Costigan Commission#Broader investigations
{{Short description|Royal Commission into the Painters and Dockers Union}}
{{Use Australian English|date=February 2014}}
{{Use dmy dates|date=February 2014}}
{{Infobox event
|title = Alleged criminal activities, including violence, associated with the Painters and Dockers Union
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|outcome = Establishment of the National Crime Authority
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|inquiries = Royal Commission on the Activities of the Federated Ship Painters and Dockers Union
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|blank_label = Commissioner
|blank_data = Frank Costigan, {{post-nominals|country=AUS|QC}}
|blank1_label = Inquiry period
|blank1_data = 1980–1984
|blank2_label = Constituting instrument
|blank2_data = {{Cite Legislation AU|Cth|act|rca1902224|Royal Commissions Act 1902}}
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|notes =Links to Final Reports at aph.gov.au: [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007890/upload_pdf/HPP032016007890.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers/HPP032016007890%22 Volume 1]; [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007891/upload_pdf/HPP032016007891.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers/HPP032016007891%22 Volume 2]; [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007892/upload_pdf/HPP032016007892.pdf;fileType=application%2Fpdf#search=%22Federated%20Ship%20Painters%20and%20Dockers'%20Union%20-%20Royal%20Commission%20(Mr%20F.X.%20Costigan,%20Q.C.)%20-%20Report%20-%20Final,%20dated%20October%201984%20-%20Volume%203%22 Volume 3]; [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007893/upload_pdf/HPP032016007893.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers/HPP032016007893%22 Volume 4]; [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007894/upload_pdf/HPP032016007894.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers/HPP032016007894%22 Volume 5]; [https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/HPP032016007895/upload_pdf/HPP032016007895.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers/HPP032016007895%22 Appendicies]
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The Costigan Commission (officially titled the Royal Commission on the Activities of the Federated Ship Painters and Dockers Union) was an Australian royal commission held in the 1980s.
Headed by Frank Costigan QC, the Commission was established by the Australian government on 10{{nbsp}}September 1980, jointly with the Victorian Government,{{Cite web |location=Parliament House, Canberra |title=Royal Commissions and Commissions of Inquiry |url=https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/Browse_by_Topic/law/royalcommissions |access-date=2022-04-10 |website=www.aph.gov.au |language=en-AU}} to investigate criminal activities, including violence, associated with the Painters and Dockers Union after a series of investigative newspaper articles that detailed a high level of criminality. The union was represented by prominent Melbourne criminal lawyer Frank Galbally.{{cite news |title=A supreme advocate at criminal law |url=https://www.smh.com.au/national/a-supreme-advocate-at-criminal-law-20051029-gdmc87.html |accessdate=2 March 2019 |work=The Sydney Morning Herald |date=29 October 2005}} The Commission was seen by many{{who|date=October 2022}} as politically motivated, in keeping with a long-running anti-union agenda pursued by the governing party of the day.{{cite journal |url=http://sites.thomsonreuters.com.au/journals/2012/09/03/the-queensland-lawyer-update-september-2012/ |journal=The Queensland Lawyer |date=3 September 2012 |title=Editorial update |publisher=Thomson Reuters (Professional) Australia Limited}}
The Painters and Dockers Union was notorious for its criminality and the Costigan Commission investigated numerous crimes, including a string of murders, assaults, tax-fraud networks, drug-trafficking syndicates and intimidation Costigan found the union since 1971 had "a positive policy of recruiting hardened criminals", who were essentially outsourced "to any dishonest person requiring criminals to carry out his project". The Commission noted 15 murders in which Painters and Dockers members were either involved, or in which the murder was related to union activities.
