Page 4241 - Week 14 - Thursday, 24 October 1991
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So, there you have it. His Honour will stand neutral on this issue. He is not going to enter the political arena. I do stress to members that His Honour's approach to the NCA is to make it far more publicly accountable and to provide far more public information to members. This speech by His Honour was a considerable departure from the somewhat closed door approach of his predecessor.
I go on now, for the benefit of my Liberal colleagues here, to make some further comments. His Honour went on to say:
Two of the members of this committee, Senator Crichton-Browne and Senator Spindler, have introduced Private Member's Bills seeking to amend the Act so that, in effect, section 51 does not apply to Committee hearings. I have been assisted by a study of their provisions.
There is a faint hint, if you know how judges speak - and my colleague Mr Humphries smiles. I will repeat it. His Honour said:
I have been assisted by a study of their provisions. It is my belief that other members of the present Parliamentary Joint Committee are of the view that the application of section 51 to proceedings before them prevents, or at least inhibits, them from doing the major task Parliament has committed them, namely, to monitor and review the performance by the National Crime Authority of its functions.
I want to say, here and now, that I entirely agree with them.
That is, the parliamentary colleagues who made these comments. He continued:
Parliament should, providing members of the Committee accept a statutory obligation of confidentiality, consider amending the National Crime Authority Act so as to specifically make the secrecy provisions of section 51 inapplicable to proceedings before the Committee. Of course, there are very cogent reasons why such secrecy provisions should continue to apply to Members and staff of the Authority outside Committee hearings and, I believe, the members of the Committee accept this. Such an amendment would remove any impediment to witnesses from the National Crime Authority answering all questions and producing all documents relevant to the discharge of the Committee's functions. Provisions of the Act, which prevent this Committee investigating, on its own accord, relevant criminal activities or reconsidering the findings of the Authority in relation to a particular investigation should, however, remain. My understanding is that the
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