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LIST OF RECOMMENDATIONSPRIVATE
The Committee recommends:
1. that
the re-allocation of resources required by police forces to compensate for the
Authority's changed emphasis be given urgent attention. (para. 5.16)
2. that
there be continuing review of the potential for duplication of intelligence
functions between the Authority, the Australian Federal Police and the
Australian Bureau of Criminal Intelligence. (para. 5.51)
3. that
the Inspector-General of Intelligence and Security be given jurisdiction to
investigate complaints against the Authority, its staff and those seconded to
work for it. (para. 6.77)
4. that
the Attorney-General's Department, in consultation with the Privacy
Commissioner, develop specific privacy guidelines to cover the Authority's
activities. (para. 6.92)
5. (a) that
paragraph 55(2)(a) of the NCA Act be amended by deleting the words ‘a matter
relating to’;
(b) that paragraph 55(2)(b) be amended to
make it clear that the expression ‘findings’ refers only to major matters formally
declared by the Authority to be findings at the time they are made, and does
not include all conclusions reached by the Authority; and
(c) that paragraph 55(2)(b) be amended to
make clear that it does not prevent the Committee reviewing alleged maladministration
within the Authority or the general adequacy of procedures used by the
Authority, even if the end result of the Authority's use of the procedures is
the making of a ‘finding’ in particular cases. (para. 7.29)
6. that
section 51 of the NCA Act be amended so as to make clear that section 51 does
not prevent members and staff of the Authority providing any information or
documents to the Committee, or appearing before it. (para. 7.37)
7. that
the Government support the amendments set out in clause four of the National
Crime Authority (Duties and Powers of Parliamentary Joint Committee) Amendment
Bill, introduced into the Senate by Senator Spindler on 21 December 1990, subject to the following
qualifications:
(a) that the Bill should expressly apply
to all forms of disclosure, not just disclosure in reports to the Parliament;
and
(b) that the Bill should expressly cover
all aspects of disclosure in a dissent by a Committee member to a report by the
Committee
(c) that the Commonwealth Minister with
portfolio responsibility for the Authority should be the arbiter, not a
Federal Court judge as provided for in the Bill. (para. 7.56)
8. that
the NCA Act be amended so as to confer a discretion on an Authority member to
hold investigative hearings in public. (para. 7.111)
9. that at
an appropriate time in the future the appointment of Authority Chairman be
formally reviewed. (para. 8.142)
10. that
consideration be given to appointing a senior police officer, either serving or
retired, as a Member of the Authority. (para. 8.158)
11. that
the Attorney-General's Department consider the effect of section 12 of the NCA
Act and address any ambiguities that may exist in subsection 12(4). (para.
8.166)
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