As the Commission investigated further it found money laundering occurring on an industrial scale, extensive fraud on the social security and pension systems, and the use of the so-called "bottom of the harbour" tax evasion schemes involving the asset-stripping of companies to avoid tax liabilities and, although facilitated by criminals among the Painters and Dockers Union, the practice benefited wealthy individuals.{{cite news |url=http://nla.gov.au/nla.news-article116411786 |title=Costigan finds 'major fraud scheme' |newspaper=The Canberra Times |volume=58 |issue=17,546 |location=Australian Capital Territory, Australia |date=13 October 1983 |accessdate=3 March 2019 |page=1 |via=National Library of Australia}}
The union
The Royal Commission's investigations soon revealed that many members of the union were involved in a wide range of criminal activities. Costigan observed that "The Union has attracted to its ranks in large numbers men who have been convicted of, and who continue to commit, serious crimes", and that "violence is the means by which they control the members of their group. They do not hesitate to kill".{{cite news |url=http://nla.gov.au/nla.news-article122526228 |title=THE COSTIGAN REPORT |newspaper=The Canberra Times |volume=59 |issue=17,932 |location=Australian Capital Territory, Australia |date=2 November 1984 |accessdate=3 March 2019 |page=13 |via=National Library of Australia}} Included in the crimes of Union members were "taxation fraud, social security fraud, ghosting, compensation fraud, theft on a grand scale, extortion, the handling of massive importations of drugs, the shipments of armaments, all manner of violence and murder". Despite the union's members being "careless of their reputation, glorying in its infamy", that very reputation attracted "employment by wealthy people outside their ranks who stoop to use their criminal prowess to achieve their own questionable ends".{{cite book|url=https://www.parliament.vic.gov.au/papers/govpub/VPARL1982-85No175.pdf|last=Costigan|first=Francis Xavier|title=Royal Commission on the Activities of the Federated Ship Painters and Dockers Union, Final Report, Volume 3|year=1984|publisher=Australian Government Publishing Service|pages=119–120}}
Broader investigations
In 1984, the Fairfax newspaper The National Times published leaked extracts of the Commission's draft report which implicated a prominent Australian businessman codenamed the "Goanna" in tax evasion and organised crime, including drug trafficking, pornography, and murder. Australia's richest man, media magnate Kerry Packer revealed himself to be the subject of these allegations, which he strenuously denied.{{cite news |url=http://nla.gov.au/nla.news-article136297130 |title=Packer cleared of Goanna allegations |newspaper=The Canberra Times |volume=61 |issue=18,802 |location=Australian Capital Territory, Australia |date=27 March 1987 |accessdate=3 March 2019 |page=1 |via=National Library of Australia}}
Packer's own Bulletin magazine had been instrumental in the calls for a Royal Commission into the union. Packer's counter-attack was led by his counsel Malcolm Turnbull, later the Prime Minister of Australia, and accused the Commission of a misuse of power.{{cite news |url=http://nla.gov.au/nla.news-article122533680 |title=Packer begins legal action |newspaper=The Canberra Times |volume=59 |issue=17,971 |location=Australian Capital Territory, Australia |date=11 December 1984 |accessdate=3 March 2019 |page=1 |via=National Library of Australia}} No charges were laid against Packer, and in 1987 Australia's Attorney-General Lionel Bowen formally dismissed the allegations. However, mystery still surrounds Packer's receipt of a supposed "loan" of A$225,000 in cash from a bankrupt Queensland businessman. When questioned by the Commission, Packer testified, "I wanted it in cash because I like cash. I have a squirrel-like mentality".{{cite news |url=http://www.smh.com.au/news/national/missing-a-mate-with-a-loan-for-packer/2005/07/10/1120934128872.html |title=Missing: a mate with a loan for Packer |author=McClymont, Kate |date=11 July 2005 |work=Sydney Morning Herald}} Packer was therefore codenamed the "Squirrel" in the Commission's case studies, but the National Times changed this to "Goanna" to preserve anonymity.{{cite news |url=http://nla.gov.au/nla.news-article136918823 |title=Packer denies crime ties |newspaper=The Canberra Times |volume=59 |issue=17,898 |location=Australian Capital Territory, Australia |date=29 September 1984 |accessdate=3 March 2019 |page=1 |via=National Library of Australia}}
The Commission concluded in 1984, and the revelations of organised crime led to the establishment of the National Crime Authority.{{cite news |url=http://nla.gov.au/nla.news-article116394208 |title=National crime body to take over from Costigan inquiry |newspaper=The Canberra Times |volume=58 |issue=17,572 |location=Australian Capital Territory, Australia |date=8 November 1983 |accessdate=3 March 2019 |page=1 |via=National Library of Australia}} The Commission also recommended changes to criminal law to deprive criminals of the profit from their crimes.
At Kerry Packer's state funeral in February 2006, his son James stated that the Packer family had never forgiven Costigan for what they took to be a smear. Costigan publicly responded that, as Royal Commissioner, he simply investigated, and did not make allegations or prosecute.{{cite news |url=http://www.theage.com.au/news/national/costigan-hits-back-at-criticism/2006/02/20/1140284007926.html |title=Costigan hits back at criticism |author=Shiel, Fergus |work=The Age |date=21 February 2006}}{{cite news |url=http://www.smh.com.au/news/national/costigan-hits-back-at-packer-ignorance/2006/02/20/1140283984547.html |title=Costigan hits back at Packer 'ignorance' |work=Sydney Morning Herald |date=20 February 2006 |agency=AAP}}
Outcome
Although the Costigan Commission found extensive and numerous illegal activities by the Union it was not deregistered.
Rather the biggest achievement was as a direct result of the Commission was the establishment of a permanent body called the National Crime Authority, now called the Australian Criminal Intelligence Commission (ACIC), to investigate criminal enterprises and crimes.{{fact|date=August 2022}}
References
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{{Commonwealth of Australia Royal Commissions |state=autocollapse}}
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Category:1980 in Australian law
Category:Commonwealth of Australia royal commissions