ROYAL COMMISSION INTO THE NEW SOUTH WALES POLICE SERVICE FINAL REPORT VOLUME III: APPENDICES Commissioner: The Hon Justice JRT Wood ISBN07313 0916 2 (set) 07313 0915 4 (v. 1) 07313 0914 6 (v. 2) 07313 0913 8 (v. 3) TABLE OF CONTENTS VOLUME III: APPENDICES Explanatory Notes iii Abbreviations iv 1. ACKNOWLEDGMENTS A1 2. THE ROYAL COMMISSION - ITS METHODOLOGY AND INQUIRY A15 3. STRUCTURE OF THE ROYAL COMMISSION A37 4. TERMS OF REFERENCE TO COMMISSIONER WOOD (CONSOLIDATED) A38 5. TERMS OF REFERENCE TO COMMISSIONER URQUHART (CONSOLIDATED) A40 6. REFERENCES TO COMMISSIONER URQUHART FROM COMMISSIONER WOOD A43 7. PROCEDURAL RULINGS OF THE COMMISSION A49 8. INFORMATION AND GUIDELINES FOR THE MEDIA A52 9. PROCEDURES FOR SUBMISSIONS AND CONSULTATION ON THE REFORM PROCESS A56 10. RELEVANT LEGISLATION A58 11. ROYAL COMMISSION HEARING SEGMENTS A59 12. WITNESS LIST A65 13. AMNESTY A70 14. ROUND TABLE DISCUSSIONS A73 15. ADVERTISEMENT GIVING NOTICE OF PRELIMINARY HEARING A75 16. INVITATIONS FOR SUBMISSIONS A76 17. LIST OF SUBMISSIONS A77 18. COURT PROCEEDINGS A81 19. ROYAL COMMISSION CHRONOLOGY A82 i 20. INSTRUCTIONS FROM THE COMMISSIONER OF POLICE RELATIVE TO THE ROYAL COMMISSION A88 21. SURVEY DOCUMENTS A102 22. THE LEGAL REPRESENTATION OFFICE BROCHURE A186 23. PREVIOUS ROYAL COMMISSIONS AND INQUIRIES INTO THE POLICE SERVICE A189 24. INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC) AND NSW OMBUDSMAN SPECIAL REPORTS TO PARLIAMENT IN RELATION TO THE NSW POLICE SERVICE A190 25. NSW POLICE SERVICE CHRONOLOGY A193 26. COMPLAINTS AND DISCIPLINARY SYSTEM TIME LINE A221 27. IMPOSITION OF PENALTY A222 28. COMMISSIONER ’S CONFIDENCE PROTOCOL A223 29. INTERNAL WITNESS SUPPORT POLICY A229 30. SOME POLICE SERVICE STATISTICS AS AT 30 JUNE 1996 A244 31. DETAILS OF THE EXTERNAL AUDIT OF THE REFORM PROCESS A246 ii EXPLANATORY NOTES The amalgamation of the New South Wales Police Force (operations) and the New South Wales Police Department (policy and administrative support) into a single entity known as the New South Wales Police Service, commenced in June 1987. This was formalised by the Police Service Act 1990 (NSW) which came into effect on 1 July 1990. Throughout this Report, the organisation is generally referred to as ‘the Service’ or ‘the Police Service’. All legislation referred to is NSW legislation unless otherwise indicated. The Commission was assisted by a number of consultants who prepared research papers on matters of relevance, in particular Dr Janet Chan, Dr David Dixon, Mr Mark Finnane and Mr Chris Cunneen. The employee associations for sworn officers of the NSW Police Service are the Police Association of New South Wales, for non-commissioned officers, and the Commissioned Police Officers’ Association for commissioned officers. Throughout this Report they will be referred to as ‘the Associations’ or ‘the Police Associations’. A reference to ‘the Police Association’ (singular) is a reference to the Police Association of New South Wales. iii ABBREVIATIONS USED IN THIS REPORT Abbreviations are for NSW organisations unless otherwise stated. ABCI Australian Bureau of Criminal Intelligence ACLO Aboriginal Community Liaison Officer AFP Australian Federal Police AIC Australian Institute of Criminology ALRC Australian Law Reform Commission ASIO Australian Security Intelligence Organisation BCI Bureau of Criminal Intelligence CAN Court Attendance Notice CAPS Career Advancement Planning System CARE Centre for Applied Research and Education (UK) CAU Customer Assistance Unit CCPC Commission to Combat Police Corruption (New York) CCRB Civilian Complaint Review Board (New York) CIB Criminal Investigation Bureau CIU Crime Intelligence Unit CIS Complaints Information System CJC Criminal Justice Commission (Queensland) COPS Computer Operated Policing System CPEA Child Protection Enforcement Agency CPOA Commissioned Police Officers’ Association of NSW CPS Crown Prosecution Service (UK) DEA Drug Enforcement Agency DEET Department of Employment, Education and Training (Commonwealth) DLEB Drug Law Enforcement Bureau DPP Director of Public Prosecutions DPP (Cth) Director of Public Prosecutions (Commonwealth) EEO Equal Employment Opportunity ERISP Electronically recorded interview between a suspect and police FCAN Field Court Attendance Notice FEA Fraud Enforcement Agency FTO Field Training Officer GREAT Government and Related Employees Appeal Tribunal iv HECS Higher Education Contribution Scheme HOD Hurt on Duty HRAC Human Resources Advisory Committee HRM Human Resources Management HSC Higher School Certificate IA Internal Affairs Branch or Office, NSW Police Service ICAC Independent Commission Against Corruption IPETAC Interim Police Education and Training Advisory Council IPSU Internal Police Security Unit IR Act Industrial Relations Act 1996 IT