Australian Government Investigations Standard

No, AGIS does not have a date whereby implementation must be completed.  Rather entities should start a proactive implementation plan and prioritise actions/requirements to meet the standard where possible in a reasonable timeframe.  If not possible, it becomes a documented decision that is auditable.

AGIS is designed to be a risk control for investigations capability. The consequences of not taking up the new AGIS will include poor quality of investigations, which will have flow on negative effects in relation to successful outcomes and the reputation of entities with prosecutorial bodies, which may also result in a lack of confidence by the Australian Government and Australian public.

Entities will be required to self-asses their compliance with AGIS 2022.  Entities may have enterprise oversight bodies internally that will be part of compliance assessments (i.e. Audit and/or Risk Committees). The Australian National Audit Office (ANAO) will continue to use AGIS 2022 as an auditing tool and provide recommendations on an entities’ implementation and identification of possible gaps.

ISO 9000 is a series of standards in relation to effective quality assurance and the recording of important decisions.  AGIS 2022 aligns via devoted sections and clauses on best practice for quality assurance (including the three lines of defence) and decision making. 

New legislation potentially affecting the investigations operational environment will be assessed to consider if an AGIS review should be conducted. 

There is no dedicated training package available for AGIS 2022.  Entities can request promotional awareness material to assist with briefing executives or investigation teams on AGIS.  The AGIS Review Team can also support Commonwealth entities with individual time in relation to concerns around gaps or compliance.

As AGIS 2022 is a Commonwealth policy, there is no obligation for State bodies or a third party to comply. However, when Commonwealth entities are working with State bodies or third parties in joint arrangements, AGIS obligations should be determined at the start of the investigations planning process. This is especially relevant when managing the Duty of Disclosure.

State investigative bodies and third parties can be determined by the Court as forming part of the prosecution, even when that prosecution is led by a Commonwealth entity. Obligations should be prescribed in the Joint Agency Agreement (JAA) in place for the investigation or otherwise agreed upon and recorded. Investigators should make themselves familiar with Commonwealth disclosure requirements and the applicable State or Territory disclosure requirements.