Recommendations
Recommendation 1: That the National Crime Authority commence regular reporting on a comprehensive range of performance measures so that the PJC and the community will be better able to assess its performance. (para. 1.129)
Recommendation 2: That the National Crime Authority's base funding be urgently increased to ensure its ability to work with maximum effectiveness across the full range of organised crime activity. (para. 1.182)
Recommendation 3: That a clear statement of the role of the National Crime Authority be included in the statute as an objects clause. (para. 2.119)
Recommendation 4: That the area of inquiry of the National Crime Authority reflect that its role is to counter criminal activity which is systematic and complex and which may, but not necessarily, be trans-or multi-jurisdictional. Where the area of inquiry involves intra-state investigations, such inquiry should only proceed by mutual agreement with the relevant State or Territory and on a fully funded basis. (para. 2.124)
Recommendation 5: That the statute be amended to provide that the Inter-Governmental Committee may refer matters for special investigation by the Authority which are framed in broad terms as to the characteristics of the criminality to be investigated. (para. 3.107)
Recommendation 6: That, as a check and accountability measure within the system of broadly framed references, the National Crime Authority must first form the opinion that there is a reason to believe that ordinary investigative methods are unlikely to work before it can invoke its special powers. This incorporation of the 'reason to believe' test into the references scheme is subject to the adequacy of the balances for enhanced scrutiny contained in this report. (para. 3.107)
Recommendation 7: That the National Crime Authority itself, not a Director of Public Prosecutions, should make the decision about whether to indemnify a witness who claims self-incrimination. To protect against improper use of this power, each such decision must be referred immediately for examination by the Inspector-General of the National Crime Authority. (para. 4.72)
Recommendation 8: That no privilege against self-incrimination should attach to summonsed documents. (para. 4.72)
Recommendation 9: That the application of client legal privilege be clarified. (para. 4.92)
Recommendation 10: That the National Crime Authority should be empowered to issue search warrants in narrowly defined circumstances. Any decision made by the Authority in relation to an application for a search warrant should be notified to the Inspector-General of the National Crime Authority as soon as practicable. (para. 4.106)
Recommendation 11: That the penalties for the offence of money laundering be increased. (para. 4.119)
Recommendation 12: That the penalties for non-compliance with the National Crime Authority Act 1984 be increased. (para. 4.123)
Recommendation 13: That, pending the passage of the Commonwealth Criminal Code and as a matter of general guidance of what is considered acceptable, the meaning of 'reasonable excuse' under sections 30(1) and 30(2) of the National Crime Authority Act 1984 should be defined in the Act. (para. 4.125)
Recommendation 14: That, given the substantial amendment of the National Crime Authority Act 1984 required to implement the PJC's recommendations in this report, the Government should rewrite the Act to ensure that Parliament's intentions are expressed in clear and unambiguous terms. (para. 4.143)
Recommendation 15: That, without restricting the manner in which the Authority may regulate the conduct of proceedings at a hearing under section 25 of the National Crime Authority Act 1984, where the presiding member has permitted a person to attend a hearing who is not a member of the NCA's staff, witnesses should be so advised and be able to comment. (para. 4.154)
Recommendation 16: That the Chairperson of the National Crime Authority should not also be chair of the Commonwealth Law Enforcement Board. (para. 5.46)
Recommendation 17: That the Standing Committee on Organised Crime and Criminal Intelligence be recognised in the statute as an advisory body to the National Crime Authority. (para. 5.52)
Recommendation 18: That sections 51 and 55 of the National Crime Authority Act 1984 be amended to clarify that the Parliamentary Joint Committee on the National Crime Authority has access to all information held by the Authority which is not of a sensitive nature. (para. 5.103)
Recommendation 19: That an Office of Inspector-General of the National Crime Authority be created, subject to the direction and oversight of the Parliamentary Joint Committee on the National Crime Authority, to investigate any aspect of the Authority's operations as may be required. (para. 5.103)
Recommendation 20: That the Minister be required to table the annual report of the National Crime Authority within 15 sitting days of its receipt. (para. 5.108)
Recommendation 21: That the Inspector-General of Intelligence and Security be designated as the Inspector-General of the National Crime Authority and be given responsibility for overseeing the operations of the National Crime Authority in respect of complaints made against the actions of all its officers, including seconded police. (para. 6.57)
Recommendation 22: That the proposed Inspector-General of the National Crime Authority present details on the outcome of the examination of complaints in relation to the National Crime Authority in an annual report to Parliament. (para. 6.57)
Recommendation 23: That the Chairperson of the National Crime Authority be a judge. (para. 7.26)
Recommendation 24: That the provisions of the National Crime Authority Act 1984 in relation to the qualifications of Authority Members be retained. (para. 7.26)
Recommendation 25: That the term of membership of the National Crime Authority be four years, with the option for renewal for a maximum of another four years, subject to satisfactory performance. (para. 7.47)
Recommendation 26: That subject to demonstrating appropriate aptitudes and qualities, a Member should be capable of appointment as Chairperson of the National Crime Authority for four years, subject to the aggregate term not exceeding eight years. (para. 7.47)
Recommendation 27: That the Government present a submission to the Remuneration Tribunal for a review of the remuneration of the Chairperson and Members of the National Crime Authority in recognition of the substantial changes in their responsibilities arising from the implementation of the recommendations contained in this report. (para. 7.47)
Recommendation 28: That the statute be amended to provide for the appointment of a number of part-time members, who would each serve a term not exceeding eight years. (para. 7.50)
Recommendation 29: That attention should be paid to the geographical distribution of NCA members, with particular reference to Western Australia. (para. 7.51)
Recommendation 30: That the National Crime Authority should employ a small core of staff investigators to complement the existing system of seconded police officers, the emphasis and priorities of this core being a matter for discussion with SCOCCI having regard to the Authority's needs for investigative personnel and the availability of seconded officers. (para. 7.91)
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