National anti-corruption commission ‘may weaken Australian Federal Police’

The union representing the Australian Federal Police has warned the national anti-corruption commission could take away critical staff.

Alex Caruana says ‘the investigative and operational employment pool the NACC will have to draw from will be very limited in Australia’. Picture: Gary Ramage

The union representing the Australian Federal Police has warned the national anti-corruption commission may impact its opera­tional capabilities and take away critical technical experience if too many staff are seconded to the new body.

The Australian Federal Police Association said the NACC was “far better” than the previous model proposed by the Morrison government, but the union’s president, Alex Caruana, said he was concerned the initial funding commitment of $262m over four years might not be enough.

The NACC will need highly skilled police officers, including those who can plant listening ­devices under a warrant in somebody’s house, as well as surveillance and undercover operatives.

These officers work across the AFP in areas such as counter-­terrorism, cyber security, drug ­importations, people-smuggling and political interference.

“One of our concerns is that AFP appointees may initially be seconded to the NACC, leaving operational capabilities and technical experience short in the AFP,” Mr Caruana told The Australian.

“The investigative and operational employment pool the NACC will have to draw from will be very limited in Australia.

“Understandably, AFP app­oint­ments may be seconded to the NACC in its early days, and there needs to be a balance that works for both organisations that doesn’t impact operational capabilities and outcomes of either agency.”

Opposition legal affairs spokesman Julian Leeser said he too was concerned about the NACC’s ­impact on the AFP given the “much more complex counter-terrorism environment” under which it was operating.

“The AFP has a very important role in keeping our streets safe from terrorism, from a range of commonwealth crimes including drug importation,” Mr Leeser said.

“Australians are more at risk of a lone-actor style event. The idea we would be denuding the AFP of fundamental resources at this time is a real concern.”

A spokeswoman for Attorney-General Mark Dreyfus said any secondments would be a matter for the NACC and other agencies to negotiate.

While the AFPA backed the NACC’s default setting of private hearings except in “exceptional circumstances” and where it’s in the public interest, Mr Caruana said it would be an “interesting test” to establish in the early days of the commission.

He cautioned against “political interference” in the NACC and called on the appointment of the commissioner to be transparent and “not simply another high-powered job for a former MP or someone closely aligned to a political party”.

Under Labor’s proposal, Mr Dreyfus would recommend a person for the commissioner’s role to a statutory oversight committee, which must approve the appointment before it can be made.

The AFPA backed the commission being given retrospective ­investigative powers but said if a matter had already been investigated it should remain closed unless compelling evidence emerged.

The union also wants fixed funding for the NACC so a change in government would not hamper its resources.

“The initial funding from the government is a good start. Is it enough funding? I’m not sure,” Mr Caruana said. “A lot will depend on its workload and the expertise required to conduct these investigations. These types of investigations can be long, expensive and resource-intensive.”