Premier announces Royal Commission to investigate police corruption allegations

11/12/01
Premier Geoff Gallop today announced the establishment of a Royal Commission into allegations of police corruption in Western Australia.
The Royal Commission was a key election commitment by the Gallop Government in its Fight Against Corruption Policy.
Eminent jurist Geoffrey Kennedy QC has been appointed Royal Commissioner for the 18-month inquiry.
Dr Gallop said the Royal Commission would investigate whether there had been corrupt or criminal conduct by any Western Australian police officer since January 1, 1985.
It would also examine the performance and powers of agencies presently involved in investigating police corruption, and report on any changes needed to State laws or investigative or administrative procedures to better investigate, prevent or expose corrupt or criminal conduct by police officers.
The State Government has initially allocated $15million for the Royal Commission.
Dr Gallop said Mr Kennedy, who recently retired as a senior Supreme Court Judge, was a person of great integrity, with one of the finest legal minds in WA.
"He commands enormous respect and I am very pleased that a person of his stature has agreed to take on this task," the Premier said.
"It is essential we restore public confidence in the Police Service and this will best be achieved through a comprehensive examination of allegations relating to criminal or corrupt conduct.
"In some cases, serious allegations have persisted many years after an event, and the Terms of Reference ensure that matters from as far back as 1985 can be examined.
"This is a substantial time frame that provides considerable flexibility for the Royal Commission, yet recognises that investigations cannot be open-ended. Our primary goal must be to identify ways to prevent or effectively deal with problems in the future."
Dr Gallop said Mr Kennedy, a Rhodes Scholar, was the second most senior Supreme Court Judge in WA for more than a decade until his retirement in September this year.
He has previously served as a Royal Commissioner, when appointed chairman of the three commissioners who conducted the 1992 WA Inc Royal Commission into allegations of corrupt, illegal or improper conduct within government.
Dr Gallop said the Police Royal Commission would commence in March 2002, and was due to report on August 31, 2003.
He said the previous government had undermined public confidence in the Police Service by ignoring repeated calls for a comprehensive and wide-ranging public inquiry.
"For too long, the reputation of our Police Service has been tarnished by persistent allegations, and indeed instances, of serious corruption," Dr Gallop said.
"We need to clear the air once and for all and let our Police Service get on with the job of protecting the community.
"This long overdue inquiry is needed not only to root out corrupt officers and practices, but also to protect the reputation and public standing of all honest and hard working police men and women."
Premier's office: 9222 9475

TERMS OF REFERENCE

By this commission under the Public Seal of the State issued with the advice and consent of the Executive Council, I, the Governor -
1. appoint you to be a Royal Commission to inquire into and report on whether since 1st January 1985 there has been:
(a) corrupt conduct; or
(b) criminal conduct.
by any Western Australian police officer.
2. Declare that the phrases in clauses 1(a) and (b) include, but are not limited to, the meanings given to them by section 3 of the Anti-Corruption Commission Act (1988).
3. Require you to inquire into and report on the effectiveness of existing procedures and statutory provisions in investigating and dealing with the conduct of the kind referred to in clause 1 by police officers.
4. Require you to inquire into and report on whether changes in the laws of the State or in investigative or administrative procedures are necessary or desirable for the purpose of investigating or dealing with, preventing or exposing, the conduct of the kind referred to in clause 1 by police officers.
5. Declare that you are to inquire into and report on those matters which you consider significant to the extent practicable in the time available to the Commission.
6. Declare that you are to report by 31 August 2003.
7. Declare that, by virtue of this commission, you may in the execution of this commission do all the acts, matters and things and exercise all the powers that a Royal Commission may lawfully do and exercise, whether under the Royal Commissions Act 1968 or otherwise.
8. Declare that section 18 of the Royal Commissions Act 1968 applies to this Commission.
9. Declare that in conducting the inquiry you may:

9.1 do anything that you consider appropriate in order to avoid prejudice to pending or prospective criminal proceedings, including taking evidence or otherwise proceeding in private, precluding the publication of evidence or deferring the taking of evidence; and
9.2 during the course of the inquiry refer any matter to an appropriate authority, where you consider that delaying that action until the completion of your report would be undesirable.

HON GEOFFREY ALEXANDER KENNEDY QC

AO, BA, LLB (First Class Honours) (Univ of Western Australia), BCL (First Class Honours) (Oxon), Hon LL.D Univ of Western Australia.
Educated Scotch College, Swanbourne; University of Western Australia; Wadham College, Oxford University.
Full Blue for Hockey, UWA, 1954; Member Australian Universities Hockey Team, 1954.
Western Australian Rhodes Scholar, 1955.
Partner in Robinson Cox & Co, Solicitors, Perth, Western Australia, 1958-1975.
Member of Independent Bar, Western Australia, 1976-1981.
Queens Counsel, 1977.
Judge of Supreme Court of Western Australia since 1981, Senior Puisne Judge since 1991. Retired September 2001.
Officer of Order of Australia, 1991.
Trustee, Western Australian Museum, 1969-1991; Chairman, 1984-1991; Fellow of Western Australian Museum, 1991.
Member of Board, Princess Margaret Hospital for Children, 1970-1988.
Chairman, Scotch College Council, 1974-1983; Life Governor, 1983.
Member of Senate, University of Western Australia, 1976-1998; Pro-Chancellor, 1981-1990; Chancellor, 1990-1998.
Member of Medical Board of Western Australia, 1977-1981.
Chairman of Legislative Review and Advisory Committee (WA), 1978-1980.
Deputy Chairman, National Council of Independent Schools, 1977-1979; Chairman, 1979-1981.
Member of the Judicial System Advisory Committee of the Australian Constitutional Commission, 1986-1988.
Chairman of Queen Elizabeth II Medical Centre Trust, 1988.
Chairman, Royal Commission into Commercial Activities of Western Australian Government, 1991-1992.
Honorary Colonel, Western Australian University Regiment, 1993-1998.