CORPORATE PLAN 2021- 22 - Office of the Special Investigator
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2021– 22 CORPORATE PLAN
© Commonwealth of Australia 2021 With the exception of the Commonwealth Coat of Arms, all material presented in this publication is provided under a Creative Commons Attribution 4.0 International license at https://creativecommons.org/licenses/by/4.0/legalcode. This means this licence only applies to material as set out in this document. The details of the relevant licence conditions are available on the Creative Commons website at https://creativecommons.org/ as is the full legal code for the CC BY 4.0 license at https://creativecommons.org/licenses/by/4.0/legalcode. Use of the Coat of Arms The terms under which the Coat of Arms can be used are detailed at the Department of the Prime Minister and Cabinet website— https://www.pmc.gov.au/government/commonwealth-coat-arms. Contact us Enquiries regarding the license and any use of this document are welcome at: Office of the Special Investigator GPO Box 812 Canberra ACT 2601 www.osi.gov.au P – 21-02407
2021– 22 CORPORATE PLAN
2
CONTENTS
Director-General’s foreword 4
Statement of preparation 5
Our purpose 6
Our structure 7
Our culture 8
Our operating context 9
Environment9
Cooperation11
Capabilities12
Our performance framework 14
Performance framework 14
Performance measures 15
Our risk oversight and management 22
Office of the Special Investigator | 2021–22 Corporate Plan 3DIRECTOR-GENERAL’S
FOREWORD
The 2021–22 Office of the Special Investigator Corporate
Plan is being released as we transition from our
establishment phase to embarking on our core purpose –
to thoroughly and independently address the alleged
criminal offences which fall within our remit.
We embark on this unprecedented work conscious of
the imperative to ensure a fair, thorough, impartial and
independent process within Australia’s robust legal
system, and of the importance of this work to Australia’s
national interest.
This plan sets out the Office of the Special Investigator’s (OSI’s) purpose, strengths
and challenges, and describes how we will operate within a unique structure in an
unfamiliar landscape.
Since our establishment on 4 January 2021, the OSI has focused on ensuring we have the
appropriate workforce, structures, systems and protocols in place to underpin rigorous
investigations conducted jointly with the Australian Federal Police (AFP). We have made
good progress, laying solid foundations in a few short months.
Our team is drawn from multiple government agencies, state police services and the AFP -
this diversity reflects a truly national effort and will be central to the success of the OSI.
Some of Australia’s most experienced investigators and analysts are undertaking this
challenging work in a complex operating environment.
4We have forged relationships with stakeholders and developed strong partnerships,
particularly with the AFP, buttressing our ability to progress our work as expeditiously
as possible while ensuring the integrity of investigations and any future prosecutions.
We remain alert to changes in the international landscape and the potential effects on our
work, and maintain a close eye on a broader range of risks, while implementing appropriate
controls to manage them.
It is a privilege to present the OSI’s inaugural Corporate Plan – it reaffirms our commitment
to fulfilling our role in the Australian Government’s response to the Inspector-General of
the Australian Defence Force (IGADF) Afghanistan Inquiry Report. I look forward to seeing
our objective realised.
Statement of preparation
I, as the accountable authority of the OSI, am pleased to present the 2021–22 Corporate
Plan. This covers the period 2021–22 to 2024–25 as required under paragraph 35(1)(b) of the
Public Governance, Performance and Accountability Act 2013.
Chris Moraitis PSM
Director-General
Office of the Special Investigator
Office of the Special Investigator | 2021–22 Corporate Plan 5OUR PURPOSE
To ensure Australian law and principles of justice are upheld through investigating, with the
Australian Federal Police (AFP), activities of Australian Defence Force (ADF) personnel in
Afghanistan from 2005 to 2016, and referring alleged criminal offences related to any breaches
of the Laws of Armed Conflict for prosecution.
Our key activities
Review
Review the findings of the Inspector-General of the
Australian Defence Force (IGADF) Afghanistan Inquiry and
other incoming information relevant to our mandate.
Investigate
Work with the AFP to investigate allegations of criminal
conduct related to any breach of the Laws of Armed Conflict
by members of the ADF in Afghanistan from 2005 to 2016.
Refer
Develop briefs of evidence in respect of any offences that
are established, for referral to the Commonwealth Director
of Public Prosecutions (CDPP).
