15/5/03
Legislation to abolish the Anti-Corruption Commission (ACC) and replace it with a powerful new corruption and crime watchdog was today introduced to State Parliament.
Attorney General Jim McGinty said the Corruption and Crime Commission (CCC) would have all the powers of a Royal Commission to investigate alleged corruption by police and public officers, as well as organised crime. This included:
- compelling witnesses to give evidence;
- conducting integrity tests and controlled operations; and
- using assumed identities.
The substantial powers provided under the Government's tough anti-gang laws passed by the Parliament last year to target Outlaw Motor Cycle Gangs and other organised crime groups would also be transferred to the CCC.
The commission would be responsible for supervising the use by police of those exceptional powers - which include enhanced powers to enter, search and detain without a warrant - and would also oversee hearings into organised crime allegations.
Mr McGinty said the legislation provided hefty penalties for anyone seeking to hinder the CCC - such as giving false testimony, bribery of witnesses, destroying evidence and victimisation of people assisting the commission.
Most offences carry penalties of up to five years' imprisonment and a fine of up to $100,000.
As well as the extensive new powers, Mr McGinty said the CCC would be substantially better resourced than the ACC, with a budget of about $21million in 2003-04, more than double that of the ACC.
"The bottom line is that under the new regime it will become very difficult for police and public officers to be corrupt and get away with it," the Attorney General said.
"It will also be much harder for organised crime groups to thumb their noses at the law.
"The combination of the CCC plus the Government's new whistleblower laws to protect people who expose corruption will provide a formidable armoury in the fight against corruption."
Mr McGinty said the Kennedy Royal Commission had been a wake-up call for most Western Australians about what could occur when proper safeguards were neglected.
He said the creation of the CCC was based on recommendations from the Kennedy Royal Commission about the practices and processes needed in WA to both investigate and deter corrupt practices.
Because of its extensive powers, Mr McGinty said it was essential the CCC was made fully accountable.
To that end, an independent parliamentary inspector would be appointed to watch over the CCC and report to Parliament.
The inspector would have unlimited access to all CCC information, including operational matters, and for the purposes of his or her inquiries, would have all the powers, protections and immunities of a Royal Commission.
A joint parliamentary committee would also monitor the activities of the CCC.
Mr McGinty said one of the biggest failings of the ACC was that everything it did had to be kept secret, leaving the community wondering if it was achieving anything.
"The fact that the CCC will be able to conduct open hearings similar to a Royal Commission will be extremely important in rebuilding public confidence," he said.
"Similarly, the overly cautious rules which stopped people even being able to say that they had referred a matter to the ACC - or risk being imprisoned - have been scrapped."
The Attorney General said the Government intended that the CCC should be operational by August when the Kennedy Royal Commission completed its work.
"Achieving that timeframe will depend on us receiving strong co-operation within the Parliament so that debate is not bogged down in filibuster and time-wasting," he said.
"How the major parties react to that challenge will show just how serious they are about routing out corruption in WA."
Attorney General's Office - 9220 5000