CBP says internal systems now are significantly improved

Customs and Border Protection has reacted defensively to a Fairfax Media investigation that claimed CBP personnel have stolen and possibly sold goods that had been seized and which were earmarked for destruction.  The investigation also detailed several other alleged internal failings in CBP.

The Fairfax investigation reports suggested that this “exposed extremely haphazard governance within the agency charged with protecting Australia’s borders”.

CBP issued an immediate statement saying it knew all about the allegations, having released the information to Fairfax under the Freedom of Information Act.

Fairfax said it had taken a “two year battle” to get the information from CBP.

“The documents reveal an agency overwhelmed by the threat of organised crime, but they also expose several serious management failures in the organisation’s senior ranks,” said Fairfax, calling for an overhaul of CBP’s internal affairs monitoring and investigations, as well as financial controls as part of an overall review of what has been going on.

The documents detail that from 2007-08 to 2009-10 there were 724 complaints, allegations, issues of concern or incidents reported to and from within CBP, relating to agency staff.
But, said Customs, they don’t take into account the “significant improvements” made to CBP’s “defences against corruption and serious misconduct” since 2010.

And said CBP chief executive Mike Pezzullo, he was already planning a management review of the internal professional standards function.  This is being discussed with the newly-appointed Customs Reform Board in a bid to establish best practice in this area, he noted.

It was vital the service had a robust and effective integrity framework which was beyond reproach, he agreed.  It needed to have the resources and ability to manage disciplinary matters with accountability, better case and records management, stringent checks and balances, enhanced leadership and improved technical skills and vocational standards.

“There is no place in the service for corruption, serious misconduct or fraud.  The vast majority of Customs and Border Protection officers are committed to protecting Australia’s borders and our community and are diligent, honest and hard-working.

“I know they, like me, are committed to the highest levels of professionalism and integrity while carrying out our vital role in protecting the country.”

According to the Fairfax investigation, there is a lot of work to be done.

It pointed to one case where an officer was caught in June 2009 removing cigarettes marked for destruction from a detained goods facility.  He was fined A$1500, but the whistleblower had told investigators “others may be involved and quantities could be much higher”.

The internal affairs unit identified the problem as a “systemic issue”.

In Queensland at about the same time, said the Fairfax reports, an audit of one of CBP’s Detained Goods Management (DGM) stores revealed a stock shortage of 1200 sticks of tobacco.  

A number of CBP officers working in the cargo group were identified by the investigation, with the internal affairs team saying that procedures at the DGM were “extremely haphazard’, characterised by poor supervision and “fraudulent records”.

At one stage CBP investigators were concerned that ammunition and “a variety of associated equipment” might be missing, but this was later attributed to poor management and major accounting errors.

CBP said that the documents released to Fairfax covered a wide range of matters, not solely allegations of criminal or fraudulent conduct.  “In many cases they relate to internal disciplinary matters.”

In many of the cases no evidence was found to substantiate the allegation of corruption or serious misconduct, CBP claimed.  Other allegations which the investigation described as “substantiated” related to cases where there was no evidence, or insufficient evidence, found of criminal conduct by an officer.

“These matters were referred to the service’s internal human resources area, which at the time had responsibly for managing disciplinary matters including breaches of the Australian Public Service Code of Conduct.”

The results of some internal disciplinary measures cannot now be determined due to subsequent changes in record-keeping methodology and systems.

In 39 cases, officers were found to be in breach of the APS code and were subject to administrative action, including loss of salary.  Another five cases resulted in prosecution action.
CBP stresses that it should be kept in mind that in many cases the report of concern was generated from within the agency, which it construed as “evidence of a strong reporting culture”.

In January 2011, CBP came under the jurisdiction of the Australian Commission for Law Enforcement Integrity (ACLEI).  All allegations of corruption or serious conduct are now notified to ACLEI for consideration and possible investigation.

This has already resulted in the arrest of four officers for alleged serious offences related to their work at Sydney Airport, while others are facing serious internal disciplinary action.
And CBP pointed to the new legislation introduced late last year which gave the service additional powers to strengthen its integrity framework.