Other tasks
Undertake other relevant tasks the Prime Minister and the
Minister require from time to time.
6OUR STRUCTURE
Chris Moraitis PSM
Director- The Director-General is responsible for strategic
oversight and leadership of the OSI, and is
General
accountable for matters of governance, budget
and broader management.
The Hon Mark Weinberg AO QC
Special The Special Investigator’s role is to review the findings of
the IGADF Afghanistan Inquiry Report and to provide
Investigator
advice and recommendations on investigative strategies,
prioritisation and the referral of briefs to the CDPP.
Ross Barnett APM
Director of The Director of Investigations is responsible for the
Investigations strategic management, coordination and leadership of
the joint investigations with the AFP.
Office of the Special Investigator | 2021–22 Corporate Plan 7OUR CULTURE
Our culture is enriched by diversity, with our staff being drawn from state and territory police
services and from various Australian Government agencies. We are united in our key objective to
ensure a fair, thorough, impartial and independent investigative process within Australia’s legal
system and through our shared values, outlined below.
Collaboration
We collaborate and work cooperatively with our key partners and other
portfolio agencies to achieve our purpose. We work closely with a wide
range of stakeholders, engaging meaningfully, building strong relationships,
and upholding a unified approach.
Integrity
We act with integrity in everything we do, holding ourselves to the highest
standards of fairness and transparency. We are accountable and act ethically.
Commitment
We undertake our work with dedication and commitment to achieve our purpose.
Excellence
We strive for excellence, promoting a culture of continuous improvement.
We are driven to harness our collective skills and knowledge to deliver outcomes.
Fairness
We conduct our work with fairness, ensuring we apply impartiality in the way
we approach issues, make decisions and interact with people.
Trust
We strive to earn the trust and confidence of the Australian public and our
stakeholders through honesty, transparency and fairness. We are committed to
building understanding of our work by those interested and affected. We are
committed to a privacy-focused culture which values personal information and
we treat personal information as a valuable business asset to be respected and
managed in accordance with the Privacy Act 1988.
Respect
We treat others with respect and value diversity and inclusivity in our workplace.
8OUR OPERATING CONTEXT
The establishment and progress of the OSI demonstrates Australia’s resolve to thoroughly and
independently investigate, and where appropriate prosecute, allegations of criminal offences
arising from or related to any breaches of the Laws of Armed Conflict by members of the ADF
in Afghanistan from 2005 to 2016.
Our operating environment is dynamic and evolving; international and domestic events shape
and influence our work. The nature of our task is finite and, conscious of not adding to the burden
of any of those affected, we will undertake our work as expeditiously as possible. Having said
this, we must take the time needed to ensure our process is appropriately thorough and robust,
and will operate for as long as required to get it right.
Environment
Understanding our environment helps us to leverage our relationships, people and systems to
achieve our purpose. The following key aspects of our environment are important to our work:
Legislative environment
The OSI does not have its own specific enabling legislation; instead, our authority to act is
derived from the functions specified in the Order signed by the Governor-General on
10 December 2020 to establish the OSI as an independent Executive Agency under the
Public Service Act 1999.
The Order establishing the OSI states, among other things, that we are to work jointly with the
AFP in investigating allegations of breaches of the Laws of Armed Conflict by ADF personnel in
Afghanistan between 2005 and 2016.
Our work is focused on ascertaining whether any actions of the ADF personnel amount to war
crimes under Australian law. War crimes offences are contained in Division 268 of Australia’s
Criminal Code 1995 (Cth)1.
1 www.legislation.gov.au/Details/C2020G01030
Office of the Special Investigator | 2021–22 Corporate Plan 9Legislative amendments
On 19 May 2021 the Inspector-General of the Australian Defence Force Regulation 2016 (the
Regulation) was updated to expressly provide that the Inspector-General of the ADF (IGADF)
may disclose information relating to the IGADF Afghanistan Inquiry to the OSI. The amendment
also ensures the IGADF can disclose IGADF Afghanistan Inquiry information to the Australian
Government Solicitor (AGS) for the purposes of the Special Counsel function established within
AGS to review the material for the OSI (explained further below). In addition, the amendment
enables the IGADF to disclose IGADF Afghanistan Inquiry information to the AFP, with which the
OSI is jointly investigating allegations of criminal conduct by ADF personnel.
