AFP (0 poxto carter ty ACT 801 Teepe oe) 631 aioe ard (Our ref: CRM 2017/5517 31 July 2017 Mr Paul Farrell By email: paulfrancisfarreli@gmailcom Dear Mr Farrell, Freedom of Information request re: POCL Review I refer to your three applications dated 4 May 2017 under the Freedom of Information Act 1982 (the Act) seeking the folloning: “1. Emails to and from AFP Commissioner Andrew Colvin thet relates to Edwards Cultural Review into POCL, 2. All PRS final adjudication reports into POCL team members and ‘managers since January 2015. 3. Edwards Review and responses from Managers and Commanders.” ‘Attached at Annexure A to this letter is my decision and statement of reasons for that decision, A "Schedule of Dacuments” Identified as falling Ito the scope of your request is at Annexure B. Information Publication Scheme (IPS) {As notified to you on 4 May 2017 it has been decided to publish the documents in part in respect of your request. Publication of the documents ard any. relevant documents will be made on the AFP website at ze | in accordance with tmeframes stipulated In section 11C of the Act. ‘Thin McBride ‘Acting Coordinator Freedom of Information Australian Federal PoliceSTATEMENT OF REASONS RELATING TO AN FOI REQUEST BY PAUL FARRELL, 1, Tom MeBride, Acting Coordinator, Freedom of Information, am an officer authorised under section 23 of the Act to make decisions in relation to the ‘Australian Federal Police. What follows is my decision and reasons for the decision In relation to your application, BACKGROUND (On 4 May 2047, this office received your application In which you requested: ‘1, Emails to and from AFP Commissioner Andrew Colvin that relates to Eciwards Cultural Review into POCL. 2. Al PRS final adjudication reports into POCL team members and ‘managers since January 2015. Edwards Review and responses from Managers and Commanders.” (n 10 May 2017, you were advised that the three emails would be combined as a single request pursuant to section 24(2) of the Act and the reference number ‘would be CRM 2017/517. ‘on 29 May 2017, you were notified of the charges estimate which were waived ‘on 30 May 2017 following receipt of your revised scope as follows: “Just include the review itself excluding attachments. (on 24 July 2037, an extension of time was sought from the Office of the [Australian Information Commissioner (OAIC) for an additional 30 éays, however, atthe time of making this decision a determination has vot been made by the OAIC. ‘SEARCHES In relation to this request, a search was undertaken ofall records held by AFP case officers with responsibilty for matters relating to the documents to which you sought access. DECISION have identified 20 folios relevant to your request. A schedule of each folio. ‘and details of my decision in relation to each folios is at Annexure B. have decided that some of the folios itemised at Annexure B are released to ‘you in their entirety. Some of the folios are with deletions pursuant to Subsection/s 22(1)(a)(l}, 47C, 476(c), 47E(A) and 47F of the Act. IMy reasons for this decision are set out below.REASONS FOR DECISION Folios to which subsection 22(1)(a)(ii) apply: Subsection 22(1)(a)(i) of the Act provides that: "() Where: (2) anagency or Minister decides: (Gi) that to grant a request for access to a document ‘would disclose information that would reasonably be regarded as irelevant to that request;” “The documents or parts of documents Identined in the Schedule as exempt under this section of the Act contain information which is considered irrelevant to the request. I have determined that information contained in some of the folios should be deemed to be exempt because it does not come within the scope ‘of your application and thus falls outside the ambit of your request. By way of further explanation, these exempt follos cover information which refers to other issues which are not mentioned in your FOI application. 1 find that release of the documents or parts of the documents would be an Unreasonable disclosure under subsection 22(1)(a)(I) of the Act. Folios to which section 47C apply: ‘Section 47C of the Act provides that: (1) A document is conditionally exempt ifits disclosure under this Act ‘ould disclose matter (deliberative matter) in the nature of, or ‘elating to, opinion, advice or recommendation obtainea, prepared or recorded, or consultation or deliberation that has taken place, in the ‘course of, or for the purposes of, the deliberative processes involved In the functions of an agency or Minister or of the Government of the Commonwealth.” “The documents or parts of documents identified in the Schedule as axempt under this section ofthe Act contain information, the release of which, is exempt on the frounds that Ie is an Internal working document of the AFP. Provision