The Bill was introduced on 13 May 2021 by the Hon. Don Harwin, Special Minister of State, in response to a recommendation to establish a 2-Commissioner model in the statutory review of the Law Enforcement Conduct Commission Act 2016, noting in particular that the LECC has been working well with only 2 Commissioners since 15 January 2020.
Opposition MP, Adam Searle and Greens MP, David Shoebridge each moved amendments in committee for the Bill relating to the terms of office and the appointment of a First Nations Commissioner, including investigative powers for deaths in custody, respectively. The amendments were put forward based on recommendations contained in the statutory review of the Act and gave rise to emotive discussion in the Legislative Council about the disproportionate number of Aboriginal people dying in custody, with 7 deaths occurring already this year.
Although the Greens amendments were not adopted, there was general agreement that the issue be addressed quickly in a multi-partisan way.
Ultimately, the Opposition amendments relating to a person being able to hold office for consecutive 5-year terms as the Chief Commissioner and then the Commissioner, or vice versa, were adopted by the Legislative Council on the basis that the amendment afforded the LECC organisational continuity benefits.
The Act passed Parliament on 9 June 2021.
Link: Law Enforcement Conduct Commission Amendment (Commissioners) Act 2021.
Instructor:
Department of Premier and Cabinet
Drafter:
April Eisner, A/Senior Assistant Parliamentary Counsel
