Police Royal Commission to get increased investigative powers

14/4/02
Legislation will be introduced within weeks to substantially strengthen the powers of the Royal Commission investigating allegations of corrupt or criminal behaviour by Western Australian police officers.
Premier Geoff Gallop said the supplementary powers were requested by Commissioner Geoffrey Kennedy to ensure the Royal Commission was not hampered in its investigations and had access to all modern investigatory tools and techniques.
This included the use of surveillance and the ability to conduct undercover operations.
Similar powers were given to the Wood Royal Commission in NSW, the Fitzgerald Inquiry in QLD, the Police Integrity Commission in NSW and the Independent Commission against Corruption in NSW.
Dr Gallop said the new powers would enable the Royal Commission to:

• authorise the use of assumed identities and require public authorities to provide documentation or make appropriate entries in registers or records to support the assumed identity;

• authorise participation in covert operations to obtain evidence of corrupt or criminal conduct, even where the activity would otherwise be unlawful;

• authorise covert operations designed to test the integrity of particular police officers;

• publish or communicate any record of private conversation or private activity obtained from surveillance devices;

• issue an arrest warrant for any person it believes will not otherwise attend a hearing or is preparing to leave the State. (A detained person may apply to the Supreme Court to review a decision);

• impose conditions on witnesses to ensure their attendance at hearings, such as requiring they provide sureties, surrender passports or report regularly. (Affected witnesses may apply to the Supreme Court to review the decision); and

• enter and inspect any premises used by a public authority or public officer and take copies of documents.

Dr Gallop said the additional powers were extensive but essential if the Royal Commission was to properly carry out its functions.
"The Royal Commission has a huge task before it, and we must ensure it is not restricted in its ability to vigorously investigate any allegations of corruption or criminality that come before it," he said.
"The powers being proposed are based on best practice corruption investigation within Australia. They demonstrate just how serious my Government is about rooting out police corruption."
Dr Gallop said the additional powers would only be available for the duration of this Royal Commission.
Premier's office: 9222 9475