ofthese Folios would disclose matter In the nature of consultation and delibe-ation that has taken place for the purposes of the deliberative processes involving the ‘operational functions of the Australian Federal Police. Further, the document records advice, recommendations and opinien in material prepared by the AFP durina which time members were required to communicate Ciredly, freely and confidentially on issues which are considered to be sensitive, ‘There is also public interest in protecting the integrity of the decision-making process by separating the final decision-making policy or policy making steps Bnd the reasons therefore from the opinions and advice ofthe officials who Contriouted to the consideration. ‘Subsection 47C(2) provides that: ©) Deliberative matters does not include either of the folowing:(2) operational information (see section 8A); (2) purely factual material {As the opinion in this information involved analysts ofthe facts of the review to form a judgement, Iam satisfied that this information Is not purely factual material and therefore is not excluded under subsection 47C(2) of the Act. 1 have considered the public interest factors both in favour and against disclosure of the Information in these folios to determine whether disclosure Would be contrary to the public interest. In relation to the factors favouring disclosure, I belleve the following are relevant: (2) _ the general public interest in access to documents as expressed in sections 3 and 11 of the FOI Act; and (b) the public interest in people being able to scrutinise the operations of 2 government agency and in promoting governmental accountability and transparency. In relation to the factors against disclosure, I belleve that the following are relevant: (©) _ if such information was disclosed, it would restrict the ability of AFP ‘employees in future to record their opinions directly, freely and confidentially during an investigation process; (@) disclosure would prejudice the agency's ability to form ay analysis land present Its recommendations in relation to law enforcement Investigations; and (e) that if information concerning the documents was revealed, it may ‘compromise the AFP's operations and damage relations with external parties. I have considered the public interest factors both in favour and against disclosure and in my view, in relation to these documents, the factors at (c), (2) and (e) against disclosure outweigh the factors in favour of disclosure. T find that release of the documents or parts of the documents woud be an Unreasonable disclosure under section 47C of the Act. Folios to which subsection 47E(c) apply: ‘Subsection 47E(c) ofthe Act provides thet: "A document Is conditionally exempt ifits disclosure under this Act would, or could reasonably be expected to, do any of the fellowing: Ge) have a substantial adverse effect on the management or ‘assessment of personnel by the Commonwealth, by Norfolk Island or by an agency.” “The documents or parts of documents identified in the schedule a5 exempt Under this section ofthe Act contain information, the release of which would have a substantial adverse effect on the assessment of personnel andprocedures. 11am of the opinion that to release this information could have a Substantial adverse effect on the conduct of the operations of the AFP. Ihave considered the public interest factors both in favour and against disclosure of the information in these folios. In relation to the factors favouring disclosure, I believe the following are relevant: (@) _ the general public interest In access to documents as expressed in sections 3 and 11 of the FOL Act; and (©) fhe pubile interest in people being able to scrutinise the operations of ‘a government agency and in promoting governmental accountability ‘and transparency. In relation to the factors against disclosure, I believe that the following are relevant: (©) the need for an agency to maintain confidentiality in assessing its personnel and the circumstances in which the information was obtained; and (a) _ that if information concerning the procedures was revealed, It may have a substantial adverse effect on the management and assessment ‘of personne in future. While there is a public interest in providing access to documents held by the AFP, T have given greater weight to factors (c) and (4) above and conclude that fon balance, disclosure Is not in the public interest, given the need to ensure the Continued effectiveness of assessment procedures ofits personnel. 