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New South Wales Crime Commission

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A statutory corporation is a government entity created as a statutory body by statute . Their precise nature varies by jurisdiction, but they are corporations owned by a government or controlled by national or sub-national government to the (in some cases minimal) extent provided for in the creating legislation.

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56-583: The New South Wales Crime Commission is a statutory corporation of the Government of New South Wales . It is constituted by the Crime Commission Act 2012, the object of which is to reduce the incidence of organised crime and other serious crime in the state of New South Wales , Australia . In more recent years, the commission has also taken on a charter of assisting with the investigation of terrorism related offences. However, it became

112-575: A master , and a Keeper of Records and such other Officers as may be necessary for the administration of Justice in the colony. The charter also established the office of sheriff ; gave precedence to the Chief Justice over all other subjects except the Governor (or acting Governor) of the colony; and allowed the Court to admit persons to be barristers , attorneys , proctors or solicitors as

168-493: A transit district or special purpose corporations such as a university , are also created by statute. In some states, a city or county can be created by petition of a certain number or percentage of voters or landholders of the affected area, which then causes a municipal corporation to be chartered as a result of compliance with the appropriate law. Corporations to be established for most other purposes are usually just incorporated as any other non-profit corporation , by filing

224-700: A Supreme Court constituted by a Judge appointed by the King's commission and two Magistrates. The charter also created the Governor's Court and the Lieutenant-Governor's Court. The jurisdiction of the Governor's Court and the Supreme Court extended to Van Diemen's Land (the former name for Tasmania ). All three courts were concerned with civil matters only. Legislation to establish a new supreme court for both New South Wales and Van Diemen's Land

280-622: A decision to hold a public inquiry into the NSWCC as part of a PIC investigation that had been underway since 2008. The nature of the investigations conducted by the PIC related to the way the NSW Crime Commission managed its asset-confiscation powers. PIC investigations revealed that the commission and lawyers acting for alleged and convicted criminals negotiated legal costs, sometimes in an extremely short timeframe. The Crime Commission took

336-548: A number of occasions. The Supreme Court of New South Wales was proclaimed in Sydney on 17 May 1824. The inaugural Supreme Court building that is located on the corner of King Street and Elizabeth Street in the Sydney central business district , adjacent to what is now known as Queen's Square , was built between 1820 and 1828. The two-storey rectangular Georgian building, with an additional loggia and cornice added in 1868,

392-536: A profit without one). Such bodies do not have shareholders , but are typically boards appointed by a sponsor minister. The provisions of the Companies' Acts do not typically directly apply to such bodies, although their founding legislation may specify similar requirements. The statutory corporation format was usually the form most state-sponsored bodies of the Republic of Ireland took until recent years; however,

448-757: A result of the enabling law. There are a number of federally chartered corporations that still exist. Some relatively famous ones include the Boy Scouts of America , each of the Federal Reserve Banks , and the Federal Deposit Insurance Corporation . The basic advantage for being federally chartered is that no other corporation anywhere in the United States is allowed to have the same name. NSW Supreme Court The Supreme Court of New South Wales

504-484: A statutory authority may also be a statutory corporation). An earlier definition describes a statutory corporation as "a statutory authority that is a body corporate", and the New South Wales Government 's Land Registry Services defines a state-owned corporation as "a statutory authority that has corporate status". Current statutory corporations include Australia Post , Airservices Australia ,

560-574: Is a Kassenärztliche Vereinigung , a body involved in the provision of out-patient medical services in a German state. Other examples include public broadcasters, Jewish communities and Christian churches established in Germany and some public transport providers (depending on jurisdiction). In Hong Kong, some corporations are incorporated by legislation. An example is the Kowloon-Canton Railway Corporation , which owns

616-493: Is a body corporate created by the legislature with defined powers and functions and is financially independent with a clear control over a specified area or a particular type of commercial activity. It is a corporate person and has the capacity of acting in its own name. Statutory corporations therefore have the power of the government and the considerable amount of operating flexibility of private enterprises. A few are: Features: Which define its objectives, power and duties. It

