A Test of Integrity

Abstract

An integrity test is an anti-corruption measure used by law enforcement agencies. It involves the creation of a situation or condition that is designed to provoke a reaction by the subject of the test. The subject is allowed to perform, or fail to perform, in a manner consistent with departmental and legislative
 requirements. How to best combat law enforcement corruption has been a perennial problem for all modern policing bodies. Australian law enforcement agencies have a chequered past but these experiences have resulted in widespread police reform. Australian law enforcement agencies continually strive to improve integrity standards and have developed a range of methods for preventing and detecting corruption. One of the latest moves to strengthen integrity came in 2006 when the Australian Federal Parliament enacted legislation to establish the office of Integrity Commissioner assisted by the Australian Commission for Law Enforcement Integrity (ACLEI). The Australian Federal Police (AFP) has recently announced they are considering implementing an integrity testing regime. Tests take a variety of forms and can be applied on a targeted basis in response to specific suspicions or randomly across an organisation. Regardless of type, integrity testing is a controversial anti-corruption technique because of its secretive and deceptive nature. Nevertheless, it has become an accepted practice in all Australian jurisdictions, with the exception of the Commonwealth and the Northern Territory, and several international jurisdictions. Integrity testing is, however, a controversial issue. While there is no legal barrier to integrity testing in Australia, judicial consideration of covert police operations has clearly established that investigators must exercise their authority responsibly. For clarity, all Australian jurisdictions have enacted legislation to authorise undercover police operations and New South Wales, Western Australia and Tasmania specifically legislate for integrity testing. Even where integrity tests are authorised by legislation, there are additional ethical and moral concerns. Tests are unfair where they induce a test subject to engage in misconduct or where testing officers use a test for illegitimate purposes. Generally, however, these ethical issues are overcome through proper authorisation and monitoring obligations to ensure the integrity of tests are upheld. There are also practical considerations affecting integrity testing such as who should conduct the test, what is the best use of police resources, who should be subject to integrity testing and how will testing bodies ensure they have the support of employees subject to the regime?