Hon Phil Goff
Minister of Justice
Media Statement
11 April 2001
GOVT DECISION ENHANCES INDEPENDENCE OF POLICE COMPLAINTS AUTHORITY
Justice Minister Phil Goff has announced Government decisions designed to enhance the independence of the Police
Complaints Authority.
The announcement follows the release today of the Review of the Police Complaints Authority by retired High Court judge
Sir Rodney Gallen which Mr Goff commissioned last year.
"The major decision arising out of the Review is to provide the Authority with an enhanced investigative capacity of its
own, independent of the Police.
"This will allow the most serious complaints against the Police to be investigated directly by the staff of the
Authority itself, rather than the Authority reviewing Police investigations of their own members.
"This decision does not reflect dissatisfaction with the Authority's track record. During its 12 years in existence the
PCA has done much to promote public confidence in police accountability.
"A study of complaints dealt with by the Authority shows that overwhelmingly investigations by the Police have been
thorough and fair and supervision by the Authority effective.
"However, when serious complaints are made against the Police there is a problem of perception that the Police are seen
to be investigating themselves, which raises doubt about impartiality of the findings.
"There is a strong public view that police investigation of complaints against themselves is neither independent or
appropriate. It is critical that there is full public confidence that such investigations are independent.
"The Authority has the power independently to investigate serious complaints but lacks the resources to carry out
investigations.
"Consequently the Authority will be resourced to enable its independent investigation of serious complaints.
"The obvious starting point will be section 13 of the PCA Act which relates to cases of death or serious bodily harm
which appear to have been caused by the Police.
"The range of cases dealt with directly by the Authority will expand as it develops sufficient in-house investigative
expertise.
"It is envisaged that the number of independent investigators needed would be around 6 with an estimated budgetary cost
of around $1 million.
"There will be a name change to the 'Independent Police Complaints Authority' to recognise this new capacity.
"The Authority will also increase in membership from one to three. The Chair will be a current or former judge and will
be supported by two other members. In line with current State Services Commission guidelines the appointment process
will take into consideration 'the need for a balance of gender, ethnicity and community representation, while appointing
on the merit principle.' This is preferred to Sir Rodney's more prescriptive recommendation.
"The Authority will remain a Justice Crown Entity rather than becoming an Officer of Parliament. The Authority is
chaired by a Judge. It is funded via Vote Justice and is independent of the agency it is monitoring. It is appointed by
the Governor General on the recommendation of the House of Representatives.
"There has never been any suggestion of Executive interference in the performance of its duties and therefore no change
to the status quo is considered necessary," Mr Goff said.
ENDS