Julian Simmonds (Ryan, Liberal National Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Law Enforcement, I present the committee's report entitled COVID-19, criminal activity and law enforcement.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—I'm pleased to present the report today on behalf of the Parliamentary Joint Committee on Law Enforcement and our inquiry into COVID-19, criminal activity and law enforcement. You only had to read the newspapers last week to appreciate the insidious threat that organised criminal gangs pose to Australian families. As chairman of the Law Enforcement Committee, I want to commend AFP officers for the unprecedented success of Operation Ironside, as detailed last week, which has smashed and disrupted OCGs operating in Australia, with more than 200 arrests, more than 500 charges laid and 3.7 tonnes of drugs, 104 weapons and $44 million in cash and assets seized.

Just as Australians have had to adapt to the challenging circumstances during COVID-19, the committee's report demonstrated OCGs have likewise been resilient in adapting their criminality to suit the COVID environment. For example, the committee heard concerning evidence of OCGs, during COVID lockdowns, when traditional supply chains were disrupted, exploiting the largely unregulated home food delivery industry to distribute illicit drugs. To counteract OCG attempts to exploit the industry and use it to transport illegal drugs, the committee has recommended the government investigate whether clear chains of movement and possession can be established in the home food delivery industry to reduce its potential for exploitation by organised crime groups. While that is an example of the way in which criminal elements have adapted, we are pleased to report there are also positive examples of how law enforcement agencies are adapting as well, with the committee endorsing the greater cooperation between jurisdictions and agencies that has occurred during the COVID-19 pandemic and recommending this continue while the COVID-19 threat remains.

It is clear to the committee that, during COVID-19, criminals took advantage of the increased need for certain products and engaged in distributing and selling counterfeit and substandard pharmaceutical and personnel protective equipment. The online criminal marketplace is extremely adaptable. In April 2020, within weeks of the pandemic starting, a snapshot of the illicit market for COVID-19 related products, conducted by ANU, found 645 listings, including 222 unique listings of COVID-19 related products across 12 markets. While the committee found the government's suppression of the virus and rollout of the vaccine in a free and transparent manner has dampened the marked for fraudulent vaccines and PPE gear, the committee will maintain a watching brief via an open inquiry on these criminal markets and the efforts of our law enforcement agencies to combat them. As the COVID-19 pandemic and response enters subsequent phases, it may indeed open up new markets of fraudulent activities for OCGs related to fake vaccination documentation, forged negative test results, doctored exemption certificates or other COVID related documentation, and this will require constant vigilance.

However, by far the most concerning aspect of the committee's inquiry was the rise of, prevalence of and challenges in relation to online and cyber-related crime. Cybercriminals have demonstrated they are adept at exploiting vulnerabilities and, especially, at impersonating the government by rapidly amending scams to align with government messaging on COVID-19. While the measures put in place by law enforcement and government agencies successfully limited the effectiveness of those scams, it is clear that there is a desperate need for more public education on the prevalence and risk of scams and frauds, and the committee has recommended a further education campaign on this.

The committee is also deeply concerned that there has been a significant rise in online child exploitation during the pandemic. The impact of the COVID-19 pandemic, including movement restrictions and increased online activity and related socioeconomic factors, has amplified the risk of vulnerable children being exploited online. Law enforcement agencies have also warned of the rising use of encrypted communications by OCGs and perpetrators of online sexual abuse. Although the use of encrypted communications by criminals is not new—the recent Operation Ironside has demonstrated this—it shows what an important tool these encrypted communications are to OCGs and how brazen they are on them in coordinating their activities. The committee recommends therefore that the Australian government consider whether new legislation is needed to address the rapidly evolving use of end-to-end encryption and anonymising technology by organised crime groups to ensure greater prospects of successful prosecution of those involved in malicious cyberactivity.

Finally, the committee acknowledges the important and ongoing work of law enforcement agencies to adapt to new responsibilities and duties they've had to face during the COVID-19 pandemic. While law enforcement has risen to this challenge, the committee acknowledges that these extra pandemic duties have stretched law enforcement resources and resulted in delays in other areas of criminal investigation. The committee supports government, state and territory police forces and police representative bodies in exploring potential strategies and arrangements for sharing police workforces nationally to increase their capacity and capability during emergencies.

The committee also believes the proposal of a national police reserve force has merit and could be a solution to the rapid expansion of police forces during a national emergency. We recommend governments at the state and national level collaborate to explore the proposal to establish a reserve force, particularly of retired and former officers, to be utilised in national emergencies to supplement law enforcement resources.

The committee was deeply concerned about reports of malicious acts perpetrated against police and other frontline workers while carrying out their COVID-19 duties, which are potentially exposing those workers to COVID-19. While the transmission of COVID-19 is already a criminal offence under general law provisions in state and territory jurisdictions, the committee has recommended that the Commonwealth, state and territory governments jointly undertake to review and ensure adequate provisions exist to enable offenders to be mandatorily tested if they are knowingly exposing a law enforcement officer to a communicable disease through the act of biting or spitting.

I thank the committee members very much for their time. I acknowledge the deputy chair for her extraordinary work on this as well. Thank you to the witnesses and law enforcement agencies for their participation and to the secretariat staff. I commend the report to the House.

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