CCC review mooted
WA Premier Colin Barnett has hinted at a review of the state’s Corruption and Crime Commission (CCC).
A recent Court of Appeal decision ruled that the CCC does not have the power prosecute in the Magistrates Court.
Of the CCC’s last 121 prosecutions, about 70 were ruled-on by higher courts and are not in doubt, but that leaves over 50 that were dealt with by the Magistrates Court potentially open to challenge.
The Court of Appeal has ruled that the CCC lacks the authority to commence prosecution, and ordered at least one previous prosecution notice to be quashed.
Mr Barnett said this week that he is not interested in an “overhaul” of the Corruption and Crime Commission (CCC), but concedes it needs a review.
Mr Barnett was not keen to grant the CCC retrospective powers to prosecute, which would allow it to affirm the prior convictions.
“The cases the CCC has dealt with would stand on the evidence so we're not about to go and revisit all of those,” he told reporters.
“If this Government is re-elected then we would look at a re-write of the CCC legislation, but doing it in a whole way and doing it properly.
“It strikes me as an unnecessary legislation and complex set of procedures.
“The future of the CCC is not in doubt, but the legislation as it is drafted seems to have so many checks and balances it is confusing. There are some fundamental issues like the safeness of prosecutions that have been made.”
Those in favour of more powers for the corruption watchdog say the CCC should function as both an investigative body and a prosecuting body.
The Premier is expected to take advice from former Supreme Court judge and Director of Public Prosecutions John McKechnie on any revisions to the law.