The changes to the legislative environment pursued by the OSI jointly with the Department of
Defence, which administers the Regulation, ensures that IGADF Afghanistan Inquiry information
can be lawfully disclosed to the OSI and the AFP for investigative purposes.
Use of statutory notice powers by IGADF Afghanistan Inquiry
The IGADF Afghanistan Inquiry was not a criminal investigation. Rather, it was an
independent statutory inquiry. During the course of the IGADF Afghanistan Inquiry some
information was obtained using statutory notice powers to compel individuals to provide
information to the Inquiry.
If an individual is to be charged with criminal offences, evidence obtained under compulsion –
and any other evidence derived from it – will be inadmissible in the criminal proceedings against
the individual who provided it. An accused person also has other fundamental rights within the
criminal justice system, such as the privilege against self-incrimination and the broader right
to silence. Our investigators - and others involved in this process - must take care to respect
these rights.
To help protect these rights and the integrity of investigations and any future prosecutions,
we have engaged the AGS to perform a Special Counsel function. The Special Counsel
team is advising us on the legal principles guiding access to, and use and management of,
information obtained by the IGADF Afghanistan Inquiry. The Special Counsel team is
undertaking a quarantined review of the IGADF Afghanistan Inquiry information as part
of providing that advice. The Special Counsel will have an ongoing role in supporting us,
including reviewing information relevant to new allegations – beyond those contained in the
IGADF Afghanistan Inquiry report – where necessary.
10Cooperation
The nature of our work means that our purpose can only be achieved with the support and
cooperation of our key partners. This section lists our partnerships and their importance to
our work.
Australian Federal Police
The OSI is working closely with the AFP to jointly investigate allegations of criminal conduct
by ADF personnel in Afghanistan between 2005 and 2016. We are securing experienced
investigators and intelligence analysts from the AFP. We are also drawing experienced
investigators and intelligence analysts from state police services and relevant government
agencies, who are being sworn in as AFP Special Members. The AFP Commissioner will
maintain operational oversight over the joint investigation.
Australian Government Solicitor
The Special Counsel function within AGS will have an ongoing role to advise us on access to,
and use and management of, information obtained by the IGADF Afghanistan Inquiry, and will
undertake a quarantined review of all IGADF Afghanistan Inquiry material, and new material
where necessary. This function will ensure OSI investigators only have information that can
lawfully be obtained and used for investigative purposes.
Department of Defence
We have established a strong and effective working relationship with the Department of Defence,
including with the IGADF, to ensure we have access to the information, background and
expertise necessary to undertake our work.
Commonwealth Director of Public Prosecutions
One of our key activities is to develop briefs of evidence for referral to the CDPP. We have a strong,
effective working relationship with the CDPP in light of the CDPP’s future role in the matters within
the scope of the OSI’s functions. The CDPP will make its prosecution decisions independently of
us and the AFP, and in accordance with the Prosecution Policy of the Commonwealth2.
2 www.cdpp.gov.au/prosecution-process/prosecution-policy
Office of the Special Investigator | 2021–22 Corporate Plan 11Department of Home Affairs
The Department of Home Affairs supports the OSI by providing certain corporate, Information
and Communications Technology (ICT) and other enabling services. This supports us to meet
our statutory responsibilities (including under the Public Governance, Performance and
Accountability Act 2013, Work Health and Safety Act 2011, Privacy Act 1988 and Freedom of
Information Act 1982), whilst maintaining a focus on our core responsibilities.
Capabilities
Our capabilities are enhanced by leveraging those of our key partners, and in collaboration with
them we monitor, assess and adjust to changes in our operating environment.
Our staff
Our staff have been selected for their skills, experience and agility, and are fundamental to
our success. We have adopted a collaborative and multi-jurisdictional approach to secure
appropriately skilled investigators and intelligence analysts from the AFP and state police
services. The remainder of our workforce is comprised of legal, policy, governance,
corporate and support staff, many of whom are seconded from other Australian
Government agencies. We value the diversity and the unique skills our staff bring to our
workplace, particularly their ability to navigate complexity and to carve out a path through
an uncertain environment.
We support our staff through learning and development opportunities, including
specialised training. In conjunction with the AFP, we have designed a course specifically
for our investigators and intelligence analysts to support them to manage the unique
challenges of OSI’s work. We support a range of other learning and development
opportunities for our staff because we are committed to excellence and investing in our
greatest asset.