1 find that release of the documents or parts of the documents wauld be an unreasonable disclosure under subsection 47E(c) of the Act. Folios to which subsection 47E(d) apply: ‘Subsection 47E(d) of the Act provides that: A document is conditionally exempt if ts disclosure under this Act would, or could reasonably be expected to, do any of the fellowing: (4) have a substantial adverse effect on the proper and efficient conduct of the operations of an agency;.." “The documents or parts of documents identified in the schedule as exempt Under this section of the Act contain information, the release of which, would hhave a substantial adverse effect on the conduct of AFP operations, as it reveals how information is obtained and actioned for the purposes of actioning personnel related matters. have considered the public interest factors both in favour and against disclosure of the Information in these folios. In relation to the factors favouring disclosure, I believe the following are relevant:(a) _ the general public interest in access to documents as exeressed in sections 3 and 11 of the FO! Act; and (b) the public interest in people being able to scrutinise the operations of ’ government agency and in promoting governmental ac:ountablity and transparency. In relation to the factors against disclosure, T belleve that the following are relevant: (©) _ the need for the agency to maintain the confidentiality with regard to the Subject matter ein the clrcumstances in which the information was obtained and collated; and (@) that if information concerning personnel management was revealed, It ‘may have a substantial adverse effect on the way in which AFP conduct similar matters in the future. ‘While there is @ public interest in providing access to documents held by the AAFP, T have glven greater weight to factors (c) and (4) above and conclude that ‘on balance, disclosure is notin the public interest, given the need to ensure public safety during police operations and the effectiveness of current procedures, I find that release of the documents or parts of the documents ‘would be an unreasonable disclosure under subsection 47E(d) of the Act. Folios to which section 47F apply: Section 47F of the Act provides that: *(1) A document is conditionally exempt if its disclosure under this Act ‘would involve the unreasonable disclosure of personal information ‘bout any person (including a deceased person).” “The documents or parts of documents Identified in the Schedule as exempt under this section of the Act contain personal information of third partis. Personal information is information or an opinion about an individual whose identity is known or easily ascertainable. I find that these documents contain personal information, 1 have considered the public Interest factors both In favour and against cisclosure ofthe information In these folios In relation to the factors favouring dlsclosure, I believe the following are relevant: (@) _ the general public interest in access to documents as expressed in sections 3 and 11 of the FOL Act; (b) the extent to which the information is well known; (©) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt within the documents; (@) the availablity of the information from publicly accessibe sources; (©) _ the eurrent relevance of the information; and (the circumstances in which the information was obtained and any ‘expectation of confidentialityIn relation to the factors against disclosure, I believe that the following are relevant: (a) prejudice the protection of an individual’ right to privacy; (h) the need for the agency to maintain the confidentiality wth regard to the subject matter and the circumstances in which the information was obtained; and ()) if such information was disclosed, it may discourage cooperation in relation to AFP operations. While there is public interest in providing access to documents held by the [AFP, [have given greater weight to Factors (g) to (I) above and covclude that ‘on Balance, disclosure isnot in the public interest. ‘The AFP has net recelved Consent regarding the release of some personal information regarding this Fequest, disclosure of that information would be contrary to an individuals’ right to the protection of their personal privacy. find that the release of these documents or parts of documents would be an unreasonable discicsure of Personal information and are therefore exempt under section 47F ofthe Act. EVIDENCE/MATERIAL ON WHICH MY FINDINGS WERE BASED In reaching my decision, I have relled on the following documentary evidence: ‘& the scope of your application; “& the contents of the documents listed In the attached schedule; + advice from AFP officers with responsiblity for matters relating to the documents to which you sought access; + consultation with third parties; & Freedom of Information Act 1982; | Guidance material Issued by the Department of Prime Minis:er and Cabinet; and 4 Guidelines issued by the Office of the Australian Information Commissioner.** YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH ‘THE LEGISLATIVE REQUIREMENTS OF THE FREEDOM OF INFORMATION ACT 1982. REVIEW AND COMPLAINT RIGHTS If you are dissatisfied with @ Freedom of Information decision made by the ‘Australian Federal Police, you tat epply for_en_ intemal or Informotion Commissioner (IC) Review. You do nat have to apaly for Internal Review before seeking an IC review. You do not need to seek a review by elther the AFP or the IC should you wish to complain about the AFP’s actions in processing your request. REVIEW RIGHTS under Part VI of the Act Internal Review by the AFP Section 53A of the Act gives you the right to apply for an intemal review in ‘writing to the Australian Federal Police (AFP) within 30 days of being notified of 2 decision. No particular form is required, Tt would assist the Incependent AFP Gecision-maker responsible for the internal review if you set out in the ‘pplication, the grounds on which you consider that the decison should be reviewed. Section 54B of the Act provides that the internal review submission must be made within 30 days. Applications for a review of the decision should be addressed to: Freedom of Information Australian Federal Police GPO Box 401 Canberre ACT 2601 REVIEW RIGHTS under Part VII of the Act Review by the Information Commissioner (IC) ‘Aiternatively, Section 54L of the Act gives you the right to apply directly to the 4c. following an internal review by the AFP. In making your application you will need to provide an address for notices to be sent (this can be an email address) and'a copy of the AFP decision, It would also help if you set out the reasons for review in your application. Section 54S of the Act provides for the timeframes for an IC review submission. For an access refusal decision covered by subsection 54L(2), the application must be made within 60 days. For an access grant decislan covered by ‘subsection 54M(2), the application must be made within 30 days. ‘Applications for @ review of the decision should be addressed to:Office of the Australian Information Commissioner GPO Box 5128 Syeney NSW 2001, Further, the OAIC encourages parties to an IC review to resolve their dispute informally, and encourages agencies to consider possible comprorrises or ‘ternative solutions to the dispute in this matter. The AFP would 2e pleased to assist you in this regard, Information about the IC review process can be found in Part 10 of the Guidelines which are available on our website at bnttp://wwwoaic.gov,au/publications/auidelines,html. RIGHT TO COMPLAIN under Part VIIB of the Act Section 70 of the Act provides that a person may complain to the IC about action taken by the Australian Federal Police in relation to your apolication. ‘A complaint to the IC may be made in writing and identify the agency against Which the complaint Is made, ‘The IC may be contacted on 1300 363 992. There is no_ particular form required to make a complaint, but the complaint should set out the grounds on which you consider the action should be investigated.SCHEDULE OF DECISION ‘cRM 2017/517 ‘Schedule 8 Folie exempt in fl 522(1)(a)(I}) Exempted material would clslese information that s22(2)(3) fnould reasonably be regarded os lelevant tothe request. af [s47E(d) Exempted material woulé dscose information that would Ihave a substantial adverse effect on the prope and efficient conduct ofthe operations of the AFP and would be contrary tothe public Access must be given unless would be contrary to the lst7e(a), s47EC0) 3) cose the methods used by Te| |AFP for assessment of lt personnel, Provision of this information jwould prejudice the effectiveness of those methods and have 2 lsubstantal adverse effect on the assessment of personnel by the la7e(o), s478¢0 P. isa7e(e) [e476 To arant access to the document would dacose iwormation in the nature of, oF relating to opinion, advice or recommendation Jobtained/prepared inthe course ofthe deliberative processes of an Jagency. Access must be given unless it would be contrary to the Interest, \s47c, 547E(2), s47E(0 s47E(a), 470. Bfsa7E(a) sA7ETE) sac, sA7E(c), SA7ETG] 7Iss7E (0) [save a), Sa7E(e), Sac Blss7e(c).2476(6).sa7C [saz To|sa7e(G), sa7E(e), sae Isa7E(e),s47E(0), 547 Tils47E(G), sA7E(C), s47F 2] js47F Deletions are made on the grounds that disclosure would les7e, s476(a), s47E(c) Ta |sare(a), sa7e(6) sa, sA7E(0) Tal ss7E(0), save, ATE) 31/07/2017 Page 2SCHEDULE OF DECISION (eRM 2017/517 ‘Schedule 8 Tse SE) 46|s47E(6 47|s47F, s47E(G), SATE, ATE 16 |547F_s47E(6)_sA7E(@), s47C 49|s47C. s47e{e) 47616) isa7C. 3 Bo|sa7C, e220 Figg released i Full are ROT Reged, 31/07/2017 Page 2PROTECTED Sensitive ( AFP Independent Review into the Proceeds of Crime Litigation Portfolio Commander Grant Edwards 25 March 2015 THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (comBensitiswe TH) BY THE AUS PROIMROTEEBRAL