ACTING PRIME MINISTER
FOR MEDIA 18 DECEMBER 1984
As one of its first priorities, the Government has been
considering the final report of the Costigan Royal
Commission along with advice from officials on every
recommendation made in that report.
Report Passed to National Crime Authority and other
Agencies The majority of the report's recommendations called for
further investigations. There had been swift action by the
Government to ensure that copies of the full report were
passed, as soon as they were received, to the relevant
agencies particularly the National Crime Authority and
also the Australian Federal Police and the Director of
Public Prosecutions in order that they could take
appropriate action. The Government has now been advised of
the action which these agencies have taken on these
matters. The Government has previously indicated it is looking to
the National Crime Authority to have the primary
responsibility for decisions on pursuing the outstanding
Costigan inquiries. Consistent with this approach, the
Commonwealth's position is not to accept Mr Costigan's
recommendation that a further Royal Commission should be
set up in relation to matters arising out of Volume 7 of
the report. The Authority has sought and has been granted
a reference by the Commonwealth on these matters, and the
Government is satisfied that the Authority will be able to
pursue effectively the necessary investigations.
Action by National Crime Authority
The National Crime Authority is giving attention using its
general powers to the other matters in the report which Mr
Costigan believes warrant further work. In respect of some
of them, it has sought and been granted by the Inter-
Governmental Committee of the Authority references which
will enable it to exercise coercive powers. As well, the
Chairman of the Authority, Mr Justice Stewart, announced at
the Authority's first public sitting on 13 December, the
general nature of the action which would be taken on the
forty-two codenamed cases from the Costigan Commission.
Legislative and other Policy Changes
The report also made recommendations for legislative and
other policy changes. Although the Government had not been
able to take action during the caretaker pre-election
period, proposals for further action on these
recommendations have now been agreed.
Major recommendations involved proposals for a Taxation
Investigation Tribunal, a Special Tax Investigator and a
Port Security Authority. Ministers have been asked to
bring forward submissions on these recommendations.
Recommendations having implications jointly for the States
and the Commonwealth will be processed in conjunction with
the States, including through the relevant Ministerial
councils. Recommendations dealing with more detailed
matters are being studied by the relevant departments and
law enforcement agencies. Final action has been taken on
some while others will be dealt with by submissions which
will be coming forward for Government consideration.
3.
The Government also reviewed action on those
recommendations from previous reports where consideration
was yet to be finalised. It has called for submissions to
be brought forward in the new year.
Costigan Recommendations on National Crime Authority Act
The Government has examined the recommendations made by
Mr Costigan concerning the National Crime Authority Act.
Mr Costigan's major recommendation for amending the Act was
to remove the need for the Authority to seek references
from the Inter-Governmental Committee. The legislation has
been deliberately structured so that coercive powers can
only be exercised on matters referred to the Authority by
the Inter-Governmental Committee. The Government believes
that this requirement strikes the right balance between the
independence and accountability of the Authority and also
provides for the essential involvement of the States.
The Government's position is that the National Crime
Authority should be given a fair trial under its existing
legislation. This can then be reviewed if, after a
suitable period, it seems that amendments might be
desirable. A mandatory review within five years will be
necessitated by the sunset provision of the legislation.
However, the Government has made clear there will be a
swift and sympathetic response if the National Crime
Authority indicates that the powers it has under its Act
are inadequate for it to perform its important work.
Public Naming of Suspects
The Government has noted the wide range of views and
concerns which have been expressed about the approach taken
by the Costigan Royal Commission in its final report; a
similarly wide range of views was expressed in the National
Crimes Commission conference held in July 1983, and in
subsequent debate about the National Crime Authority
legislation.
The Government remains completely committed to the fight
against organised crime. But it believes this fight can
and must be waged without encroaching on fundamental civil
rights. Tha Government specifically reaffirms that it rejects as a
means of combatting criminal activity the policy favoured
by Mr Costigan of public exposure of persons suspected of
criminal activities. There is no place in our legal system
for guilt by accusation or denunciation.
Action on the recommendations of the Costigan Royal
Commission is accordingly in hand. The Special Minister of
State will issue on behalf of the Government a detailed
response on the recommendations during the forthcoming
Autumn Sittings of the Parliament.