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672-622: Is created by a special law Of parliament. It may be established by the central government are also known as National corporations. In the Republic of Ireland , a statutory corporation is a body corporate, which is created under a particular Act of the Oireachtas . Some statutory corporations are expected to operate as if they were a commercial company (with or without a subsidy from the Exchequer , depending on whether or not it would make

728-774: Is divided between the Common Law Division, which hears civil, criminal and administrative law matters, and the Equity Division, which hears equity, probate, commercial, admiralty, and protective matters. The court includes the Court of Appeal and the Court of Criminal Appeal which hear appeals from the District Court and the Local Court and from single judges sitting in the Common Law or Equity Divisions. The Court of Appeal also hears appeals from

784-471: Is not used to describe a company which operates as a conventional shareholder-owned company registered under the Companies Acts. A public body can have a variety of forms and is not inevitably a statutory corporation, nor is a statutory corporation necessarily a public body. At the state level, municipal corporations and counties are often created by legislative acts. Some organizations such as

840-574: Is referred to as "Banco Road Court", the origin of this alternative name is unknown - there is no Banco Road. In 1976 the New South Wales Government completed construction of the Sydney Law Courts building, facing Queen's Square and bounded by Phillip Street and Macquarie Street . The 27-storey 33,000-square-metre (360,000 sq ft) building is owned by Law Courts Limited, a company whose shareholders comprise

896-590: Is the highest state court of the Australian State of New South Wales . It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy , an appeal by special leave can be made to the High Court of Australia . Matters of appeal can be submitted to

952-668: The Supreme Court Act 1970 (NSW), and the Civil Procedure Act 2005 (NSW), although provisions on the appointment and removal of judicial officers were incorporated into the state's Constitution in 1992. The court consists of 52 permanent judges, three Acting Judges of Appeal, two Acting Judges, and an Associate Judge. Permanent judges include the Chief Justice of New South Wales , the President of

1008-678: The Australian Rail Track Corporation and the Australian Egg Corporation . The purpose of their separation from normal government operations is to ensure profitability, and in theory, independence of decision making from the state or national government (to ensure that decisions are made on a commercial basis with less or no political interference.) As statutory corporations, their regulatory and business conditions may be significantly different from private-sector companies. A significant number of

1064-736: The Court of Appeal , eleven Judges of Appeal (one of whom is currently the Chief Judge at Common Law), the Chief Judge at Common Law and the Chief Judge in Equity, and 38 Puisne Judges. The Chief Judge in each trial division also sits in the Court of Appeal from time to time. Occasionally, puisne judges also sit in the Court of Appeal, though this is uncommon. The court hears very serious cases such as murder and treason, civil cases involving more than $ 750 000, and civil matters such as wills, injunctions, and admiralty. The court's work at first instance

1120-894: The Ffestiniog Railway , the Talyllyn Railway , the National Coal Board , Post Office Corporation and Transport for London . Other examples include the county councils , the National Assembly for Wales , the British Broadcasting Corporation (BBC), Channel Four Television Corporation , and the Olympic Delivery Authority . Statutory corporations are widely used in education: Sixth Form College Corporations and Further Education Corporations,

1176-861: The Food Safety Authority of Ireland . In the Netherlands , the term "public body" is the general denomination for administrative divisions within the Dutch state or certain other types of governmental organisations. In the United Kingdom , a statutory corporation is a corporate body created by statute . It typically has no shareholders and its powers are defined by the Act of Parliament which creates it, and may be modified by later legislation. Such bodies have often been created to provide public services, examples including British Railways ,

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1232-586: The Government of Australia and the Government of New South Wales . The building houses the High Court of Australia (when it sits in Sydney), the Federal Court of Australia and the NSW Supreme Court. The building was designed by architects McConnel Smith and Johnson and received an RAIA Merit Award in 1977 and stands as a strong, singular statement representative of its time and a product of

