitor, 51
indictments
ex-officio indictments, 88
prosecutions on indictment, 75, 76, 77
Indigenous employment, 155
Indonesia, vii, 52, 67
information and communications data, cross‑border access to, 39 Information and Communications Technology branch, 99 Information Publication Scheme, 136
information resources
library and research services, 99 for victims and witnesses, 67
information technology, 99, see also digital tools and resources insurance products marketing, 13
Integrity Agencies Group, 38
internal audits and reviews, 11, 12, 63, 96, 98, 99
internal governance, 90, 98
International Assistance and Specialist Agencies practice group, 20, 25, 36–43, 58
international engagement, vi–vii, 39, 46, 52 Islamic State supporters, 53–4
J
Jervis Bay Territory, 37
Joint Anti Child Exploitation Team, 33 Joint Counter Terrorism Teams, 51, 53 journalists, disclosure offences, 6
jury trials
e‑trials, 9
suspension and recommencement, 1, 6, 37
K
Kanbut, Rungnapha, 35
Kawasaki Kisen Kaisha Ltd (K‑Line), 29 Kennedy, Martin, 43, 85
key management personnel, 132, 156, see also senior executives Korea, vii
KPMG, 63
Kunsevitsky, Boris, 34
L
Laue, Henning, 47
Law Council of Australia, National Model Gender Equitable Briefing Policy, 63 law reform, 28, 32, 39, 45, 51, 58, 61
learning and development, 2, 61–2, 66, 98, 99, 159
Legal Business Improvement branch, 17, 24, 25, 61–4, see also National Business Improvement branch
legal practice see practice groups; prosecutions legal services expenditure, 106
legislation under which charges were dealt with, 78–80
legislative framework (CDPP), 17, 90, see also names of specific Acts
Lelikan, Renas, 85 letter of transmittal, i
library, research and information services, 99
M
market research, 136
McCarthy, Ryan, 59
McNaughton, Sarah, 18, see also Commonwealth Director of Public Prosecutions media relations, 100
Medicare fraud, 56–7, see also Revenue and Benefits Fraud practice group ministerial and parliamentary liaison, 100
Mohamed, Ahmed, 54
Mohammad, Farhad, 53
mosque destruction, 54
motor vehicle shipping industry, 29 Moukhaiber, Hatim, 54
Muldoon, Brett Stephen, 42
Multicultural Access and Equity Action Plan, 160, 161 multilateral conventions, 40
mutual assistance in criminal matters and extradition, 39–40
N
National Action Plan to Combat Human Trafficking and Slavery, 33
National Business Improvement branch, 24, 63, 98, see also Legal Business Improvement branch
National Consultative Committee, 94
National Disability Insurance Scheme fraud, 56, 57 National Disability Strategy, 161
National Health and Safety Representative Committee, 94 National Illicit Tobacco Management Group, 46
National Illicit Tobacco Senior Management Group, 46 National Model Gender Equitable Briefing Policy, 63
National Offshore Petroleum Safety and Environmental Management Authority, 39 national practice group model, 16, 24–5, see also practice groups
National Roundtable on Human Trafficking and Slavery, 33 National Victims of Crime Liaison Group, 67
New Zealand, extradition arrangements with, 40–1 Nippon Yusen Kabushiki Kaisha, 29
‘no bill’ applications, 164 non‑salary benefits, 158
prosecution service, 37–8 victims of crime support, 67
NSW Police, 45, 48
O
Oberoi, Sabeena, 21 offices of CDPP
COVID‑19 requirements compliance, 1 locations, vi
O’Grady, Rebecca, 60
Omar, Fariq Aldakhir Bin Aqbal (drug offences), 85 Omar, Mr (NDIS fraud), 57
online resources see digital tools and resources operating results, 104
Operation Elbrus, 28
Operation Peqin‑Fellows, 53
organisational structure, 16
governance structure, 91
see also practice groups
Organised Crime and Counter Terrorism practice group, 19, 49–54 outcome, iii
expenses and resources for outcome, 147 overview, 6–12
P
pandemics see COVID‑19 pandemic parliamentary committees, 32
