While this reorientation promises to enhance Australia’s intelligence capabilities, it also presents a range of significant challenges that the Government must address to ensure the success of the transition.
The Australian Criminal Intelligence Commission (ACIC) is about to transform, shifting from its traditional law enforcement and investigative roles to a more focused intelligence mandate.
This change comes in response to the recommendations from the review by intelligence experts Stephen Merchant and Greg Wilson, commissioned by the Albanese Government.
The 14 November review report recommends refocusing the ACIC’s efforts on intelligence aimed at combating transnational, serious and organised crime – a growing and complex threat to Australia’s national security and economy.
While this reorientation promises to enhance Australia’s intelligence capabilities, it also presents a range of significant challenges that the Government must address to ensure the success of the transition.
Operational responsibilities, and the risk of intelligence siloes
The first issue that arises from this shift is the question of operational responsibility. If the ACIC is to relinquish its investigative functions, who will assume its operational role of disrupting criminal networks?
The Australian Federal Police (AFP) is already overloaded, dealing with a broad spectrum of responsibilities ranging from counter-terrorism to cybercrime, and its resources are increasingly stretched thin.
Asking the AFP to absorb the ACIC’s operational duties without additional support or funding is a recipe for further strain on an already burdened agency. This is particularly pressing given the increasing sophistication of organised crime, which requires a highly coordinated law enforcement response.
For the transition to succeed, the ACIC’s intelligence must be seamlessly integrated into the operational activities of other agencies, ensuring that it leads to real-world disruption of criminal networks.
Equally important is how to handle the increasing need for strategic intelligence. The Australian law enforcement community has traditionally been operationally focused, and many agencies have struggled with the concept of strategic intelligence – intelligence designed to inform long-term decision-making rather than provide immediate, actionable data.
The ACIC’s new intelligence mandate will require a fundamental shift in focus from operational activities to generating and analysing intelligence that can pre-emptively disrupt criminal activity.
However, intelligence alone is not enough. For the ACIC’s efforts to be effective, the intelligence it generates must be actionable and integrated into broader national security and law enforcement efforts.
This requires clear lines of communication and collaboration between the ACIC and other agencies within the national intelligence community, which brings together traditional foreign, defence and security intelligence with law enforcement and regulatory intelligence.
The Merchant-Wilson review correctly highlights that the ACIC has been constrained in fulfilling its intelligence mandate by outdated legislative frameworks and a lack of clarity about its role. As organised crime becomes more transnational and complex, the need for a unified and effective intelligence capability is more urgent than ever.
However, this shift to an intelligence-focused ACIC raises the challenge of ensuring that the intelligence it produces is used effectively across the broader law enforcement and national security ecosystem.
There is a significant risk that intelligence generated by the ACIC could remain siloed or fail to reach operational agencies in time to make a difference. For the transition to succeed, the ACIC’s intelligence must be seamlessly integrated into the operational activities of other agencies, ensuring that it leads to real-world disruption of criminal networks.
Funding, workforce and powers
Funding is another major challenge. The review rightly stresses the need for a secure and sustained funding model to support the ACIC’s core intelligence functions.
The agency has been subject to unpredictable funding in the past, relying on short-term government initiatives and policy proposals to keep its operations afloat. This model is not sustainable, particularly given the increasing demands on the ACIC as it takes on a more strategic role.
Moving away from a model based on law enforcement means the ACIC must build on its existing analytical and technical workforce. This will be a big challenge, as Australia’s intelligence agencies are all vying for a limited talent pool.
The agency cannot fulfil its expanded mandate without a clear commitment to long-term funding. The Government must provide the ACIC with a stable and adequate budget to support its transition to an intelligence agency. This includes funding for personnel and resources and the technological infrastructure needed to gather, analyse and disseminate intelligence effectively.
Workforce capability is closely tied to funding. The ACIC will need to attract and retain a highly skilled workforce capable of generating and analysing complex intelligence.
Moving away from a model based on law enforcement means the ACIC must build on its existing analytical and technical workforce. This will be a big challenge, as Australia’s intelligence agencies are all vying for a limited talent pool.
The Government must ensure that the ACIC can recruit and retain the right people. Offering competitive salaries and professional development opportunities will help to build a workforce capable of meeting the demands of a modern, intelligence-led approach to combating organised crime.
Lastly, there is the issue of the ACIC’s powers. The review recommends that the ACIC retain its coercive questioning powers, which have proven invaluable in uncovering and disrupting organised criminal networks. However, these powers must be managed carefully to avoid legal challenges and ensure they are used responsibly.
The Government must provide appropriate safeguards and oversight, including a new approval process for exercising these powers, to ensure they are used appropriately and in line with legal and human rights standards.
Strong opportunity
Only by addressing these challenges head-on can the Government ensure that the ACIC’s transformation will strengthen Australia’s response to the growing threat of organised crime.
It must ensure that operational functions are effectively redistributed to other agencies, particularly the AFP, which will need additional resources to take on the ACIC’s former role.
The Government must also ensure that the ACIC’s intelligence is actionable and integrated into the broader national security and law enforcement framework, enabling it to disrupt criminal networks effectively. A secure, long-term funding model is essential, as is the recruitment and retention of a skilled workforce capable of carrying out the ACIC’s new mandate.
Only by addressing these challenges head-on can the Government ensure that the ACIC’s transformation will strengthen Australia’s response to the growing threat of organised crime.
This article first appeared on the ASPI Strategist website, and is republished under a Creative Commons Licence; you can read the original here.
About the Authors
Dr John Coyne is Head of the Northern Australia Strategic Policy Centre and Head of Strategic Policing and Law Enforcement at the Australian Strategic Policy Institute (ASPI). John was the inaugural head of ASPI’s Border Security Program; he came to ASPI from the Australian Federal Police, where he worked on transnational serious organised crime, national security, and counter-terrorism. John has worked in intelligence and national security for over 25 years. He has been an intelligence professional at tactical, operational, and strategic levels across military, regulatory, national security and law enforcement organisations.
Liam Auliciems is a research intern for the Statecraft and Intelligence Program at the Australian Strategic Policy Institute.
Picture © franz12 / Shutterstock