1288-515: The Land and Environment Court of New South Wales and a number of administrative tribunals. The Court of Appeal and the Court of Criminal Appeal are respectively the highest civil and criminal courts in the state. To appeal to the High Court of Australia from the Court of Appeal or the Court of Criminal Appeal, special leave must be granted by the High Court. Appeals from state supreme courts to

1344-487: The New South Wales Court of Appeal and Court of Criminal Appeal , both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales , presently Andrew Bell , the President of the Court of Appeal , 10 Judges of Appeal,

1400-574: The Supreme Court of Victoria following the creation of the Colony of Victoria . Also in 1840, the Parliament of New South Wales established a separate equity division in the court. Limited jurisdiction in divorce cases was granted in 1873 and full Admiralty jurisdiction was added in 1911. The Supreme Court, in 1972, was one of the last Common Law jurisdictions in the world to fuse

1456-720: The Bill for which was introduced by then state premier , Neville Wran after a period of seminal Royal Commissions , including the Woodward Royal Commission (1977–1979) and the Costigan Royal Commission (1980–1984) into drug trafficking, organised crime and tax evasion. The commission was originally constituted by a Chairman and two other members. The first chairman of the State Drug Crime Commission (SDCC)

1512-637: The Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square , Sydney , New South Wales. The first superior court of the Colony of New South Wales (known as the Supreme Court of Civil Judicature ) was established by letters patent dated 2 April 1814, known as the Second Charter of Justice of New South Wales . That charter provided that there should be

1568-679: The Crime Commission Act 2012. The functions of the commission are discharged by its Commissioner, two Assistant Commissioners and staff. The commission is overseen by the New South Wales Crime Commission Management Committee, which consists of: The New South Wales Crime Commission works closely with the NSW Police Force. Statutory corporation Bodies described in the English language as "statutory corporations" exist in

1624-533: The Crime Commission acted outside the laws that govern the confiscation of criminal proceeds, and whether it had abused some of the processes of the court. On 11 August 2011, after a five-month trial, a NSW Supreme Court jury found former NSWCC assistant director Mark Standen guilty of conspiring to import and supply 300 kilograms (660 lb) of pseudoephedrine , a chemical that could produce A$ 60 million worth of "ice", or crystal methamphetamine . He

1680-399: The Crime Commission. Handing down the sentence on 8 December 2011, Justice Bruce James stated that Standen had shown no remorse during criminal proceedings and sentenced him to a maximum term of 22-years in custody. Standen may be eligible for early release on parole by 1 June 2024. Standen appealed his conviction and sentence on six grounds. His appeal was rejected on 13 August 2015. On

1736-554: The Drug Trafficking (Civil Proceedings) Act 1990 (later renamed the Criminal Assets Recovery Act 1990) was enacted and conferred on the commission the role of taking legal action to confiscate the proceeds of crime. Phillip Bradley was appointed a member in 1989 and became chairman in 1993. In 1996 the office of Chairman was abolished and replaced by the position of Commissioner. Bradley served as

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1792-555: The Government on 30 November 2011. Its findings have been made public. It found no evidence of misconduct or impropriety other than that of the assistant director, whose arrest and conviction could not have been achieved without the investigative work of the Crime Commission. The commission was originally established under the name State Drug Crime Commission by the State Drug Crime Commission Act 1985,

1848-549: The High Court are not limited to matters in which a federal question arises and the Constitution empowers the Federal Parliament to make laws vesting state courts with federal jurisdiction. The High Court of Australia can review decisions of the Supreme Court of New South Wales in relation to the common law and equitable jurisdictions of the court as well. The High Court of Australia has exercised this power on

1904-719: The New South Wales State Heritage Register on 2 April 1999, the site is now known as the Old Registry Building. Barnet extended the Old Registry building in 1875 and 1886. Designed by Walter Liberty Vernon and built between 1895 and 1896 in the Federation Free Classical style, the two-storey rich red brick Banco Court building was the third location of the Supreme Court. The Banco Wing is located to

