Australian Crime Commission
The Australian Crime Commission (ACC) was established by the Australian Crime Commission Act in 2002. Its role is to provide intelligence, investigation and criminal database services on nationally significant crime.
The ACC has special coercive powers to assist in the performance of its functions. These powers, which can only be exercised by an ACC examiner in the context of a special operation or investigation approved by the ACC Board, include the capacity to compel a person to produce documents, to attend an examination and to answer questions. The ACC's coercive powers are reinforced by a number of offence provisions. Under the Act, it a criminal offence to fail to comply with a document production notice , to fail to appear at an ACC examination or to fail to answer questions . It is also an offence to provide false of misleading evidence or to obstruct or hinder the work of the ACC.
The Law Council has expressed a number of concerns about the ACC's coercive powers, their impact on the right against self incrimination and the adequacy of the safeguards which are in place to protect against the misuse or overuse of those powers. The Law Council has also expressed concerns about the inappropriate expansion of the ACC's powers to cover the investigation of indigenous violence and child abuse.
The Law Council closely monitors any proposed amendments to the Australian Crime Commission Act and, to the extent that secrecy provisions allow, the exercise of the ACC's coercive powers.
Below are some of the submissions that the Law Council has made regarding the structure, mandate and powers of the ACC.
Materials
Years:
2012
, 2011
, 2010
, 2009
, 2008
, 2007
2012
2011
2010
2009
2008
2007