The wellbeing of our staff is important and we offer a range of resilience and wellbeing
support services through our key partners – the AFP and the Department of Home
Affairs. This includes a work-based intervention program designed to enhance the
physical, emotional, mental and general psychological wellbeing of our staff, including
support services for their immediate family members, and access to counselling and
chaplain services.
12Our systems
Our ICT architecture, which includes corporate applications and physical hardware,
is hosted by the Department of Home Affairs. This is complemented by AFP systems to
support case management and other investigation functions.
With support from our key partners, we are focused on safe and secure storage of our
information with appropriate monitoring capabilities, ensuring we can demonstrate the
integrity of our information.
Our systems and applications are user-centric and stable, supporting our staff to undertake
their work, irrespective of whether they are in the office or working remotely.
Office of the Special Investigator | 2021–22 Corporate Plan 13OUR PERFORMANCE
FRAMEWORK
Performance framework
Our 2021–22 Performance Framework is designed to assess our ability to deliver on our purpose
and aligns with the Commonwealth’s requirements as defined under the Public Governance,
Performance and Accountability Act 2013. It sets out how we will fulfil our purpose and measure
our achievement through our:
Key activities
Key activities are the programs of work that we will undertake to
achieve the purpose of the OSI.
Performance measures
Performance measures define how we will evaluate our performance
for effectiveness.
Performance metrics
Performance metrics outline the specific actions we will take to achieve
our purpose.
Our framework defines our performance measures and metrics that can be used across future
reporting documents and cycles.
This Corporate Plan adjusts the performance measures and metrics that were presented in the
2021–22 Portfolio Budget Statements. Our work is constantly evolving and we are committed to
continually improving the way we present performance information to the public and the
Parliament, ensuring it is meaningful and achieves an appropriate level of public accountability.
14Performance measures
We use a range of qualitative and quantitative metrics to assess our performance, to ensure
an appropriate balance in our reporting information, and to enable an objective assessment
of our achievements.
Our work and operating environment are complex and accurately measuring our impact and
providing specific targets can be challenging as a newly established agency. Some quantitative
performance measures, such as the number of successful prosecutions, are not appropriate
for measuring our success because we are unable to control such outcomes. Instead, our
performance measures have been built around our broader process, which has three
distinct phases:
OSI process
Review of information
Phase 1 Assess all IGADF Afghanistan Inquiry information and ensure
investigators only receive information that can lawfully be used in
an investigation.
Investigate
Investigate with the AFP the commission of criminal offences
Phase 2 under Australian law arising from or related to any breaches of
the Laws of Armed Conflict by members of the ADF in Afghanistan
from 2005 to 2016.
Prepare briefs of evidence
Phase 3 Develop briefs of evidence in respect of any offences that are
established, for referral to the CDPP.
Quantitative analysis is an important tool for assessing and reporting on our performance.
As a new agency establishing its operations, reliable and meaningful data sets to accurately
measure our performance can be difficult to source. Accordingly, where meaningful data sets
are available these have been used for quantitative analysis. We also use a range of other
sources of information in a qualitative sense to illustrate our contribution and demonstrate
our performance.
Office of the Special Investigator | 2021–22 Corporate Plan 15KEY ACTIVITY 1
Review
Review the findings of the
IGADF Afghanistan Inquiry and
other incoming information
relevant to our mandate.
16Performance Measure Performance Metric Period
Performance Measure 1 Performance Metric 1.1 2021–25
Evidence that the OSI has Ongoing management of Special Counsel
established appropriate function to independently review materials to
structures, systems and determine their appropriateness for use in
capabilities to receive and OSI/AFP joint investigations.
review incoming material,
and is using and adhering to Performance Metric 1.2 2021–25
these processes. Ongoing management of OSI systems and
processes to review new materials to
determine their appropriateness for use in
OSI/AFP joint investigations.
PBS links: Outcome 1, Program 1.1: Independent Investigation
Evaluation of the performance metric will be undertaken by the Director General on a
quarterly basis. The evaluation will be supported by the OSI’s Internal Auditors, who provide
independent advice on whether the OSI has established appropriate internal controls.
