Goff Phil: Independent Police Complaints Authority Amendment Bill — First Reading 
Goff Phil: Independent Police Complaints Authority Amendment Bill — First Reading 
[Volume:606;Page:3668] 
Hon PHIL GOFF (Minister of Justice) 
: 
 I move  
That the Independent Police Complaints Authority Amendment Bill be now read a first time. 
 The bill amends the Police Complaints Authority Act in order to enhance the independence of the Police Complaints Authority. The bill arises from the review of the Police Complaints Authority conducted by the Hon Sir Rodney Gallen at my request. Sir Rodney released his report entitled  
Review of the Police Complaints Authority 
 in October 2000. A perception of and a concern about a lack of independence of the Police Complaints Authority were at the heart of the review.  
I want to emphasise that the decision to review and amend the Act does not reflect overall dissatisfaction with the Police Complaints Authority’s track record. During its 14 years in existence the Police Complaints Authority has done a lot to promote public confidence in police accountability. The overwhelming majority of complaints to the authority have been shown to have been dealt with thoroughly and fairly. The reforms are intended to address the public concern that police investigation of complaints of a serious nature against themselves such as a police shooting is neither independent nor appropriate. It is critical that when serious complaints are made against the police there is no doubt as to the impartiality of the investigations and findings of the Police Complaints Authority.  
The major decision arising out of Sir Rodney’s review is to provide the Police Complaints Authority with an enhanced investigative capacity of its own independent of the police. While the authority already has a statutory authority to conduct its own investigations it lacks the resources to do so. The Independent Police Complaints Authority will be resourced to allow it to investigate itself the most serious complaints against the police rather than reviewing police investigations of their own members. An investigative team of up to six is being established consisting of a team leader investigators and a support person. Last year’s Budget provided $307000 in new money to help establish that team with a further $385000 in additional funding to be provided from the 2003-04 year onwards.  
Sir Rodney noted in his report that the name of the Police Complaints Authority has given rise to misunderstandings about its independence. The fact that investigations of complaints against the police are currently carried out by the police has reinforced that misunderstanding. Renaming the authority the Independent Police Complaints Authority will emphasise its independence while clearly stating the role of the new authority.  
Currently the Police Complaints Authority is a single person appointed by the Governor-General on the recommendation of the House of Representatives. The bill provides for the membership of the Independent Police Complaints Authority to increase to three persons. The chair will be a current or retired judge and will be supported by two other members. Expansion of the authority’s membership will allow representation from the wider community and will thus assist in engendering confidence about its independence. As is the case with the Police Complaints Authority at present all three members of the Independent Police Complaints Authority will be appointed by the Governor-General on the recommendation of this House.  
The bill is divided into three parts. Part 1 changes the name of the Police Complaints Authority Act to the Independent Police Complaints Authority Act. It also specifies that the bill is to come into force on a date to be appointed by the Governor-General by Order in Council.  
Part 2 sets out amendments to the Police Complaints Authority Act. In addition to the two changes referred to above this part inserts provisions to provide for a number of matters relating to administration and to the appointment of members of the authority. Those provisions are consistent with the Government’s Crown entity reforms. There are also amendments relating to the procedure of the authority—for example powers under the Commissions of Inquiry Act are conferred on the authority for the purposes of holding a hearing. In addition provision is made for the disclosure of exculpatory information held by the Independent Police Complaints Authority in limited circumstances to ensure that a person charged with an offence punishable by imprisonment receives a fair trial.  
Part 2 also sets out transitional provisions to facilitate a smooth interface between the old Police Complaints Authority and the new Independent Police Complaints Authority. In particular it provides that when the bill comes into force the existing Police Complaints Authority will become the chairperson of the new Independent Police Complaints Authority. All other employees and officers of the existing authority will be transferred to the Independent Police Complaints Authority.  
Part 3 sets out consequential amendments and repeals required as a result of this bill. All of those amendments are minor and non-controversial.  
In conclusion the objective of this bill is to enhance the independence of the Independent Police Complaints Authority. It is vital that there is full public confidence in the integrity of the investigations of the Police Complaints Authority. This legislation will assist in achieving that. I intend to move that this bill be referred to the Law and Order Committee for consideration.