RCMPI

Appendices

Appendix A — H

Appendix A: Letters Patent

Appendix A: Letters Patent

Appendix A: Letters Patent 2
Appendix A: Letters Patent 3
Appendix A: Letters Patent 4

Appendix B: Amendments to Letters Patent

Amendments to Letters Patent
Amendments to Letters Patent 2

Appendix C: List of public submissions

In February 2019, the Commission invited members of the public and organisations to make written submissions relevant to the Commission’s terms of reference. Submissions received by the Commission were treated as public, anonymous or confidential.

While the Commission’s preference was to make submissions publicly available, there are various reasons why this was not always possible, including the author’s preference for the treatment of their submission; the need to protect the safety of the author or other individuals; and legal reasons such as restrictions on the publication of information subject to a public interest immunity claim or court suppression orders.

In total, the Commission received 157 submissions. Of those, 65 were treated as public submissions and are listed in the table below. Some of these were published to the Commission’s website.

The remaining 92 submissions were treated as anonymous or confidential. The Commission was unable to consider submissions that did not fall within the scope of the terms of reference. As such, these submissions are not listed in the table below.

Submission number

Name of submitter

Submission 002

Mr Christos Matheas

Submission 003

Mr Dale O’Sullivan

Submission 004

Mr Jan Visser

Submission 006

Dr Olivia Ljubanovic

Submission 007

Mr Dragan Arnautovic

Submission 008

Community Advocacy Alliance Incorporated

Submission 011

Mr Antony (Dritan) Fezollari

Submission 012

Mr David Ryan

Submission 021

Mr Peter Lalor

Submission 023

Emeritus Professor Adrian Evans et al

Submission 024

Mr Brendan Moss

Submission 026

Mr Thomas Maule

Submission 039

Mr Andrew Hodson and Ms Mandy Leonard

Submission 040

Mr Robert Hynninen

Submission 041

Mr Faruk Orman

Submission 042

Mr David Horin

Submission 046

Mr Rohan Brown

Submission 054

Mr Zlate Cvetanovski

Submission 058

Mr Pasquale Barbaro

Submission 059

Dr Craig Minogue

Submission 061

Mr John Glascott

Submission 062

Mr Gerrit Schorel-Hlavka

Submission 063

Mr Tony Kellisar

Submission 064

Mr Sean Sonnet

Submission 067

Mr William (Bill) Robertson

Submission 074

Mr Anastasios Papadopoulos

Submission 079

Mr Paul Dale

Submission 082

Mr Peter S

Submission 083

Mr John Patrick Ford

Submission 085

Mr Francesco Madafferi

Submission 087

Mr Salvatore Agresta

Submission 090

Mr Jamie Sumner

Submission 091

Victorian Bar

Submission 097

Criminal Bar Association, Victoria

Submission 098

International Commission of Jurists, Victoria

Submission 099

Law Institute of Victoria

Submission 100

Mr Raymond Hoser

Submission 101

Australasian Institute of Policing

Submission 102

Deakin Law Clinic

Submission 104

Ms Kimberley Risson

Submission 108

Mr John Quail

Submission 109

Mr Manfred Ulrich Kobert

Submission 111

Victorian Equal Opportunity and Human Rights Commission

Submission 112

Victoria Legal Aid

Submission 114

Mr Stephen Gavanas

Submission 116

Victorian Legal Services Board and Commissioner

Submission 117

Adjunct Professor Colleen Lewis

Submission 123

Mr Stephen Asling

Submission 128

Mr Giovanni Polimeni

Submission 130

Professor Clive Harfield

Submission 138

Mr Anthony (Tony) Smart

Submission 139

Dr James Saleam

Submission 140

Mr Brody McDonald

Submission 142

Director of Public Prosecutions, Victoria

Submission 143

Commonwealth Director of Public Prosecutions

Submission 144

Victoria Police

Submission 145

Victoria Legal Aid

Submission 146

Law Institute of Victoria

Submission 147

Criminal Bar Association, Victoria

Submission 149

Mr Stephen Macras

Submission 150

Mr Denys Goldthorpe

Submission 154

Supreme Court of Victoria

Submission 155

Mr Matt Tomas

Submission 156

The Honourable Douglas Drummond, QC
Submission 157 Independent Broad-based Anti-corruption Commission

Appendix D: List of responsive submissions

Section 12 of the Inquiries Act 2014 (Vic) (Inquiries Act) enables a royal commission to conduct its inquiry in any manner it considers appropriate, subject to the requirements of procedural fairness, its Letters Patent and the Act.

