New South Wales Crime Commission
This article may lend undue weight to certain ideas, incidents, or controversies. (January 2023) |
New South Wales Crime Commission | |
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Common name | NSW Crime Commission |
Abbreviation | NSWCC |
Agency overview | |
Formed | 20 January 1986 |
Preceding agency |
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Employees | 150 |
Annual budget | $23,000,000 |
Jurisdictional structure | |
Operations jurisdiction | New South Wales, Australia |
Constituting instruments |
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Operational structure | |
Headquarters | 453–463 Kent Street, Sydney, Australia |
Agency executive |
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Units | 5
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Website | |
http://www.crimecommission.nsw.gov.au |
The New South Wales Crime Commission is a
In more recent years, the commission has also taken on a charter of assisting with the investigation of terrorism related offences. However, it became the subject of controversy following various allegations relating covert operations, secrecy and absence of defined accountability, and the conviction of an assistant director for serious criminal activities. In August 2011 the NSW Government announced that a Special Commission of Inquiry would be conducted into the NSW Crime Commission. Headed by retired Supreme Court justice David Patten, the Inquiry handed its report to the Government on 30 November 2011. Its findings have been made public. It found no evidence of misconduct or impropriety other than that of the assistant director, whose arrest and conviction could not have been achieved without the investigative work of the Crime Commission.
History
The commission was originally established under the name State Drug Crime Commission by the State Drug Crime Commission Act 1985, the Bill for which was introduced by then
The commission was originally constituted by a Chairman and two other members. The first chairman of the State Drug Crime Commission (SDCC) was Judge John Lloyd-Jones, who was replaced after only four weeks following objection by the legal fraternity to the principle of a judicial officer's presiding over an investigative body. Richard Job,
The name of the commission and its statute were changed in 1990. In that year the Drug Trafficking (Civil Proceedings) Act 1990 (later renamed the Criminal Assets Recovery Act 1990) was enacted and conferred on the commission the role of taking legal action to confiscate the proceeds of crime.
Phillip Bradley was appointed a member in 1989 and became chairman in 1993.[1] In 1996 the office of Chairman was abolished and replaced by the position of Commissioner. Bradley served as the first Commissioner.
The commission established itself as a successful criminal investigation and intelligence agency and a successful criminal asset confiscation agency.
In the period leading up to the 2011 state election, the commission was the subject of several allegations regarding its practices.[1] Those allegations were not sustained.
In February 2011, the Police Integrity Commission (PIC) made a decision to hold a public inquiry into the NSWCC as part of a PIC investigation that had been underway since 2008. The nature of the investigations conducted by the PIC related to the way the NSW Crime Commission managed its asset-confiscation powers. PIC investigations revealed that the commission and lawyers acting for alleged and convicted criminals negotiated legal costs, sometimes in an extremely short timeframe.[2] The Crime Commission took the matter to the Supreme Court.[3] The Commission sought an order quashing (on the ground of legal error by the PIC) the February 2011 PIC decision to hold public hearings, and the Supreme Court agreed and quashed the decision. The commission also sought to narrow the scope of the PIC hearings, and the Supreme Court made such an order, although the narrowing was not as great as the Crime Commission had sought. The controversy expanded as the commission was accused of undermining free speech by demanding records and phones from
Conviction of assistant director
On 11 August 2011, after a five-month trial, a
Standen appealed his conviction and sentence on six grounds. His appeal was rejected on 13 August 2015.[13]
Patten Report
On the same day of Standen's conviction, the NSW Government announced that a Special Commission of Inquiry would be conducted into the affairs of the NSWCC.[11] Handing his report to the NSW Government on 30 November 2011, it was reported that the Special Commissioner, retired Supreme Court justice David Patten, recommended sweeping changes to the NSWCC including to its governance structure, legislation, management of informants, complaint handling, auditing and oversight.[17] The NSW Parliament later passed the Crime Commission Act 2012.
Governance
The functions of the commission are discharged by its Commissioner, two Assistant Commissioners and staff.
The commission is overseen by the New South Wales Crime Commission Management Committee, which consists of:[1]
- the Independent Chairperson, presently David Patten
- the Commissioner of NSW Police, presently Karen Webb APM.
- the Chair of the board of the Australian Crime Commission, presently Tony Negus
- the Chief Executive Officer of the Ministry for Police and Emergency Services and
- the Commissioner for the New South Wales Crime Commission, presently Peter Cotter APM
Operations
The New South Wales Crime Commission works closely with the NSW Police Force.
See also
References
- ^ a b c d e Besser, Linton; Welch, Dylan (12 February 2011). "The commission that is a law unto itself". The Sydney Morning Herald. Retrieved 15 February 2011.
- ^ Besser, Linton (14 February 2011). "Seized criminal assets go on legal costs". The Sydney Morning Herald. Retrieved 18 May 2011.
- ^ Jacobsen, Geesche (23 February 2011). "Anti-crime bodies at war over inquiry". The Sydney Morning Herald. Retrieved 18 May 2011.
- ^ "NSW Crime Commission demands Fairfax phones". ABC News. Australia. 18 February 2011. Retrieved 18 May 2011.
- ^ "Protection for journalists" (transcript). Media Watch. Australian Broadcasting Corporation. 11 April 2011. Retrieved 18 May 2011.
- ^ Welch, Dylan; Besser, Linton (6 May 2011). "Six more months for secret crime body's boss". The Sydney Morning Herald. Retrieved 18 May 2011.
- ^ "NSW Crime Commission boss to step down". ABC News. Australia. 6 May 2011. Retrieved 18 May 2011.
- ^ Davies, Lisa (18 May 2011). "NSW Crime Commission laid bare in new PIC inquiry". The Daily Telegraph. Australia. Retrieved 18 May 2011.
- ^ Besser, Linton; Welch, Dylan (18 May 2011). "Secretive crime commission to be called to account". The Sydney Morning Herald. Retrieved 18 May 2011.
- PM. Australian Broadcasting Corporation. Retrieved 18 May 2011.
- ^ a b Minus, Jodie (11 August 2011). "Inquiry to follow Crime Commission director's $120m drug bust". The Australian. Retrieved 8 December 2011.
- ^ Wilkinson, Marian (15 August 2011). "Standen: The Inside Man". Four Corners. Australian Broadcasting Corporation.
- ^ a b Hoerr, Karl; and staff (13 August 2015). "Former NSW Crime Commission assistant director Mark Standen loses drug conviction appeal". ABC News. Australian Broadcasting Corporation. Retrieved 13 August 2015.
- ^ Davies, Lisa (11 August 2011). "Top cop Mark Standen found guilty". The Daily Telegraph. Australia.
- ^ McClymont, Kate (8 December 2011). "Downfall of a top crime fighter: Standen gets 22 years for drug plot". The Sydney Morning Herald. Retrieved 8 December 2011.
- ^ "Former top cop jailed for drugs". The Daily Telegraph. Australia. Australian Associated Press. 8 December 2011.
- ^ Besser, Linton; Welch, Dylan (1 December 2011). "Crime Commission deals 'may have been unlawful'". The Sydney Morning Herald. Retrieved 8 December 2011.