1960-582: The New South Wales State Heritage Register. The second structure to house the Court is located immediately the southwest of the Greenway Wing on the corner of Elizabeth Street and St James Road. Designed by Government Architect Alexander Dawson , it is one of only two Government buildings which were designed in the Victorian Free Gothic style, the other being the nearby Land Titles Office . Built between 1859 and 1862 and listed on

2016-607: The New South Wales Supreme Court were sealed on 13 October 1823, and proclaimed in Sydney on 17 May 1824. They are known as the Third Charter of Justice of New South Wales. This charter provided that there should be a Chief Justice for the colony of New South Wales in the Island of New Holland (as the continent of Australia was then known), as well as other judges, a registrar , a prothonotary ,

2072-664: The administration of Equity and Common Law, although these continue as the historic names for the two divisions of the court. This process began in the United Kingdom with the passage of the Judicature Acts in 1873. Since 1930, three generations of the Street family have served New South Wales as Chief Justice. Supreme Court Judges Carolyn Simpson , Margaret Beazley and Virginia Bell made headlines in April 1999 when

2128-674: The building including an arcaded loggia along the King Street façade and the new classical cornice and parapet for the roof, giving the structure a Victorian Italianate appearance. The building was added to the New South Wales State Heritage Register on 2 April 1999. Greenway was also responsible for designing the nearby Hyde Park Barracks , recorded on the UNESCO World Heritage List , and St James' Church , listed on

2184-530: The case may be. Previously, a person had to be admitted as such in the United Kingdom. However, ex-convicts were not permitted to be admitted. In 1840, a Port Phillip division of the Court was created, consisting of a single Resident Judge, to exercise the court's jurisdiction in the Port Phillip District of the Colony of New South Wales. The division existed until 1852, when it was replaced by

2240-427: The commission was accused of undermining free speech by demanding records and phones from Fairfax journalists. With the matter still before the court, on 6 May 2011 the New South Wales Government extended the appointment of Bradley for a further six months. In May 2011, after the court had quashed the PIC's February decision, the Police Integrity Commission made a fresh decision to conduct a public inquiry into whether

2296-411: The east of the Old Registry building on St James Road and south of the Greenway Wing and makes little reference to the earlier buildings in either style or detailing. The interior of the courtroom has aesthetic significance and is said to be modelled on St Stephen's Court in Dublin . The court building is located in St James' Road, opposite the north-western edge of Hyde Park . Although in some sources it

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2352-414: The first Commissioner. The commission established itself as a successful criminal investigation and intelligence agency and a successful criminal asset confiscation agency. In the period leading up to the 2011 state election , the commission was the subject of several allegations regarding its practices. Those allegations were not sustained. In February 2011, the Police Integrity Commission (PIC) made

2408-416: The following countries in accordance with the associated descriptions (where provided). In Australia , statutory corporations are a type of statutory authority created by Acts of state or federal parliaments. A statutory corporation is defined in the federal Department of Finance 's glossary as a "statutory body that is a body corporate, including an entity created under section 87 of the PGPA Act" (i.e.

2464-417: The legal form of Sixth Form Colleges and Further Education Colleges , as well as Higher Education Corporations, the legal form of most post-1992 universities , are all statutory corporations created under the Education Reform Act 1988 and the Further and Higher Education Act 1992 ; a small number of older universities are also statutory corporations created under specific acts of parliament. The phrase

2520-441: The matter to the Supreme Court . The Commission sought an order quashing (on the ground of legal error by the PIC) the February 2011 PIC decision to hold public hearings, and the Supreme Court agreed and quashed the decision. The commission also sought to narrow the scope of the PIC hearings, and the Supreme Court made such an order, although the narrowing was not as great as the Crime Commission had sought. The controversy expanded as