Information Technology LD listening device LRO Legal Representation Office JTF Commonwealth-NSW Joint Task Force on Drug Trafficking MACPA Ministerial Advisory Committee on the Police Academy MCPE Mandatory Continuing Police Education MMP Methadone Maintenance Program NCA National Crime Authority NPRU National Police Research Unit NSEP Needle & Syringe Exchange Program NSWCC New South Wales Crime Commission NUCS National Uniform Crime Statistics Program NWMCS North West Major Crime Squad NYPD New York Police Department (New York) ODPP Office of the Director of Public Prosecutions OMD Official Misconduct Division, Criminal Justice Commission, (Queensland) OPM Office of Public Management OPR Office of Professional Responsibility ORC Operations Review Committee, Independent Commission Against Corruption PACE Act Police and Criminal Evidence Act (UK) PAD Prohibited Amusement Device PAL Police Assistance Line PARC Police Academy Review Committee PBC Police Boys’ Clubs PC personal computer PCBC Police Citizens’ Boys Club PCCM Police Complaints Case Management System v PCYC Police Citizens’ Youth Clubs (1985-1995), and Police & Community Youth Clubs (1995 to present) PEAC Police Education Advisory Council PEDO Patrol Education Development Officer PIB Professional Integrity Branch PIC Police Integrity Commission PJC Parliamentary Joint Committee PRAM Act Police Regulation (Allegations of Misconduct) Act 1978 PREP Police Recruit Education Program PSAC Police Superannuation Advisory Committee PSRG Protective Security Response Group PSSES Police Service Senior Executive Service RCPS Royal Commission into the New South Wales Police Service RCIADIC Royal Commission into Aboriginal Deaths in Custody RCIDT Royal Commission of Inquiry into Drug Trafficking RCIU Royal Commission Implementation Unit RCRU Royal Commission Response Unit RCT Royal Commission Transcript (Commissioner Wood) RCT(U) Royal Commission Transcript (Commissioner Urquhart) SA PCA South Australian Police Complaints Authority SCAT State Commander’s Action Team SCORPIO Sub-Committee on Response Policing in all Operations SEG State Executive Group SIG Special Investigative Group SOG Special Operations Group SOP Standard Operating Procedures SP starting price SPO Student Police Officer SPG Strategic Planning Group SWOS Special Weapons Operations Squad TAFE Technical and Further Education TER Tertiary Entrance Rank TI telephone interception TI Act Telecommunications (Interception) Act 1979 (Cth) TIMS Task Force Investigation Management System TRG Tactical Response Group TSU Technical Surveillance Unit vi APPENDIX1 ACKNOWLEDGMENTS A Royal Commission the size of this Commission, and having the breadth of the terms of reference given to it, cannot depend on the work of the Royal Commissioners, or Counsel Assisting, alone. It very much depends on the dedication and ability of its staff, and on the extent to which it receives the co-operation, and active support, of those who might be affected by its inquiries, or who have an interest in its recommendations. This Royal Commission was fortunate in receiving that support both from within and without, and such measure of success as it has had is attributable to that circumstance. ROYAL COMMISSION STAFF The list which follows includes all staff who worked for the Royal Commission from May 1994. The dedication, hard work, skill and commitment of the Royal Commission workforce was exceptional, and morale remained high throughout despite the extremely stressful and demanding nature of the task involved. While it is inappropriate to select out any individual members of staff for particular credit, the special contribution of Gary Crooke QC, Senior Counsel Assisting, cannot be ignored. Mr Crooke was appointed to act as tactician and special adviser to Commissioner Wood, to oversee the work of the investigative teams, and to maintain direct liaison with the Police Service, the Police Ministry, the Government, the Police Associations, and the other bodies concerned with the inquiry. His experience from the Fitzgerald Commission of Inquiry1 was invaluable, and the contribution he made to the work of this Commission cannot be done justice in print. The outcome of this Royal Commission is in no small measure attributable to his close co-operation with Commissioners Wood and Urquhart, his wise counsel, and to his commitment to the task. Moreover, his role was important in maintaining the independence of the Commissioners from outside influences, and in allowing them to conduct the public hearings in accordance with the requirements of natural justice. It would be equally unfair to pass by the valuable contribution of the four Counsel Assisting who acted as team leaders, and similarly that of the Directors of Operations and Chief Investigators.