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Report Details


Committee Name:

Select Committee into the Police Raid on The Sunday Times

House:

Legislative Council
Report Type:Report

Title:

Select Committee into the Police Raid on the Sunday Times
Report No:1
No of Pages:193
Physical Location:Legislative Council Committee Office

Presentation Date:

04/09/2009
Inquiry Name(s):Select Committee into the Police Raid on The Sunday Times (November 2008)


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Click here to view the Government's response to the report



Hide details for Findings and RecommendationsFindings and Recommendations

Findings and Recommendations are grouped as they appear in the text at the page number indicated:


Page 109

    Finding 1: The Committee finds that there was no direction given to the Western Australia Police, in relation to its investigation into the alleged leak of confidential Cabinet information to The Sunday Times, by any Minister, Parliamentary Secretary or Member of Parliament or their staff.

Page 109
    Finding 2: The Committee finds that there was no direction given to any public officer, in relation to the alleged leak of confidential Cabinet information to The Sunday Times, by any Minister, Parliamentary Secretary, Member of Parliament, or their staff.

Page 142
    Recommendation 1: The Committee recommends that the Attorney General conduct a review of s 81 of The Criminal Code.

Page 144
    Finding 3: The Committee finds that it would have been prudent for the Corruption and Crime Commission of Western Australia to have obtained from the Department of the Premier and Cabinet a copy of the alleged leaked Cabinet document, so that it would have been in a better position to form an opinion as to whether an investigation should be conducted.

Page 145
    Finding 4: The Committee finds that the Department of the Premier and Cabinet, inadvertently or otherwise, hampered the Western Australia Police investigation by not informing the Western Australia Police of all relevant information concerning the unauthorised disclosure including that there were five separate versions of the document containing information that was disclosed and the distribution of each version.

Page 145
    Finding 5: The Committee finds that the Corruption and Crime Commission of Western Australia did not assess the complaint received from the Department of the Premier and Cabinet with appropriate rigour, and simply passed the responsibility for the investigation on to the Western Australia Police despite the Corruption and Crime Commission’s own previously published misgivings about the value of investigations of offences under s 81 of The Criminal Code.

Page 145
    Finding 6: The Committee finds that the role of the Department of Treasury and Finance and its internal processes for managing confidential information has not been adequately addressed. The Committee is of the view that the Corruption and Crime Commission of Western Australia should have also referred the complaint to the Department of Treasury and Finance, as it did to the Department of the Premier and Cabinet, for investigation under s 33 of the Corruption and Crime Commission Act 2003.

Page 145
    Finding 7: The Committee finds that the Corruption and Crime Commission of Western Australia expressed to the Western Australia Police a narrow interpretation of Part 4 of the Corruption and Crime Commission Act 2003 (that is, those sections dealing with organised crime and the conferral of exceptional powers on police officers), and did not take into account the type of joint Corruption and Crime Commission-Western Australia Police investigations using the Corruption and Crime Commission’s general powers as envisaged by s 33(1)(b) of that Act.

Page 145
    Finding 8: The Committee finds that the Corruption and Crime Commission of Western Australia failed to acknowledge that, in most circumstances, a notice to produce documents under the Corruption and Crime Commission Act 2003 can be as effective as a search warrant due to the available penalties for failure to produce the document.

Page 146
    Finding 9: Notwithstanding the Committee’s concerns with the Corruption and Crime Commission of Western Australia’s referral of the matter to the Western Australia Police in this instance, the Committee finds that it was proper for the Western Australia Police to investigate the allegation of a Cabinet leak, given that it was an offence under s 81 of The Criminal Code. The Committee believes, however, that alternative methods of investigation should have been employed before resorting to a search warrant, having regard to resource requirements and other Western Australia Police priorities.

Page 146
    Finding 10: The Committee finds that in the execution of the search warrant on the offices of The Sunday Times, the Western Australia Police officers at the scene demonstrated professionalism, courtesy and restraint.

Page 146
    Finding 11: The Committee finds that there was an inappropriate and disproportionate allocation of resources by the Western Australia Police for a relatively standard search of an office building.

Page 146
    Recommendation 2: The Committee recommends that the Department of the Premier and Cabinet and the Department of Treasury and Finance further review their procedures and systems for handling confidential documents, and in particular with respect to informal consultation on drafts of confidential documents.

Page 146
    Recommendation 3: The Committee recommends that the Corruption and Crime Commission of Western Australia refer the alleged disclosure of confidential Cabinet information to the Department of Treasury and Finance for investigation pursuant to s 33(1)(c) of the Corruption and Crime Commission Act 2003.

Page 146
    Recommendation 4: The Committee recommends that the Corruption and Crime Commission of Western Australia ensures that a thorough assessment in accordance with the Corruption and Crime Commission’s formal case categorisation and assessment procedures is undertaken in relation to every complaint, even where such complaint is the subject of an investigation commenced by another agency.

Page 159
    Recommendation 5: The Committee recommends that the Attorney General continue to pursue the introduction of shield laws for journalists.

Page 166
    Recommendation 6: The Committee recommends that, in accordance with s 7 of the Parliamentary Privileges Act 1891, the Legislative Council excuse the answering of the question asked of Mr Paul Lampathakis by the Committee as set out in paragraph 14.9 of this report.