parliamentary liaison, 100
partner agencies, 45, 51, 91
referrals, iv, 26, 30, 36, 44, 48, 49, 55, 81–2
satisfaction survey methodology, 144–5 satisfaction survey results, 2, 71, 73 services for see prosecution services
training/conferences with, 38, 39, 51, 52, 57
see also stakeholder engagement Partner Agency Portal, 45, 48, 61
Pavleka, Andrea, 18, see also Commonwealth Solicitor for Public Prosecutions People and Communication branch, 100
people smuggling see human trafficking
performance
accountable authority statement, 70 analysis against purpose, 71–4 audits, 2, 63, 73, 106
brief assessments outcomes, 78
criteria and results summary, 2, 71, 72–4
Director’s foreword, 1–3
environmental, 146
financial, 104
key measures, 2
legislation under which matters dealt with, 78–80 prosecution appeals, 76, 83–7
prosecution performance indicators, 2, 77
prosecution statistics, 75–6 referring agencies statistics, 81–2
statutory functions and powers, 87–8
see also environmental performance; finances performance pay, 159
Pharmaceutical Benefits Scheme fraud, 56–7 Philippine delegation, 52
pig semen importation, 47 plans and planning
corporate plan performance criteria, 71 multicultural access and equity, 160, 161
reconciliation action, 161
workforce, 100
policies and guidelines (CDPP), 61, 63
legislative framework, 17, 90
see also Prosecution Policy of the Commonwealth; Victims of Crime Policy
pork industry protection, 47 Portfolio Budget Statements, 71, 104 portfolio membership, ii, 6
practice groups, 16, 25
Commercial, Financial and Corruption, 21, 25, 26–9
Human Exploitation and Border Protection, 20, 25, 30–5
Illegal Imports and Exports, 20, 25, 44–8
International Assistance and Specialist Agencies, 20, 25, 36–43, 58
leaders (Deputy Directors), 19–21, 24
Organised Crime and Counter Terrorism, 19, 49–54 Revenue and Benefits Fraud practice group, 20, 25, 55–60
structure, 16, 24–5
support for see Enabling Services Group; Legal Business Improvement branch.
pre‑brief advice, 8, 16, 28, 32, 38, 48, 51
privacy, 96
private prosecutions, 81, 87 proceeds of crime, 43
Proceeds of Crime Act 2002, 41
procurement, 104–105
professional development see learning and development Project Board, 94
prosecution appeals, 76, 83–7
examples, 84–7
prosecution counsel, defined, 164, see also Federal Prosecutors Prosecution Policy Declarations, 11, 72
Prosecution Policy of the Commonwealth, 2, 17, 24, 28, 65, 90
appeals, 83–7
brief assessments outcomes, 78
prosecution test compliance, 2, 10–11, 72, 74
prosecution services, 8–9, 32, 37–8, 51, 57–8, see also performance
prosecutions, 8–9
analysis of performance, 71–4 appeals see prosecution appeals case studies see case studies discontinued, 73, 81, 87–8
legislation under which charges were dealt with, 78–80 performance indicators and results, 2, 71, 72–4, 77
private, 81, 87
referring agencies, 81–2
resulting in a finding of guilt, 2, 71, 73–4
statistics, v, 75–6
trends, 27–8, 31–2, 37, 45, 50–1, 56–7
prosecutors see Federal Prosecutors
Public Governance, Performance and Accountability Act 2013, i, 17, 90, 94, 96
Public Governance, Performance and Accountability (Financial Reporting) Rule 2015, 104 Public Governance, Performance and Accountability Rule 2014, i, 90, 94, 95
public interest disclosure, 95
public interest factors in prosecution test, 10–11
Public Service Act 1999, 3, 17, 90
section 24(1) determinations, 158, 159
purchasing, 104–105 purpose statement, iii, 70
Q
Queensland Police, 33, 59
R
R v Kennedy [2019], 85
R v Lelikan [2019], 85 Reconciliation Action Plan, 161
Red Cross Support for Trafficked People Program, 67 referring agencies, 81–2, see also partner agencies Remote Communities Direction, 32
remuneration and benefits, 154–9
