A parliamentary question challenges the Attorney General's claims about the CCC's power in fighting organised crime, questioning its limited role and failure to expand its powers. The Attorney General defends the CCC's focus on public sector corruption and cites police preference for handling organised crime.

AnsweredQoN 181Legislative Assembly
Asked
8 May 2007
Portfolio
Attorney General

QuestionView source ↗

CORRUPTION AND CRIME COMMISSION - POWERS
I refer the Attorney General to his second reading speech on the Corruption and Crime Commission Bill on 15 May 2003, in which he said that this bill will provide Western Australia with one of the most powerful crime and corruption-fighting bodies in Australia, and to a similar statement made on 22 November 2006, in which he said that the CCC is now the most powerful and toughest anticorruption agency in the nation. (1) Why did the Attorney General make those statements when, because of the Corruption and Crime Commission’s limited powers to target organised crime, they are simply not true? (2) Why did the Attorney General want the Corruption and Crime Commission to play such a limited role in fighting organised crime? (3) Why has the Attorney General failed to expand the powers of the CCC to investigate organised and serious crimes committed by bikie gangs, ethnic gangs and paedophiles, as is the case under Queensland’s crime and corruption body? Mr J.A. McGINTY

AnswerView source ↗

(1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
(1) Why did the Attorney General make those statements when, because of the Corruption and Crime Commission’s limited powers to target organised crime, they are simply not true? (2) Why did the Attorney General want the Corruption and Crime Commission to play such a limited role in fighting organised crime? (3) Why has the Attorney General failed to expand the powers of the CCC to investigate organised and serious crimes committed by bikie gangs, ethnic gangs and paedophiles, as is the case under Queensland’s crime and corruption body? Mr J.A. McGINTY replied: (1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
(2) Why did the Attorney General want the Corruption and Crime Commission to play such a limited role in fighting organised crime? (3) Why has the Attorney General failed to expand the powers of the CCC to investigate organised and serious crimes committed by bikie gangs, ethnic gangs and paedophiles, as is the case under Queensland’s crime and corruption body? Mr J.A. McGINTY replied: (1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
(3) Why has the Attorney General failed to expand the powers of the CCC to investigate organised and serious crimes committed by bikie gangs, ethnic gangs and paedophiles, as is the case under Queensland’s crime and corruption body? Mr J.A. McGINTY replied: (1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
Mr J.A. McGINTY replied: (1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
(1)-(3) The Corruption and Crime Commission, in its three years of operation, has done a remarkably good job in exposing misconduct and corruption in the public sector in this state. It is an organisation that the Opposition would never have survived under, because of the way in which the Opposition operates. I think we all can be appreciative of the very important work that is being done by the CCC in rooting out corruption and misconduct in the public sector. When the CCC legislation was passed and came into operation a little over three years ago, it was always intended that the primary role of the CCC would be in respect of public sector corruption and misconduct. It was always envisaged that it would play a limited role, at the instigation of the police, in respect of organised crime activities. That was the will of the Parliament, and what was passed by this Parliament; that is, that the CCC would play a limited role, principally in targeting outlaw motorcycle gangs and certain high-level organised crime activities. Its function was defined by certain crimes - that was what limited the role of the CCC - because this was an area of traditional policing activity. The police took the view that they wished to continue to - Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
Ms S.E. Walker interjected. The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
The SPEAKER : Order, member for Nedlands! Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.
Mr J.A. McGINTY : The police took the view that it was their area of responsibility to investigate organised crime and that they would undertake to do that. There have been some shortcomings shown as a result, particularly, of court challenges. The capacity of the CCC to compel people to give evidence, or be charged with contempt if they do not, was shown in a Supreme Court decision to have shortcomings. There are other issues involving the CCC in which it has been suggested that the range of crimes the CCC might investigate should be expanded. Both the joint committee and the former commissioner of the CCC have made recommendations that certain other crimes not currently listed on the schedule in the Corruption and Crime Commission Act as invoking the organised crime jurisdiction of the CCC ought be added to it. I have indicated publicly that that will be done. The government has recently appointed Gail Archer, a barrister practising in Western Australia, to conduct the statutory review that is required of the CCC legislation. She has commenced that job and will conclude it during the course of the year. I look forward to her findings and recommendations, which will no doubt take into account the views of Len Roberts-Smith, the newly appointed commissioner of the CCC.

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