Editors --- "Complaints against the AFP and NCA" [1996] ALRCRefJl 8; (1996) 69 Australian Law Reform Commission Reform Journal 24

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ALRC Reform 69

COMPLAINTS AGAINST THE AFP AND NCA

In 1995 the then federal Attorney-General, Michael Lavarch referred to the Commission two related inquiries - one concerning the complaints and disciplinary systems of the AFP and the other the complaints and disciplinary systems of the National Crime Authority (NCA). The Commission received the AFP reference on 29 March 1995 and the NCA reference on 26 July 1995.

In November 1995 the Commission published and distributed an Issues Paper Under the spotlight: Complaints against the AFP and the NCA. The Commission has currently received over sixty submissions in response and significant media interest. Throughout the inquiry, but particularly in February, March and April 1996, the Commission has consulted with a number of organisations with a special interest in these references including the AFP, the NCA, State and Territory police services and Ombudsmen, the Queensland Criminal Justice Commission (CJC), the South Australian Police Complaints Authority and the NSW Royal Commission into the Police. During February and March 1996 the Commission also held public meetings in the Australian capital cities, Norfolk Island and Jervis Bay.

The Commission is currently preparing a draft recommendations paper that will be published and circulated in late July 1996. That paper is the next step in the development of the Commission's final recommendations that are to be submitted to the Attorney-General by 30 September 1996.

The draft recommendations paper sets out the Commission's preliminary conclusions, its draft recommendations and the reasons for them. It also indicates where the Commission is seeking additional information or comment. Responses to this paper will assist the Commission in preparing its final recommendations and report. The paper will consider the most appropriate response to complaints and allegations of corruption and discusses all the major alternatives including the NSW Police Corruption Commission recommended by the NSW Royal Commission. New approaches to discipline are also canvassed including the option of administrative review of disciplinary decisions instead of the current quasi-criminal approach.

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