Note: This page contains links to PDF files. For more information, see the web page on Accessing files.
WHO IS TO GUARD THE GUARDS?
30 November 1991
© Commonwealth of Australia 1991
ISBN 0 644 24079 2 |
View the report as a single document - (PDF 1722KB)
View the report as separate downloadable parts:
|
|
MEMBERSHIP OF THE COMMITTEE |
(PDF 61KB) |
|
GLOSSARY |
(PDF 69KB) |
|
DUTIES OF THE COMMITTEE |
(PDF 38KB) |
|
CHAPTER 1: BACKGROUND TO THE INQUIRY |
(PDF 111KB) |
Decision to Commence the Present Evaluation
Conduct of the Evaluation
Changes at the Authority - Effect on the Evaluation |
CHAPTER 2: OVERVIEW OF THE NATIONAL CRIME AUTHORITY |
(PDF 262KB) |
Creation of the Authority
Structure and Powers of the Authority
Statistical Profile of the Authority - 1984-91 |
CHAPTER 3: THE NATIONAL CRIME AUTHORITY FROM 1984 TO 1990 |
(PDF 323KB) |
Introduction
CHAIRMANSHIP OF JUSTICE STEWART
Committee - Authority Relations
Criticisms of the Authority under Justice Stewart 's
Chairmanship
Investigation team structure
Intelligence gathering and distribution
Development of a defined strategy
Task forces
Law reform and educative functions
The Authority and secrecy
Unsatisfactory results
Assessment of Chairmanship of Justice Stewart
Review of the Authority by Arthur Andersen & Co 1989
CHAIRMANSHIP OF MR FARIS QC
ADMINISTRATION OF THE ADELAIDE OFFICE OF THE AUTHORITY IN 1989
Introduction
Change of Authority Membership - July 1989
Terms of Reference for South Australian Reference No. 2.
ACTING CHAIRMANSHIP OF MR LECKIE
|
CHAPTER 4: THE NEED FOR A NATIONAL CRIME AUTHORITY? |
(PDF 149KB) |
Views that the Authority should be Abolished
Arguments that the Authority Should Continue
The Committee's View
|
CHAPTER 5: FUTURE DIRECTIONS FOR THE NATIONAL CRIME |
(PDF 351KB) |
Future Directions and the Corporate Plan The Authority's Mission Statement
De-emphasising Drug-Related Matters The Emphasis on White-Collar Crime Emphasis on Other Functions - Intelligence Emphasis on Other Functions - Law Reform Cooperation and Coordination Future Directions and Accountability General Reaction to Future Directions Other Matters Conclusions
|
CHAPTER 6: ACCOUNTABILITY - ROLE OF THE COMMITTEE AND |
(PDF 339KB) |
ADEQUACY OF EXISTING ACCOUNTABILITY
MECHANISMS
The Existing Mechanisms
Lessons on Accountability from the Experience to Date
ROLE OF THE INTER-GOVERNMENTAL
COMMITTEE
Structure and Functions
Reasons for Creation of the IGC
Operation of the IGC
THE ROLE OF THE COMMITTEE
Introduction
Abolition of the Committee?
Other Criticisms of the Committee's Performance
MONITORING ROLES FOR OTHER AGENCIES
Resolving Individual Complaints against the Authority
The Privacy Commissioner
Monitoring of Telecommunication Interception Activities
|
CHAPTER 7: ACCOUNTABILITY - THE IMPACT OF SECRECY |
(PDF 365KB) |
INTRODUCTION
SECRECY AND PROVISION OF INFORMATION TO THE COMMITTEE
Scope of the Problem
Need for Reform
Amending Section 55
Amending Section 51
Two options for reform
Option one - removing all restrictions
Disclosure by the Committee
Option two - restricting Committee access to information
PROVIDING INFORMATION TO LAW ENFORCEMENT AGENCIES
PROVIDING MORE INFORMATION TO THE PUBLIC
Authority's Relations with the Media
Secrecy Provisions and the Media
Publication of Post-Operation Reports
The Arthur Andersen Report
Authority Annual Reports
USE OF PUBLIC HEARINGS BY THE AUTHORITY
The Present Position
Arguments for Change
Arguments against Hearings in Public
Committee's Conclusions
|
CHAPTER 8: OTHER MATTERS CONSIDERED BY THE COMMITTEE |
(PDF 466KB) |
Introduction
SECTION ONE : THE SPECIAL POWERS OF THE AUTHORITY
Statutory Provisions
Statutory Protections and Safeguards
Proposed Amendments to the Authority's Special Powers
The Committee's View of Special Powers
Background to the Powers
Special Powers : The View of Law Enforcement Agencies
Special Powers : The Concerns of Civil Liberties Groups
PROCEDURAL AMENDMENTS
A Summons to Appear : The Issue of a Warrant
Non-Disclosure : Amendments to Sections 28 and 29
Amendments to Sections 28 and 29 : The Committee's Conclusion
The Authority's Access to Documents
SUBSTANTIVE AMENDMENTS
The Protection Against Self-Incrimination
The Dual Mode
Continuing Safeguards
Safeguards : The Granting of Indemnities
Submissions Supporting the Privilege
Self-Incrimination : The Authority's View
Self-Incrimination : The Committee's View
Indemnities : The Committee View
PROPOSED NEW POWERS FOR THE AUTHORITY
The Power to Prosecute
The Previous Committee's Position : Prosecutions Power
Arguments Supporting a Prosecution Power
Arguments Against the Prosecution Power
A Prosecution Role : The Authority View
Prosecutions : The Committee View
Civil Confiscation
Civil Confiscation : The Committee View
The Enhancement of General Functions : Special Powers
SECTION TWO : REFERENCES AND SPECIAL INVESTIGATIONS
Introduction
Political Interference with References
Political Interference : The Authority's View
Political Interference : The Committee's View
The Terms of References Granted to the Authority
Committee Conclusion : Terms of Reference
SECTION THREE : AUTHORITY MEMBERSHIP AND STAFFING
The Position of Chairman
Judicial Appointments by the Authority to Conduct Inquiries
The Role of Lawyers in the Authority
Police as Members of the Authority
Director of Investigations
The Authority's Employment of Investigators
Proposed Amendments to Subsection 12(4)
Special Constables
|
LIST OF RECOMMENDATIONS |
(PDF 178KB) |
|
MINORITY REPORT |
(PDF 143KB) |
|
DISSENTING REPORT BY SENATOR SID SPINDLER |
(PDF 95KB) |
|
APPENDIX 1 |
(PDF 100KB) |
|
APPENDIX 3: SUBMISSIONS |
(PDF 69KB) |
|
APPENDIX 4: WITNESSES WHO APPEARED AT PUBLIC HEARINGS |
(PDF 88KB) |
For further information, contact:
Committee Secretary
Parliamentary Joint Committee on the Australian Crime Commission
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
Top
|