Worth Richard: Appointments — Deputy Police Complaints Authority 
Worth Richard: Appointments — Deputy Police Complaints Authority 
[Volume:627;Page:21936] 
Dr RICHARD WORTH (National—Epsom) 
: 
 This is a Government motion to appoint a deputy to the Police Complaints Authority for a term of 2 years. As the honourable Minister of Justice said National opposes this Government motion which seeks to appoint the nominated individual. 
The timing of this appointment is unfortunate because of two particular instances. First the Independent Police Complaints Authority Amendment Bill has not been passed. The bill has a long legislative history. It was introduced on 4 December 2002 referred to the Law and Order Committee on 20 February 2003 and not reported back until 17 November 2003. It is a disgrace that the legislation should have been delayed for as long as that. As members will know the customary report-back period set by default in the Standing Orders is 6 months. The bill languishes on the Order Paper now. I see that yesterday it was in position No. 6 and today it is in position No. 11 awaiting the Committee stage. 
The bill which arose out of a review of the Police Complaints Authority seeks to change the name of the authority to the Independent Police Complaints Authority and to increase the authority’s membership from one to three persons including a chairperson who is to be a current or former judge. The bill also makes it clear that the authority may defer taking action on a complaint if a criminal investigation disciplinary investigation—or both—is being conducted by the police in relation to a matter. It allows the authority when deciding whether to hold a hearing to have regard to whether proceedings or a coroner’s inquest is pending or reasonably contemplated. It confers on the authority appropriate powers under the Commissions of Inquiry Act for the purposes of holding a hearing. It sets out a procedure that enables the authority to disclose information that has come to its knowledge through the exercise of its functions about a defendant who has been charged with or convicted of an offence punishable by imprisonment. Finally in general terms it provides for a number of matters relating to the appointment of members and the administration of the authority that are consistent with the Government’s Crown entity reforms. 
But very significantly the Independent Police Complaints Authority Amendment Bill does not provide for the office of deputy. Yet here we are confronted with a motion that proposes that the deputy have a tenure period for a term of 2 years. So the Government is making an appointment for a term when it knows that the appointment will be overtaken perhaps quite swiftly by the passage of the amending legislation. That is an illustration of bizarre Government activity. That is the first reason. Why is this being done when there is a bill sitting on the Order Paper that will do away with this office? It may be that the Minister will have an opportunity to explain why it is being done. 
The second reason why National opposes this appointment is that it has indicated—and I and others have clearly indicated it in this debating chamber—that it proposes to reconstitute the Police Complaints Authority by incorporating within it an independent prisoner complaints authority. I spoke on this issue as recently as 5 May and endeavoured to put the case as to why that reconstitution and incorporation proposal is appropriate. It is a pity that we are apparently about to surge ahead with the present appointment with that issue similarly unresolved. 
I do not wish to debate the issue of the suitability of the nominee. That is not appropriate. But I would say that whatever Mr Gibson’s qualifications and experience for office might be it is clearly inappropriate to proceed in making that appointment now.