AFP grilled over corruption claims, immigration detainee handling as Commissioner swaps hearing for China

The AFP has been lashed over claims of exposed undercover officers and ignored corruption complaints, with the force’s top cop missing the fiery hearing entirely.

The Australian Federal Police have been accused of abrogating their responsibility to a group of at-risk undercover operatives and ignoring serious corruption allegations reported to the highest levels of the police executive, during a tense spill-over sitting of Senate Estimates.

Questions were also asked about why AFP Commissioner Reece Kershaw was missing in action from the specially-convened hearing on Tuesday night, and why Mr Kershaw informed the media he would instead be in China “re-signing” agreements - before he had even told Parliament of his intended absence.

Australian Federal Police Commissioner Reece Kershaw was not at Tuesday night’s hearing, and instead was in China. Picture: NCA NewsWire / Martin Ollman

The acting Commissioner of the Australian Federal Police, Deputy Commissioner Ian McCartney, came under the spotlight about the undercover agents and denied he had ignored serious corruption allegations reported to him, despite an email trail purporting to show he fobbed them off by telling them to fill in an online complaint form.

Mr McCartney, admitted to a Senate Estimates hearing he was obliged to report any corruption allegations to the AFP’s professional standards team and to the then anti-corruption watchdog ACLEI.

But he denied failing in his responsibility to report the matters raised by the undercover agents who claimed their lives were under threat.

“I would have to go back and review the correspondence, the letter goes to a process issue” he told Greens Justice Spokesman Senator David Shoebridge.

Mr McCartney said the corruption allegations made were being “treated seriously” and had been referred to PRS and ACLEI.

But Senator Shoebridge said they were taken “so seriously you told them to, fill in an online complaint form and not, as you just told this committee was your obligation, refer it off to ACLEI or Professional standards. That is how seriously you took it isn’t it?”

Mr McCartney also came under intense questioning from Independent Senator David Van about how the AFP had treated the same undercover cops who are in hiding fearing for their lives claiming blunders by the AFP have made them sitting targets for some of the world’s most dangerous organised crime groups.

AFP Acting Commissioner Ian McCartney copped a barrage of fiery questioning at the Senate estimates hearing. Picture: Supplied

The group, who were deep undercover for years until their identities were compromised, had to exit their fake lives in a hurry but say the AFP had no contingency plans to keep them safe after their sudden disappearance.

They wanted to be relocated overseas with their families, but first they wanted heightened security measures including safe rooms installed in their homes until that happened.

Senator Van tabled a letter from the AFP Association which he said set out some damning claims about the AFP treatment of the undercover operatives including that the AFP had inappropriately downgraded an assessment of the threat risk against the agents.

Senator Van quoting from the letter asked why after a meeting with the agents and the AFP Association another risk assessment was ordered to be done, but this time with a much reduced risk scope - removing any criminal organisations as a possible threat.

Mr McCartney said he would take questions on notice.

“I don’t have that level of detail here,” he said.

Senator Van said a letter sent last week to the AFP said it was deeply concerning that the AFP had seemingly “abrogated their responsibility.”

Mr McCartney denied they had abrogated their responsibility.

The letter also said “our members have feared for their safety and well being of themselves and their families for nearly four years. It has taken a significant toll on their mental and physical health.”

Senator Van asked Mr McCartney if he could sit there and honestly say there was no threat to the agents’ lives.

“I can…all I can say is there is no direct threat, Mr McCartney said.

The AFP further came under fire for its handling of information into immigration detainees, with one Senator criticising what he called an “extraordinary” decision to hide details about the criminal histories of detainees who allegedly breached their visa conditions.

Liberal Senator James Paterson pressed Mr McCartney and Assistant Commissioner Kirsty Schofield for information on how many of the 152 former immigration detainees released by the High Court had been charged with breaching visa conditions, either by failing to report or breaking curfew restrictions.

Ms Schofield informed Senator Paterson that 10 detainees had been charged with breaches, but when the Senator pressed for detail on whether any of the detainees convicted of murder had also been charged with breaches, he was denied detail.

Liberal Senator James Paterson blasted the decision of the AFP to guard details of the criminal histories of detainees who allegedly breached their visa conditions. Picture: Supplied

“I’m not going to go into the criminal history of the people who have been charged,” Ms Schofield said.

“Why not?” the Senator replied.

“It’s a privacy issue, it’s not appropriate,” Ms Schofield responded.

Senator Paterson said he was not asking for the names or any identifying features, only whether any convicted murderers had also committed Commonwealth offences by breaching visa conditions.

“Do you think the Australian people have a right to know whether any of the murderers out in the community have also breached their visa conditions?” he asked.

Mr McCartney replied: “As a matter of protocol and process, we don’t reveal the criminal histories of the people we may have charged.”

The Senator said that was “extraordinary”.

“I think the community does have a right to know,” the Senator said.

“The ones who breached their visa conditions are now walking free … and we don’t know if any of those are former murderers, or charged with murder.”

Mr McCartney replied: “I can understand your concern and your frustration.”

Following the High Court’s November 2023 decision striking down indefinite detention, 152 former immigration detainees were released into the broader community, including seven detainees convicted of murder or attempted murder and 36 convicted of sexual crimes, including child sex abuse offences.

The Senator asked how many sex offenders had been charged with breaching visa conditions, but he was not provided with any detail.

The AFP revealed that of the 10 detainees who had allegedly breached their visas, four were from Victoria, three from WA, two from NSW and one from Queensland.

At least three offenders also breached their conditions on multiple occasions, with one allegedly guilty of 10 curfew breaches.

Some in the community have expressed alarm and anger at the sudden release of detainees with criminal convictions who may pose a risk to public safety.

Senator Paterson pressed the AFP on how many detainees had been released without electronic monitoring, but Assistant Commissioner Schofield said the responsibility to monitor fell within the purview of the Australian Border Force.

Home Affairs Minister Clare O’Neil said the government was not above High Court powers. Picture: NCA NewsWire / Martin Ollman

On Wednesday, after reports emerged that one former detainee convicted of raping a 19-year-old in 2011 had been released without ankle bracelet monitoring and curfew conditions, Home Affairs Minister Clare O’Neil defended the government’s response to the detainee saga amid concerns for public safety.

According to The Australian an individual known as XTVC released under the High Court ruling in November was freed after launching a successful legal bid to have his strict visa conditions lifted earlier this year.

Ms O’Neil stressed that the government had agreed to the individual’s release because it was the most legally viable option.

“I can’t comment on that specific case. The Community Protection Board provides expert advice to the government on these matters and the government takes their advice,” she told Nine’s Today.

“I am an Australian woman and there is no way that anyone is apologising for the behaviour of this individual. I can tell you from the bottom of my heart that if I could do anything to put that person in detention I would do it.”

Liberal Senator Jane Hume accused the government of evading blame, reigniting calls for Immigration Minister Andrew Giles to resign.

“This is a crisis that seems to lurch from disaster to disaster every single week,” she said.

“This seems to be blaming anybody else other than yourself for your problems. Quite frankly Minister Giles needs to resign and Anthony Albanese needs to stop the

protection racquet for this incompetent minister.”