Direct link: www.afp.gov.au/sites/default/files/2023-09/Australian-Government-Investigations-Standard-2022.pdf
Responsible agency: Australian Federal Police
Last updated: October 2022
The Australian Government investigations standard (AGIS) establishes a standard for Australian Government entities conducting administrative, civil, or criminal (type) investigations.
Where AGIS is in conflict with any applicable law, the legislative requirement will prevail.
AGIS may apply in full or in part to types and stages of investigations. Entities must consider which investigations have different standards of proof, procedures and investigation requirements.
An investigation can be broadly described as an activity to collect information or evidence to a particular standard of proof related to an alleged, apparent or suspected breach. An investigation gathers information across a broad spectrum to assist entities to determine a course of action, which may also be preventative and/ or disruptive action instead of prosecutorial.
The AGIS does not encompass standards for intelligence and compliance functions (including early intervention). The AGIS acknowledges the existence of these functions across the regulatory and enforcement continuum and as such, each entity should address and take the steps necessary for management of the information, conducting inquiries or assessments, and the use of specific regulatory tools in consideration of all types of investigations.
Applicability
The AGIS is intended to articulate Australian Government policy and is the foundational standard, framing accountability and security for entities conducting investigations relating to the government programs and legislation they administer.
The AGIS acknowledges the unique investigation environments for Australian Government entities and wholly owned Australian Government companies.
Non-corporate entities will be required to comply with AGIS to the extent it articulates Australian Government policy in accordance with the Public Governance, Performance and Accountability Act 2013.
Entities subject to the Public Service Act 1999 are also required to comply on the basis their decisions are in accordance with Australian Government policy.
This AGIS will additionally have application for non-government entities requiring investigation standards for the purpose of providing Australian Government investigation services.
Access the standard
The Australian Federal Police website hosts the Australian Government investigations standard (full text).