New South Wales Crime Commission
Encyclopedia
The New South Wales Crime Commission is an Australia
n statutory corporation
with the main objectives of reducing the occurrence of illegal drug trafficking and organised crime in New South Wales
. In more recent years, the commission has also taken on a charter of assisting with the investigation of terrorism related offences. However, it has become the subject of long-term controversy and concern over questionable covert operations, secrecy and absence of defined accountability, culminating in conviction of an assistant director for serious criminal activities.
after a period of seminal Royal Commission
s, including the Woodward Royal Commission
(1977–1979) and the Costigan Royal Commission
(1980–1984) into drug trafficking, organised crime and tax evasion.
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, QC
succeeded Lloyd-Jones as chairman, and the SDCC sat as a management committee, led by Job together with Barry Thorley, a former judge, and a retired vice-admiral, David Leach.
Phillip Bradley was appointed commissioner in 1989 and became chairman in 1983. In the period leading up to the 2011 state election
, the commission attracted significant public criticism over its practices. In February 2011, Bradley launched legal action against the Police Integrity Commission (PIC)
after it was revealed that the PIC planned to hold a public inquiry into the NSWCC. 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 an extremely short timeframe. To defend its position, the commission took the matter to the Supreme Court
, The controversy expanded as the commission was accused of undermining free speech by demanding records and phones from Fairfax
journalists. With the matter still before the court, on 6 May 2011 the New South Wales Government extended the employment contract of Bradley for a further six months. On 17 May 2011, The court dismissed the commission's application, giving the go-ahead to the Police Integrity Commission to conduct a public inquiry into whether the Crime Commission acted outside the laws that govern the confiscation of criminal proceeds, and whether it had abused some of the processes of the court.
on 2 June 2008 after intensive surveillance and investigation.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n statutory corporation
Statutory Corporation
A statutory corporation or public body is a corporation created by statute. While artificial legal personality is almost always the result of statutory intervention, a statutory corporation does not include corporations owned by shareholders whose legal personality derives from being registered...
with the main objectives of reducing the occurrence of illegal drug trafficking and organised crime in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. In more recent years, the commission has also taken on a charter of assisting with the investigation of terrorism related offences. However, it has become the subject of long-term controversy and concern over questionable covert operations, secrecy and absence of defined accountability, culminating in conviction of an assistant director for serious criminal activities.
History
The commission was established pursuant to the New South Wales Crime Commission Act of 1985, initially the State Drug Crime Commission Act introduced by then state premier, Neville WranNeville Wran
Neville Kenneth Wran, AC, CNZM, QC was the Premier of New South Wales from 1976 until 1986. He was National President of the Australian Labor Party from 1980 to 1986 and Chairman of both the Lionel Murphy Foundation and the Commonwealth Scientific and Industrial Research Organisation from 1986...
after a period of seminal Royal Commission
Royal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
s, including the Woodward Royal Commission
Royal Commission into Drug Trafficking
The Royal Commission into Drug Trafficking or Woodward Royal Commission was a royal commission initiated by the New South Wales Government to investigate drug trafficking in New South Wales, Australia, especially links between the Mafia and New South Wales Police and the disappearance of...
(1977–1979) and the Costigan Royal Commission
Costigan Commission
The Costigan Commission was a controversial Australian royal commission....
(1980–1984) into drug trafficking, organised crime and tax evasion.
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, QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
succeeded Lloyd-Jones as chairman, and the SDCC sat as a management committee, led by Job together with Barry Thorley, a former judge, and a retired vice-admiral, David Leach.
Phillip Bradley was appointed commissioner in 1989 and became chairman in 1983. In the period leading up to the 2011 state election
New South Wales state election, 2011
Elections to the 55th Parliament of New South Wales were held on Saturday, 26 March 2011. The 16-year incumbent Australian Labor Party government led by Premier Kristina Keneally was defeated in a landslide by the Liberal-National coalition opposition led by Barry O'Farrell.New South Wales has...
, the commission attracted significant public criticism over its practices. In February 2011, Bradley launched legal action against the Police Integrity Commission (PIC)
Police Integrity Commission
The Police Integrity Commission was established in 1996 upon the recommendation of the Royal Commission in to the New South Wales Police Service. The commission is a corporation established by the New South Wales Government to prevent, detect and investigate alleged serious misconduct in the New...
after it was revealed that the PIC planned to hold a public inquiry into the NSWCC. 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 an extremely short timeframe. To defend its position, the commission took the matter to the Supreme Court
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, The controversy expanded as the commission was accused of undermining free speech by demanding records and phones from Fairfax
Fairfax Media
Fairfax Media Limited is one of Australia's largest diversified media companies. The group's operations include newspapers, magazines, radios and digital media operating in Australia and New Zealand. Fairfax Media was founded by the Fairfax family as John Fairfax and Sons, later to become John...
journalists. With the matter still before the court, on 6 May 2011 the New South Wales Government extended the employment contract of Bradley for a further six months. On 17 May 2011, The court dismissed the commission's application, giving the go-ahead to the Police Integrity Commission to conduct a public inquiry into whether the Crime Commission acted outside the laws that govern the confiscation of criminal proceeds, and whether it had abused some of the processes of the court.
Conviction of assistant director
On 11th August 2011, after a five-month trial, a NSW Supreme Court jury found powerful former NSWCC assistant director Mark Standen guilty of conspiring to import and supply 300 kilograms of pseudoephedrine, a chemical that could produce $60 million worth of "ice", or crystal methamphetamine. He was also found guilty of perverting the course of justice. In a 30-year career, Standen had risen to prominence in the perceived fight against organised crime in New South Wales, trusted by ministers and police commissioners. He had been arrested by the Australian Federal PoliceAustralian Federal Police
The Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
on 2 June 2008 after intensive surveillance and investigation.
Governance
The Board of the New South Wales Crime Commission consists of:- the Minister for Police, presently Mike GallacherMike GallacherMichael Joseph Gallacher MLC, an Australian politician, is the Minister for Police and Emergency Services, Minister for the Hunter region and Vice-President of the Executive Council in the O'Farrell-Stoner Liberal/National coalitition government since 2011...
- the CommissionerPolice commissionerCommissioner is a senior rank used in many police forces and may be rendered Police Commissioner or Commissioner of Police. In some organizations, the commissioner is a political appointee, and may or may not actually be a professional police officer. In these circumstances, there is often a...
of NSW Police, presently Andrew ScipioneAndrew ScipioneAndrew Phillip Scipione APM is the Commissioner of the New South Wales Police Force in Australia, succeeding Ken Moroney on 31 August 2007.-Personal:... - the Commissioner of the Australian Federal PoliceAustralian Federal PoliceThe Australian Federal Police is the federal police agency of the Commonwealth of Australia. Although the AFP was created by the amalgamation in 1979 of three Commonwealth law enforcement agencies, it traces its history from Commonwealth law enforcement agencies dating back to the federation of...
, presently Tony NegusTony NegusTony Negus, APM, is the current Commissioner of the Australian Federal Police , being sworn in on 7 September 2009 for a five year term.He is the sixth Commissioner of the AFP and the second appointed from within the AFP-Education:...
and - the Commissioner of the New South Wales Crime Commission, presently Phillip Bradley