2576-509: The paperwork with the appropriate agency as part of the formation of the entity. At the Federal level, a small number of corporations are created by Congress . Prior to the District of Columbia being granted the ability to issue corporate charters in the late 19th century, corporations operating in the District required a congressional charter . With limited exceptions, most corporations created by Congress are not federally chartered, but are simply created as District of Columbia corporations as

2632-560: The railway network and was previously also an operator. The MTR Corporation Limited was also such a company, then named as Mass Transit Railway Corporation. Other examples include the Ocean Park Corporation , and the former Industrial Estates Corporation and Land Development Corporation . Statutory corporations are government establishments brought into existence by a Special Act of the Parliament. The Act defines its powers and functions, rules and regulations governing its employees and its relationship with government departments. This

2688-502: The same day of Standen's conviction, the NSW Government announced that a Special Commission of Inquiry would be conducted into the affairs of the NSWCC. Handing his report to the NSW Government on 30 November 2011, it was reported that the Special Commissioner, retired Supreme Court justice David Patten, recommended sweeping changes to the NSWCC including to its governance structure, legislation, management of informants, complaint handling, auditing and oversight. The NSW Parliament later passed

2744-409: The statutory corporations are private commercial operations, a number of which have been privatised, in part or in whole, since the 1980s: these have included the national airline Qantas , Telstra (also previously known as Telecom Australia) and the Commonwealth Bank . A statutory corporation in Germany is called a Körperschaft des öffentlichen Rechts (KdöR). An example of a statutory corporation

2800-430: The subject of controversy following various allegations relating covert operations, secrecy and absence of defined accountability, and the conviction of an assistant director for serious criminal activities. In August 2011 the NSW Government announced that a Special Commission of Inquiry would be conducted into the NSW Crime Commission. Headed by retired Supreme Court justice David Patten, the Inquiry handed its report to

2856-426: The three sat in the Court of Criminal Appeal in Sydney . The Judges threw out an appeal from a convicted computer hacker who had, out of "sheer maliciousness", been posting offensive messages on Ausnet's homepage. According to the Women Lawyers Association of NSW, there had never been an all-female bench in England or New Zealand at the time. The court now operates under the Constitution Act 1902 (NSW),

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2912-431: The usual policy today is that a private limited company by shares or public limited company incorporated under the Companies' Acts is set up instead, with the relevant minister holding 100% of the issued share capital. Nonetheless, as of 2007 several prominent statutory corporations continue to exist, such as Raidió Teilifís Éireann (RTÉ), the Electricity Supply Board (ESB), Bord Gáis Éireann , An Bord Pleanála ,

2968-438: Was Judge John Lloyd-Jones, who was replaced after only four weeks following objection by the legal fraternity to the principle of a judicial officer's presiding over an investigative body. Richard Job, QC succeeded Lloyd-Jones as chairman, and the SDCC was led by Job together with Barrie Thorley, a former judge, and a retired vice-admiral, David Leach. The name of the commission and its statute were changed in 1990. In that year

3024-446: Was also found guilty of perverting the course of justice . In a 30-year career, Standen had risen to prominence in the perceived fight against organised crime in New South Wales, trusted by ministers and police commissioners, having previously served with the Australian Federal Police (AFP) and the Australian Customs Service . He was arrested by the AFP on 2 June 2008 after intensive surveillance and investigation, conducted jointly with

3080-433: Was designed by Francis Greenway in 1819 under the direction of Governor Macquarie . This building is now called the Greenway Wing. Greenway was dismissed before the building was completed and its design was so modified by his successor, Standish Lawrence Harris , that the building barely resembles his original design. The building was occupied by the Supreme Court from 1827. In the 1860s James Barnet designed additions for

3136-494: Was prepared in London by James Stephen , counsel to the Colonial Office , and Francis Forbes , Chief Justice of Newfoundland and Chief Justice-designate of New South Wales. The act was called an "Act to provide for the better administration of justice in New South Wales and Van Diemen's Land and for the more effectual government thereof" and is numbered as 4 Geo. 4 . c. 96. The statute was passed on 19 July 1823. In consequence of this legislation, letters patent establishing

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