Troy Grant to propose restructure of NSW Crime Commission

POLICE Minister Troy Grant will today ask Cabinet to consider a recommendation to restructure the NSW Crime Commission and downgrade the legal standing of its commissioner.

Senior legal figures have warned that the plan to remove super-judicial powers from the commissioner will weaken the domestic spy agency.

POLICE Minister Troy Grant will today ask NSW Cabinet to consider a recommendation to restructure the NSW Crime Commission and downgrade the legal standing of its commissioner.

But senior legal figures have warned that the plan to remove super-judicial powers from the commissioner and delegate them to a new deputy’s role will weaken the domestic spy agency, at a time when it is conducting crucial operations to combat terrorism and organised crime.

The current head of the Commission, Peter Bodor, QC, has told a parliamentary committee that stripping judicial experience from the leadership would undermine the organisation’s crime-fighting ability.

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Mr Grant denies that changing the leadership from a judicial to a non-judicial CEO role is a downgrade, and he blames “self-interest” for the criticism.

“My intention is only looking at enhancing NSW Crime Commission, not downgrading it in any way,” he told Miranda Live yesterday.

Police Minister Troy Grant will ask Cabinet to restructure the Crime Commission.

“It’s not working to its capacity. It’s been a leadership issue. The Patten Inquiry identified significant problems. It’s overdue for an injection of support and revamping and better resourcing and that’s what my plan is to do and that’s what I’m taking to cabinet to garner their support …

He proposes to replace the commissioner with a new chief executive officer who does not need legal standing. Currently the role requires qualifications equivalent to a Supreme Court judge to administer extraordinary legal powers, which include the ability to compel people to give evidence, override the right to silence, and confiscate property.

NSW Crime Commissioner Peter Bodor.

“They have extraordinary powers … and to make sure those legal abilities are protected against misuse and are used appropriately and effectively … they need to have legal expertise over them. So, there will be a dedicated person, under my model, of legal standing and experience to do that [who] can’t be interfered with by the commissioner or the investigative arm of the body.”

“I’m trying to enhance the NSW Crime Commission to make sure it has a leadership capable of adapting to the dynamic changes happening in the crime environment,” he told Miranda Live yesterday.

Troy Grant proposes to replace the commissioner with a new chief executive officer who does not need legal standing

“What we’re faced with is a limited pool of candidates whenever a commissioner’s job comes up that they have to have legal standing, I don’t mind them having legal standing but the first thing they need to do is have the ability to actually run a law enforcement agency. These are matters I’m taking to cabinet ... It’s not downgrading, downsizing or giving them less scope …

He says he wants to strengthen “the rigour of the legal component … while allowing the organisation to be bolstered by someone who has a dynamic understanding of the modern crime environment and who is able to lead the organisation utilising these powers being better resourced … to work alongside and compliment the wonderful work of our NSW police force and our federal agencies like ASIO ACCC and the AFP as well.”

The NSW shadow Attorney-General, Paul Lynch, also has criticised the plan.