POLICE FOI- CRM 2017/517 Folio - 1Siii0) THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICEw Aim 1.Rer To undertake an independent administrative review into the management practices of the Proceeds of Crime Litigation (POCL) function. ‘The fevlew focussed on the cultural aspects of the day to day management of ‘Australian Federal Police (AFP) employees within POCL and the alignment ‘of those practices with AFP governance and guidelines, Any suggestions ‘of behaviour that may constitute bullying should be referred to AFP Professional Standards as per AFP guidelines, 2. Review Definitions 0n 28 January 2015, National Manager Human Resource (NMHR) sought {an independent administrative review Into the POCL function focsssing on: +The recruitment, on-boarding and induction of new POCL employees Into the AFP. + The integration of those employees into the AFP and the engoing performance management processes and practices within POC. ‘+ Any professional or personal development processes in plece within OGL and how they may align POCL employees with the boader AP. ‘+ An assessment ofthe atrition rate of AFP employees frorr POCL land any reason behind that attrition + An assessment ofthe cultura alignment of the POCL function with the broader AFP. ‘The outcomes of this review have been determined and based upon the premise of balance of probabilities. 3.Introduction In 2010 the Government of Australia announced that it would esabish @ Criminal Asset Confiscation Taskforce (CACT), comprising the AF2, ‘Australian Taxation fice (ATO) and the Australian Crime Commission (ACC) to bring togather the resources and expertise to combat organised Crime through Intensive targeting of eriminal wealth, On 1 January 2012, this taskforce was formally established as a permanent multi agency In order to take the profit out of crime, &s tis twas occurring, legislative amendment to the Proceeds of Crime At (2002) came into effect which significantly modified the obligations of the AFP within the enforcement capability. As resule the majorky of ‘Commonwealth Proceeds nf rime itigation (POCL) moved from the Commonwealth Director of Public Prosecutions (COPP) to the AFP, This legal component was crtical to the confiscation process and required the Ath rg ett Re BEEN BESET TED An Eten! IT NOtA HE CORTIPRRET RsSAts rire a EER nrorneROU Reem (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio -3‘component and the POCL ikigation function. The term “Ethical Wal is 2 jgeneral legal term used in public and private sectors to describe controls in place to limit the possiblity of in-nouse information disclosures between holders of information and caleagues who may represent interes which conflict, Concerns were raised during the standing up of the CACT by ‘external partners and stakeholders as to the ability of the AFP to manage this given the co-location of Investigators and prosecutors, The inclusion ofthe “Ethical Wall assuaged the external concerns and ensured separation of investigations end prosecutions aspects remained pure. “The conducting of litigation represented a new rale for the AFP and required the establishment a specialised legal practice within the AFP. This practice forms an integral component of the CACT and fs comprised of highly qualified and spedilised lawyers and ligation assistants who Bre responsible for conducting all the AFP's Proceeds of Crime litigation, Uniike other areas ofthe AFP, POCL has a statutory obligation to the respective superior Courts of Australia ands required to adhere :0 the legal services abigations as Solietor on Record Manager POCI holds the Commissioner's delegation to act as a proceeds of cme authority and is aso responsible for aversighting early and Strategic advice to the AFP an asset confiscation, assist with POCR. applications by an “authorised officer” where appropriate, conduct proceeds of crime itigation on behalf of the Cormmonwteaitn, contribute to Policy and legisiatve reform on proceads of enme, work with foreign Jurisdictions to confiscate criminal assets POCL offices are co-located with the CACT investigations teams In Canberra, Syéney, Brisbane, Melbourne and Perth, ‘The POCL staffing structure Is Manager POCI (SES Band 1) State Coordinators (Band 9) Senior Utigator(s) and Litigators (Bands 4-8) Ligation Assistants and Support Staff (Bands 3-5). 