key management personnel, 132, 157 resources for outcome, 147
Revenue and Benefits Fraud practice group, 20, 25, 55–60
risk management, 63, 92, 94–5 role and functions
CDPP, 6–12
CSPP, 17
Director, 17
Royal Commission into Institutional Responses to Child Sexual Abuse, 32, 64
Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, 13, 27
S
satisfaction surveys (partner agencies) methodology, 144–5
results, 2, 71, 73
see also feedback and complaints security of systems (CDPP), 99
Senate Legal and Constitutional Affairs Committee, 32 senior executives, 18–21
gender balance, 161
key management personnel, 132, 156 remuneration and benefits, 154–9
SES employment arrangements, 158–9 SES statistics, 148–53
sentencing, defined, 164
Serious Financial Crime Taskforce, 28 Services Australia (Centrelink), 56–7, 58, 60
sexual offences involving children, 31–4, 38
Royal Commission into, 32, 64
victim support see Witness Assistance Service
see also Human Exploitation and Border Protection practice group shipping company cartel conduct, 29
slavery, 35, see also Human Exploitation and Border Protection practice group small business participation in procurement, 105
social security offences, 56–60, see also Revenue and Benefits Fraud practice group
staff
diversity and inclusion, 155, 160–1
employment arrangements, 3, 158
ethical standards, 95–6
gender balance, 2, 148–51, 161
health and wellbeing, 94, 159–60 human resources management, 100
learning and development, 2, 61–2, 66, 98, 99 remuneration and benefits, 154–9
statistics, 2, 148–53, 155
working remotely, 1, 27, 94, 99, 100, 101, 159
staff consultation, 94, 100, 101
stakeholder engagement, 6, 28, 33, 45–6, 52, 58, 100, see also international engagement stakeholders, 91, see also partner agencies
state and territory prosecution services, 9
state/federal differences in offences and prosecutions, 48
statutory functions and powers of Director, performance outcomes, 87–8 summary prosecutions, 75, 77, 83
superannuation forfeiture, 41 surveys see satisfaction surveys
T
taking matters over, 87 Taskforce Integrity, 58
tax fraud, 28, 57, 59
complex and large‑scale see Commercial, Financial and Corruption practice group general see Revenue and Benefits Fraud practice group
Taxation Administration Act 1953, 57
Tchakerian, Berdj, 21, 29
Teece, Rebecca, 60
telemarketing, 13
terrorism matters, 50–4, 85, see also Organised Crime and Counter Terrorism practice group
tobacco importation, 46 training
CDPP staff, 61–2, 66–7, 98, 99, 159
external stakeholders, 66–7
international agencies, 67
transnational crime see Organised Crime and Counter Terrorism practice group treaties, 40
U
United Nations Office of Drugs and Crime, 46
United Nations sanctions laws, contraventions of, 50
United States Department of Justice, 52
V
victims and witnesses, 11–12, 30–5, 65–7
defined, 164
web‑based support service for, 34, 67
witness indemnities, 88
see also Witness Assistance Service
Victims of Crime Policy, 11–12, 65
Victorian Royal Commission into the Management of Police Informants, 2 video conferencing, 1, 37, 39
Vietnam, vii, 52, 67
visiting delegations, vii, 52, 67, see also international engagement
W
welfare fraud see Revenue and Benefits Fraud practice group
white collar crime prosecutions see Commercial, Financial and Corruption practice group wildlife smuggling, 43, 85
Witness Assistance Service, 11–12, 30, 34, 35, 65–7
witness indemnities, 88
witnesses’ web‑based information resources, 67
women, status of, 161, see also gender balance (CDPP staff) work health and safety practice, 39
work health and safety within CDPP, 94, 160 workers’ compensation, 160
workforce see staff
Workplace Wellbeing Program, 94, 159–60
Visit
https://www.transparency.gov.au/annual-reports/office-director-public-prosecutions/reporting-year/2019-20-104