Office of the Special Investigator | 2021–22 Corporate Plan 17KEY ACTIVITY 2
Investigate
Work with the AFP to investigate
allegations of criminal conduct
related to any breach of the
Laws of Armed Conflict by
members of the Australian Defence
Force in Afghanistan between
2005 and 2016.
18Performance Measure Performance Metric Period
Performance Measure 2 Performance Metric 2.1 2021–25
Evidence that the OSI has an The timely recruitment and training of
appropriate investigative appropriately skilled and experienced
team in place, a structured investigators:
partnership with AFP for • Tranche 2 – second quarter of 2021–22
jointly managing the
• Tranche 3 – if required, by the fourth quarter of
investigations (including 2021–22.
appropriate oversight
mechanisms), and that Performance Metric 2.2 2021–25
active investigations have Commence investigations from the first
commenced. quarter of 2021–22 and manage ongoing
investigations.
Performance Metric 2.3 2021–25
Conduct of investigators is in accordance
with established OSI/AFP governance
arrangements.
PBS links: Outcome 1, Program 1.1: Independent Investigation
Linked programs: AFP, Program 1.1: Federal Policing – Investigations
Evaluation of the performance metric will occur through weekly reporting by the Director of
Investigations to the Director-General.
Office of the Special Investigator | 2021–22 Corporate Plan 19KEY ACTIVITY 3
Refer
Develop briefs of evidence in
respect of any offences that are
established, for referral to the
Commonwealth Director of
Public Prosecutions.
20Performance Measure Performance Metric Period
Performance Measure 3 Performance Metric 3.1 2021–25
The OSI compiles briefs of Establish a baseline in 2021–22.
evidence in relation to any
investigations considered
appropriate for referral to the
CDPP for assessment/
prosecution.
PBS links: Outcome 1, Program 1.1: Independent Investigation
Linked programs: AFP, Program 1.1: Federal Policing – Investigations
Evaluation will be determined once the performance metric has been established.
Office of the Special Investigator | 2021–22 Corporate Plan 21OUR RISK OVERSIGHT
AND MANAGEMENT
We operate in a layered, complex and changing environment. Effective risk management is
critical to our future success and is an integral part of our business. We monitor changes in our
environment so we can actively manage strategic risks and harness strategic opportunities.
Our Executive Board has articulated its appetite for risk in relation to our purpose. This is detailed
in the OSI’s Risk Management Framework and Policy, which outlines the responsibilities and
obligations of all staff working within or on behalf of the OSI to manage and report on risk. It also
details our processes for designing, implementing, monitoring, reviewing and continually
improving risk management.
The Risk Framework is consistent with governing legislation and guidance, including the PGPA
Act, the Commonwealth Risk Management Policy, and the Australian and New Zealand
accepted international standard ISO31000:2018 Risk Management – Guidelines.
Our Executive Board takes an active role in the monitoring of risks, existing controls and new
treatments and these are reviewed on a regular basis. Our Audit and Risk Management
Committee provides advice on our system of risk management.
Our strategic risks are outlined in the following table.
22Key strategic risks Risk management strategies
Failure to adequately manage the We communicate and inform our
expectations and perceptions of stakeholders of our purpose and work,
stakeholders, impacting negatively on the including any limitations, to manage
credibility of the OSI and its outcomes. perceptions and expectations around
our work.
The OSI fails to manage known legal risks, We have established the frameworks and
impacting the OSI's ability to deliver engaged the appropriate legal expertise to
outcomes. inform and guide our work on managing
legal risks.
Inter-agency relationships are not We engage actively and regularly with our
adequately developed and/or managed, key partners to develop and maintain
impacting OSI's ability to deliver a close relationships and discuss progress
thorough and successful investigation. and any challenges to achieving our
purpose.
Shared services arrangements are not We have an agreed understanding with
developed and managed adequately, our partners on the parameters for
impacting the OSI's ability to deliver delivering key services and the processes
outcomes. for resolving conflicting priorities, largely
reflected in written arrangements.
The OSI does not engage, manage or Our values, training, integrity and
appropriately support a suitable and governance frameworks ensure our staff
unified workforce or manage other work in a unified manner and our
resources in order to deliver outcomes. resources are managed in accordance
with our work priorities.
Office of the Special Investigator | 2021–22 Corporate Plan 23You can also read
