Wilson Margaret: Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill — First Reading 
Wilson Margaret: Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill — First Reading 
[Volume:616;Page:12099] 
Hon MARGARET WILSON (Acting Minister of Justice)  
on behalf of the 
Minister of Justice 
: 
 I move  
That the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill be now read a first time. 
 It is my intention to move that the bill be referred to the Law and Order Committee for consideration with a report-back date of not later than 3 May 2004 and that the committee have the authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 191 and 194(1)(b) and (c). 
The commission of inquiry into police conduct has been given the task of inquiring into the adequacy of investigations carried out by the police on behalf of the authority with regard to complaints alleging sexual assault by members of the police and their associates. An urgent legislative amendment is required to the Police Complaints Authority Act to allow the commission to fulfil its terms of reference. 
 Investigation files held by the Police Complaints Authority are currently subject to blanket secrecy provisions. This is likely to include information gathered by police conducting investigations on the authority’s behalf. These secrecy provisions in the Act exist for good reason and must be retained. They allow the authority to obtain frank information from members of the public and the police during its investigations. Information that might be self-incriminating personally embarrassing or be feared to invite retribution might therefore be withheld if confidentiality was not assured. However it is the view of the Government the police and the commission of inquiry itself that the commission’s task will be hampered by its inability to consider authority files. It is vital for public confidence in the commission the police and the authority that this impediment be removed. 
The extent to which the Police Complaints Authority Act secrecy provisions may hinder the commission is to be the subject of a hearing on 8 April. However the Government has decided to introduce this bill ahead of this hearing in order to provide an assurance to the public that the commission will be able to carry out its mandate in full. It is also important to prevent any possible delays in the inquiry—delays that would not be fair to the complainants who need to see these matters concluded as quickly as is reasonable. This bill therefore provides an exception to the secrecy provisions to enable certain types of information to be disclosed to the commission. The public will be able to consider this bill through a select committee process including any potential privacy concerns. Necessity dictates that the select committee period be truncated to allow the commission access to this information as soon as possible. As I have already said it is important to avoid possible delays in the inquiry. The privacy interests of the individuals police officers members of the public including complainants in cases of alleged sexual offending who have provided information must be taken into account. 
Commissions of inquiry have the same powers as are available to courts to protect witnesses. These powers may be able to be exercised to address the privacy interests of individuals. The bill will be limited in scope to allow for evidence to be provided only for the current commission of inquiry into police conduct. It will not apply to any future commissions of inquiry. The bill will come into force on the day after it receives the royal assent and expire 1 year after the commission finally reports to the Governor-General. The expiry date will cover any possibility that further material is required for any subsequent proceeding such as a redirection from the Government back to the commission. 
Part 2 sets out the exception to the secrecy provisions to allow the authority to disclose any matter other than a restricted matter to comply with the direction from the commission. A member of the police who was involved in investigating a complaint is also able to disclose any matter other than the restricted matter in evidence before the commission. The existing prohibition on the authority and any staff member from appearing in any proceedings of a judicial nature remains. In conclusion the objective of this bill is to amend certain provisions of the Police Complaints Authority Act to ensure they do not prevent the current commission of inquiry from gaining access to information needed to carry out its functions. It is vital there is public confidence in the commission the authority and the police. This legislation assists in achieving that. I commend this bill to the House.