CBP says internal systems now are significantly improved

Customs and Border Protection has reacted defensively to a Fairfax Media investigation that claimed CBP personnel have stolen and possibly sold goods that had been seized and which were earmarked for destruction.  The investigation also detailed several other alleged internal failings in CBP.

The Fairfax investigation reports suggested that this “exposed extremely haphazard governance within the agency charged with protecting Australia’s borders”.

CBP issued an immediate statement saying it knew all about the allegations, having released the information to Fairfax under the Freedom of Information Act.

Fairfax said it had taken a “two year battle” to get the information from CBP.

“The documents reveal an agency overwhelmed by the threat of organised crime, but they also expose several serious management failures in the organisation’s senior ranks,” said Fairfax, calling for an overhaul of CBP’s internal affairs monitoring and investigations, as well as financial controls as part of an overall review of what has been going on.

The documents detail that from 2007-08 to 2009-10 there were 724 complaints, allegations, issues of concern or incidents reported to and from within CBP, relating to agency staff.
But, said Customs, they don’t take into account the “significant improvements” made to CBP’s “defences against corruption and serious misconduct” since 2010.

And said CBP chief executive Mike Pezzullo, he was already planning a management review of the internal professional standards function.  This is being discussed with the newly-appointed Customs Reform Board in a bid to establish best practice in this area, he noted.

It was vital the service had a robust and effective integrity framework which was beyond reproach, he agreed.  It needed to have the resources and ability to manage disciplinary matters with accountability, better case and records management, stringent checks and balances, enhanced leadership and improved technical skills and vocational standards.

“There is no place in the service for corruption, serious misconduct or fraud.  The vast majority of Customs and Border Protection officers are committed to protecting Australia’s borders and our community and are diligent, honest and hard-working.

“I know they, like me, are committed to the highest levels of professionalism and integrity while carrying out our vital role in protecting the country.”

According to the Fairfax investigation, there is a lot of work to be done.

It pointed to one case where an officer was caught in June 2009 removing cigarettes marked for destruction from a detained goods facility.  He was fined A$1500, but the whistleblower had told investigators “others may be involved and quantities could be much higher”.

The internal affairs unit identified the problem as a “systemic issue”.

In Queensland at about the same time, said the Fairfax reports, an audit of one of CBP’s Detained Goods Management (DGM) stores revealed a stock shortage of 1200 sticks of tobacco.  

A number of CBP officers working in the cargo group were identified by the investigation, with the internal affairs team saying that procedures at the DGM were “extremely haphazard’, characterised by poor supervision and “fraudulent records”.

At one stage CBP investigators were concerned that ammunition and “a variety of associated equipment” might be missing, but this was later attributed to poor management and major accounting errors.

CBP said that the documents released to Fairfax covered a wide range of matters, not solely allegations of criminal or fraudulent conduct.  “In many cases they relate to internal disciplinary matters.”

In many of the cases no evidence was found to substantiate the allegation of corruption or serious misconduct, CBP claimed.  Other allegations which the investigation described as “substantiated” related to cases where there was no evidence, or insufficient evidence, found of criminal conduct by an officer.

“These matters were referred to the service’s internal human resources area, which at the time had responsibly for managing disciplinary matters including breaches of the Australian Public Service Code of Conduct.”

The results of some internal disciplinary measures cannot now be determined due to subsequent changes in record-keeping methodology and systems.

In 39 cases, officers were found to be in breach of the APS code and were subject to administrative action, including loss of salary.  Another five cases resulted in prosecution action.
CBP stresses that it should be kept in mind that in many cases the report of concern was generated from within the agency, which it construed as “evidence of a strong reporting culture”.

In January 2011, CBP came under the jurisdiction of the Australian Commission for Law Enforcement Integrity (ACLEI).  All allegations of corruption or serious conduct are now notified to ACLEI for consideration and possible investigation.

This has already resulted in the arrest of four officers for alleged serious offences related to their work at Sydney Airport, while others are facing serious internal disciplinary action.
And CBP pointed to the new legislation introduced late last year which gave the service additional powers to strengthen its integrity framework.