Referring matters to the AFP

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Referring matters to the AFP

This page contains:

• Initial enquiries
• Exceptional circumstances
• Information required
• Terrorism and national security referrals
• Referral of politically sensitive matters 

Initial enquiries

If an agency/organisation referring a matter to the AFP:

• identifies any serious breach of Federal legislation
• considers the AFP Case Categorisation and Prioritisation Model
• considers the matter is appropriate for referral to the AFP
• requires AFP assistance or advice in relation to an investigation being conducted by that agency/organisation into suspected breaches of Federal legislation

then initial enquiries are to be directed to the AFP Operations Monitoring Centre (OMC) in the State or Territory where the suspected offences occurred.

All requests for the AFP to conduct an investigation or provide assistance should be in writing.

Exceptional circumstances

In exceptional circumstances, where immediate action by the AFP is required, a referral will be considered over the telephone.  However the phone call must be supported by a written referral within 24 hours.

• Referring matters to the AFP after business hours

Information required

The AFP asks that all referrals be made using the AFP Referral Form (PDF, 77kb)

Initial referrals may be sent via email to the nearest  AFP Operations Monitoring Centre, including relevant referral documents (letter and attachments).

All referral letters to the AFP must, as a minimum, include the following:

• action being requested by the AFP
• if the agency is requesting the AFP consider a joint investigation, detail should be included such as resources the agency will provide for the investigation
• the suspected breaches including specific legislation offence(s)
• details of the suspected offender(s) - name, date of birth, location (where known)
• criminal history if known and information relating to the circumstances where the person(s) has previously come to the agency's attention
• a chronological account of the facts or evidence supporting the suspected breache(s)
• value of the revenue loss or potential loss at risk to the agency
• a summary of all enquiries or investigations already undertaken by the agency
• details of witnesses
• if the suspect(s) is aware of the Agency's investigation/allegation
• copies of relevant documents relevant to the referral
• references to any specific legislative provisions including consent to prosecute or time limitation regarding commencement of prosecution
• copies of relevant legal advice, sought and provided to the agency
• significance or impact of the referral to the agency
• the agency case reference number and other reference including operation name
• details of the agency case officer and/or contact person including contact details.

Where search warrants or operational action is proposed, agencies are requested to provide Standard Tactical Plans or similar planning documentation with referral documents.

Terrorism and national security referrals

Referrals relating to terrorism or national security issues are addressed under specific protocols entered into between the AFP and agencies.

Referral of politically sensitive matters

All matters of a politically sensitive nature, not limited to fraud, requiring the assistance of the AFP should be raised with the Minister responsible for the AFP by the relevant Minister or Department when referring the matter to the AFP. This enables the Government to be informed at the earliest juncture of potentially politically contentious matters that may require AFP investigation.

Under present arrangements, the Minister for Home Affairs is responsible for the AFP. The procedure exists only to enable the Minister for Home Affairs to be informed of significant matters affecting the Minister's responsibility for the AFP. The Minister for Home Affairs does not have a power or function of deciding what particular allegations the AFP will or will not investigate. The decision to seek an AFP investigation will, unless the matter affects other portfolios, remain that of the complainant agency or Minister.

The purpose of this procedure is to ensure that there is a coherent, consistent approach from both a law enforcement and a Government perspective. On completion of the investigation, the Minister for Home Affairs should be briefed on the outcome.

These procedures are incorporated in the Memoranda of Understanding entered into by the AFP and various Departments and Agencies

Exemptions

AFP investigations of breaches of the Commonwealth Electoral Act 1918 where the Australian Electoral Commission is the complainant are exempt from the provisions of these guidelines.