The head of the NSW police watchdog authority has warned Parliament that a government plan to restructure the NSW Crime Commission and downgrade the status of its commissioner could be "retrograde", "dangerous" and threaten its independence.
Former NSW Supreme Court judge Michael Adams, QC, who was last year appointed as the first Chief Commissioner of the new Law Enforcement Conduct Commission (LECC), has raised the concerns in a letter to a parliamentary committee that oversees the NSW Crime Commission.
In the letter to the committee, Mr Adams said the LECC "was not consulted in any way" about the proposal to restructure the Crime Commission and replace the commissioner with a chief executive.
Under the current model, the commissioner has qualifications equivalent to a Supreme Court judge.
Mr Adams said it appeared the proposed chief executive position would change the head of the Crime Commission to a manager or bureaucrat without the same level of legal qualifications or legal experience.
"In light of the extraordinary powers abrogating civil rights which may be exercised by the Crime Commission, this difference is a worrying development," Mr Adams said.
"Such an individual is unlikely to be qualified to undertake investigations, let alone exercise highly intrusive compulsory powers."
Mr Adams said that, under existing statutory arrangements, the Crime Commission's functions were independent of political control or influence.
"The abolition of this arrangement, without replacement by a statutory guarantee of functional independence, would be a retrograde and dangerous development," Mr Adams said.
Asked if he had been consulted about the proposal, Mr Adams said "although the LECC has important oversight responsibilities in respect of the Crime Commission, it was not consulted in any way concerning any proposal to re-engineer the Crime Commission".
The LECC last year replaced the Police Integrity Commission, the Police Division of the Office of the Ombudsman, and the Inspector of the Crime Commission as part of the NSW government's aim to streamline law enforcement oversight.
Opposition attorney-general Paul Lynch said the government plan to restructure the Crime Commission and replace its commissioner with a chief executive meant it would be led by someone "likely not to have the necessary skills".
"They may well not have the necessary independence," Mr Lynch said.
Mr Lynch said the lack of proper consultation about the proposed restructure had increased "scepticism about the government’s plan".
"Nothing in the government’s plan will improve the capacity of the Crime Commission to fight crime," he said.
"The government should pay proper attention to Chief Commissioner Adams and his warnings."
Mr Lynch said the proposed chief executive model had been "rightly rejected" by the Patten Special Commission of Inquiry and the current head of the Crime Commission, Peter Bodor, QC.
"The head of the commission should have legal qualifications," Mr Lynch said.
Mr Bodor recently told the NSW parliamentary committee that he had been informed of the proposal to change the Crime Commission's leadership from a judicial to a non-judicial role.
Mr Bodor said he was told the review of the commission would involve a "flattening of the leadership structure", which he interpreted as "thinning". He said the proposal to introduce a non-judicial leadership could undermine the position's strength.
Mr Bodor told the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission that the "nuts and bolts" of the review of the Crime Commission was being handled by the office of Adrian McKenna, the executive director, Office for Police in the Justice Strategy and Policy Division of the Department of Justice.
A spokesperson for the Police Minister Troy Grant said on Thursday a review of the Crime Commission is under way and "no decisions have yet been made".
Mr Grant has previously declined to comment about whether Mr McKenna, a former police officer with more than seven years' experience as a lawyer, was a potential contender for the CEO role.
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