4.Findings THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE see amcind Rear INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio -4reo. ther review processes and reporting nave not been include inthis, administrative review process, 1D) POCL performance ‘The information gathered throughout this review process has hignlighted the strong performance to date by the POCL portfolio In achieving its core ‘outcomes and meeting Its key Indicators. The portfolio Is meeting the AFP Executive's expectations with regaré to Itigation of restraint and selzure of criminal assets. Furthermore, there was much support forthe technical Capability and expertise ofthe FOCL senior management team (Nanager and Coordinators), ‘The dedication of POCL staff to meet thelr key objectives and outcomes continues despite the portfolio's inability to maintain critical stafing levels. Potentially complicating the abilty forthe portfolio to meet thelr Continuing objectives isthe increasing amount of CACT referrals that are Unable ta be actioned! ‘The existing AFP Enterprise Agreement (EA) does not cater to a portfolio. {hati ted to and atthe express beck and cal of a Judiciary andl system predominately staffed by a private practice approach that isnot ted to ny EA requirements ofthe lke haying to be managed by POCL.A 1) Leadership Effective leadership ls plvota to the success of @ business areas success, * See, rere a hae Ne DECWASEEED er EEE heat seainiee areas, von hee ef NIE OP-INFOR MARION ACT TSED= oo a (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio -56 sro sre EI) Its widely recognised by the legal fraternity and academia alike that Litigators aren‘ particularly sulted to leadershi rales, ‘According tothe Australian and New Zealand School of Government (ANZS0G)* leadership and management training will better equip leaders to lead and infiuence change and to manage Increasingly complex accountabilities against a backgrouna of the shiting priorities of Government, limites finances, a probing medi, well-organised inserest Sroups, and in many cases, entrenched organisational cultures. Within the Wider legal fraternity, Iligation and leadership are neither symbictc not ubiquitous terms. ‘According to Leeke (2014), Lawyers are inteligent and highly qualified professionals however are ii-adapted to leadership and management roles because they are not ‘hardwired’ to be managers or leaders, Lecke argues that the very qualtes and thinking patterns that mai Lawyers Successful isthe same thing that's preventing them in succeeding in. leadership and management. Dr Larry Richard of the Hildebrandt Institute” Indicates that Lawyers are highly sceptical, autonomous, antisocial ang resistant to new idees, possess a high Sense of urgency and are easly clscouraged by setbacks Which place ther at considerable disadvantage when it comes to leadership and managerial tasks. He further posits that poorly or Untrained leaders ané managers in the legal tratemity in general ‘Laan andi’ by Be ema, Sin ell a aad eS ake Sama eal pecan by iney Mu an ul Rea never TT HAS BEEN DECLASSIFIED Eee EAEEESL ncooRDANGE AMITHTHE eg tO AST APPR nist ‘OMMONWEALT! BY THE AUSTRALIAN FEDERAL POLICE FOI - CRM 2017/517 Folio - 6translates to high staff turnover, floundering client relationships, poor service qualty and lack of strategie drection and culture whien in turn leads to underperformance and unhappy employees rio, ere9. 276 THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 20171517 Folio -71) Culture, Values and behaviour; ‘The AFP possesses an organisational culture of shared assumptioys values, and belts, which governs how people Behave, act and perform {her roles within the work place end provides behavioural guidlines and boundaries for members of the organisation. Joining the AFP requires ‘members to adhere to these shared assumptions, beliefs and core values" or Integrity - cove requirement of the AFP and displayed through soundness of moral principle, Honesty and sincerky and ‘demonstrated through a genuine commitment to the success of Individuals, complete honesty and forthrightness In ll ‘commitments with people high standards of personal conduct and character at all times, complete trustworthiness when handing Property, money and information, Commitment - characterised by dedication, application, perseverance and a belie in yaur ablity to achieve and add value {and displayed when individuals apply themselves to all tasts/jobs for which they have responsibilty, persist with jobs unt objectives are achieved or are no longer reasonably attainable, strive to, Uphole the vision and mission ofthe AFP and strive to achieve individual, team and corporate milestones, Excellence ~ A never-ending search for improvement leads to texcelence ond in promoting the AFP empone's Our employees and involve them improvising a quay sence, coach and develop people rather than control and drect them, strive to delve: the roduc that best serves the needs of ou cet, constant Improve wor performance by seeing to remove weste a inuetentencedete tine ed eee to seeamprovernen encourage Inmavation, experimentation sn isk king, super teomwore by: commniesting with ech other; parcptig together with problem solving; sharing work: tegating av taking EEPPESIDCTONTMENITUA KAD He eG lebead olmance KRASPRECEASIEL'S HMECORDANCE WITH THE “see at? wih EER @NWAF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI - CRM 2017/517 Folio - 8‘Accountabllty -s about ownership of work or results, and being answerable for outcomes meaning AFP emplayees accept personal responsibilty forthe consequences of our efforts, ensure geople ‘know what is expected of them, now their work wil be evaluated and how success is measured or determined, allow individials and teams to make decsions about their work, do not assume credit or the work of others give feedback on work performance Faimess - means being impaitial a equitable, meaning AFP personnel respect people as individuals and for their atferences, apply anti-diserimination, fairness and equity principles in our Cally work do not act from malice, prejudice or personal bias when ‘making decisions approach people and issues with tolerance and an pen minds Trust - means having faith and confidence, and being able to rely ‘and depend on others, assuming ossume people can be reled on tO do the right thing, declare confcts of interest If they arise do not Subject people to abuses of power, respect each other regardless of roles and status foster an erivironment in which people co not feet punishment for making honest mistakes. rgnisatos ke the AFP have te al obigatios of ensuring eroper Sncord of behevou re mantane an of es he ore fay and reason ee emt ¥) Bullying and Harassment Employees have a responsiblity to ensure they are aware of, and comply With, the standards of behaviour expected of them. The AFP, through their leaders have a responsiblity to support employees in meeting ther ‘obligations and take appropriate action, If necessary to address behaviour that falls short of the expected standards, There are good reasons for ‘organisations to seek to ensure their employees act In accordance with festabished standards, as a fallure to do 50 can have negative consequences for organisational performance, productivity and safety, 2s well as public confidence in government administration According to he Astin Government Fale Wore Ommusman' Bullying occurs when a person or group of people repeatedly act lunreasonably towards them or a group of workers, andor the behaviour creates a risk to health and safety. Unreasonable behaviour includes Victimish@] BUeEGLSM EMT ACS hte NGC WARS BERAY our is AND RELEASED IN ACCORDANCE WITH THE “eine EREEDOMQE-LNEQRMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 9Unreasonable can depend on whether @ reasonable person might see the behaviour as unreasonable in the circumstances, Examples of bullying include ‘+ behaving aggressively teasing or practical jokes pressuring someone to behave inappropriately excluding someone from work-related events or unreasonable work demands, Furthermore, according to the Australian Human Rights Commission", Workplace bullying is the verbal, physical, socal or psychological abuse by {an employer (or manager), another person or group of people at work and an be exhibited by: + repeated hurtful remarks or attacks, or making fun of your work oF You as & person (including your family, sex, sexuality, gender Identity, race or culture, edveation or ecanomie background); ‘+ excluding you or stopping yeu fram working with people oF taking part in activities that relates to your work; + playing mind games, ganging up on you, or ther types of psychological harassment; + Intimidation (making you eel less important and undervalued); ‘+ alving you pointless tasks that have nothing to do with your Job Bullying can affect people n @ number of ways including being less active ‘or successful less confident in thelr work, fealing seared, stressed, ‘anxious or depressed, have their life outside of work affected, eg. study, ‘relationships, want to stay amay from work, feel ike they ean tise their employer or the people wham they work with lack confidence and happiness about themselves and thelr work, and possess physica signs of stress like headaches, backaches, sleep problems. sere. 70 reo TE, oe THIS DOCUMENT HAS BEEN DECLASSIFIED ND RELEASED IN ACCORDANCE WITH THE " FREEDOM. OFahMEORM ATION ACT Qn terstt (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 10ra, A, 90 THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 | (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 14BY THE AUSTRALIAN FEDERAL POLICE FOI - CRM 2017/517reg, re vi) Recruitment, on boarding and attrition Recruitment of staff into POCL has proven problematic fr the po'tli. A large element ofthis angst to wth not fully understanding the fhligations, processes and raqulramants of AFD HR when recrulting stat Upon establishment, POCL sought to direct recruit staff, mostly ito its ‘executive roles of Coordinator Sydney, Brisbane, Melbourne and 2erth. A ‘umber of ather key roles were also appropriated through the drect recruiting process. To further assist In the inaugural staffing of POCL a hhumber of lawyers were seconded from the Australian Attorney Generals Department (AD) and the Cammanwealth Director of Public Prosecutions (coPP), Delays in promulgating legislation hampered the inital stand up of POCL through the inabilty to recrut Litigators. Once the legislation was passed there was a rush to engage staf in oder to meet the governments and the AFP's expectation of itigating asset restraint, seizure anc foreure would drive POCL's focus at the expense of the sufficiently attending (0 the enabling drivers. Consequently the enabling supporting ‘administrative, governance ané human resource processes were rat given Sulficent attention. Litigators that were directy recruited into the AFP inthe early stages of POCL were sought due to thelr technical expertise with a number placed in key Coordinator (Band 9) roles within POCL to lead the generation of sta 1 to establish the Canberra and regional POCL offices. Following the intial establishment processes more formal recrutment processes have taken place at the Senior Uigator- Band 8 and Ligator ~ Band 47 levels ‘a well as atthe Litigation Assistant and Support Staff level Band 2-5 level THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 13Te Issue of appropriate allgnment of selary was also raised as an Impediment to recruitment and retention. Although competitive within the ‘Commonwealth scheme of employment of Ikigation (COPP, AGS etc) and very attractive to junior lawyers, but more senior and experienced lawyers found the conditions far tess attractive. Against commercial tigation firms, salary was considered to be rather less compettve and some of ‘those interviewed claimed to have taken up to a 50¥e cut in salary to, come to the AFP. According ta Legal Salary & Employment Forecast in Australia for 2014/2015 In house Lawyers within the Public Sector ean expect the Faliowing [ ‘ew [we ee ayer [reso | roos ern |res0s BS years | 95-147 90-140 85-132 85-132 0-140 7 serves [rae [unio [ise fiseare | ose0 reyers [ran fires [rei208 |ir208 | 0219 ror. Proceeds itigation if viewed by many In the legal fraternity ws an ahve element of law where it does not feed neatiy Into other areas of lew and therefore viewed as somewhat career limiting. For many, POCL Isa stepping stone to other forms of legal work such as progression tothe Bar oF SSs1FMHIS DEORE Rue AGUEETEAES aE Cube sce |AND/RELEASED IN'ACCORDANCE WITH THE | FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI - CRM 2017/517 Folio - 14Is Perceived as a transient process for many. An attraction enticing layers {to POCL isthe type and demanding nature of the work and although Gute stressful, the type of work is very satisfying and fuliling, ‘The POCL portfollo was constructed along the lines ofa private legal practice, without sufficient the attention or adherence to AFP governance or the Commonwealth framework requirements. This would eventually bbecome a causal effect in the development of a POCL culture, impact on Fecrutment, retention and attrition and effect the assimilation to and alignment of POC! Inte the henader AFP AAFP Stat Induction Is mandatory for all new unsworn appointees within 2 ‘months of commencing employment. The information session alms to Welcome all new staf to the AFP, embed the AFP values, increase awareness of the AFP business environment and ensure all staff Understands their roles, responsolities an obligations as members ofthe |AFP. The learning abjectves are to provide an understanding of + strategic overview of the AFP and overview of AFP functions; Corporate governance arrangements in the AFP; AAFP integrity and securtytrameworks Including the AFP vaues; Internal and external support networks; and ‘corporate management systems and ICT Security, rio are) THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 15‘THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE * Come ERED ON AR-ANEQRMATIONACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FO! - CRM 2017/5175.Conclusion re, AH 0 THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) ——— BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 17THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH). BY THE AUSTRALIAN FEDERAL POLICE FOI - CRM 2017/517 Folio - 18.roe, ar 6.Recommendations ppertuntes that may improve the existing POCL porto incude te ‘ | THIS DOCUMENT HAS BEEN DECLASSIFIED AND RELEASED IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 19[ae ee HAS BEEN DECLASSIFIED { sono GAH ERSED IN ACCORDANCE WITH THE ~— Queenslani IM OF INFORMATION ACT 1982 (COMMONWEALTH) BY THE AUSTRALIAN FEDERAL POLICE FOI- CRM 2017/517 Folio - 20