Section 36 of the Inquiries Act requires that when a royal commission proposes to make a finding that is adverse to a person, it has to be satisfied that the person:

  • is aware of the matters on which the proposed finding is based
  • has had an opportunity, at any time during the inquiry, to respond to those matters.

A royal commission must consider a person’s response (if any) before making a finding that is adverse to the person, and must fairly set out the person’s response in its report.

Terms of reference 1–2

In June 2020, Counsel Assisting the Commission produced written submissions to the Commission in relation to terms of reference 1 and 2.1 In those submissions, Counsel proposed findings they considered were open to the Commissioner to make. They also detailed their examination of 124 cases that may have been affected by Victoria Police’s use of Ms Nicola Gobbo as a human source.

To acquit its obligations under sections 12 and 36 of the Inquiries Act, the Commission provided affected people and organisations with copies or relevant extracts of Counsel Assisting submissions and invited them to make submissions to the Commission in response (known as ‘responsive submissions’).

After publishing Counsel Assisting submissions and responsive submissions to its website, the Commission also invited further submissions from:

  • members of the public who considered that they may be adversely affected by those submissions
  • organisations and people who had already made a responsive submission, to respond to submissions made by others.

In September 2020, Counsel Assisting produced reply submissions to address some key issues raised in responsive submissions.2 The Commission received further submissions from affected people and organisations in response to those reply submissions.

The Commission received 45 responsive submissions in relation to terms of reference 1 and 2, two of which were treated as confidential and were unable to be published to the Commission’s website or listed below. The remaining 43 responsive submissions are listed in the table below.

Submission

Date of submission

Australian Criminal Intelligence Commission

7 August 2020

Director of Public Prosecutions and the Office of Public Prosecutions, Victoria

7 August 2020

Director of Public Prosecutions and the Office of Public Prosecutions, Victoria

11 September 2020

Independent Broad-based Anti-corruption Commission

15 September 2020

Mr Alan Saric

7 August 2020

Mr Alan Woodhead

7 August 2020

Mr Antonios (Tony) Mokbel (annexure)

13 August 2020

Mr Antonios (Tony) Mokbel

14 August 2020

Mr Cameron Davey

7 September 2020

Mr Carmelo Falanga

7 August 2020

Ms Christine Nixon, APM

30 August 2020

Mr Francesco Madafferi

6 August 2020

Mr Giovanni Polimeni

6 August 2020

Mr Graham Ashton, AM, APM

7 August 2020

Mr Jeffrey (Jeff) Pope

8 September 2020

Mr John Higgs

7 August 2020

Ms Nicola Gobbo

14 August 2020

Ms Nicola Gobbo

8 September 2020

Mr Paul Dale

21 July 2020

Mr Paul Mullett, APM and Mr Noel Ashby, APM

29 July 2020

Mr Paul Mullett, APM and Mr Noel Ashby, APM

7 September 2020

Officer Pearce (a pseudonym)

7 August 2020

Mr Peter Lalor

21 July 2020

Officer Richards (a pseudonym)

6 August 2020

Mr Salvatore Agresta

6 August 2020

Mr Shane O’Connell

9 October 2020

Mr Simon Overland, APM

18 August 2020

Mr Simon Overland, APM

28 August 2020

Mr Simon Overland, APM

7 September 2020

Mr Simon Overland, APM3

9 October 2020

Mr Simon Overland, APM (response to Solicitors Assisting)4

9 October 2020

Mr Solon (Sol) Solomon

7 September 2020

Six former officers of the Source Development Unit:

  • Officer Black (a pseudonym)
  • Officer Fox (a pseudonym)
  • Officer Green (a pseudonym)
  • Officer Peter Smith (a pseudonym)
  • Officer Sandy White (a pseudonym)
  • Officer Wolf (a pseudonym)

7 August 2020

Six former officers of the Source Development Unit:

  • Officer Black (a pseudonym)
  • Officer Fox (a pseudonym)
  • Officer Green (a pseudonym)
  • Officer Peter Smith (a pseudonym)
  • Officer Sandy White (a pseudonym)
  • Officer Wolf (a pseudonym)

2 September 20205

Victoria Police (specified former and current officers):

  • Commander Stuart Bateson
  • Mr Anthony (Tony) Biggin
  • Inspector Dale Flynn
  • Superintendent Jason Kelly
  • Mr James (Jim) O’Brien
  • Detective Sergeant Paul Rowe
  • Mr Gavan Ryan6

17 August 2020

Victoria Police7

24 August 20208

Victoria Police (annexure: specified individual officers):

  • Detective Inspector Martin Allison
  • Mr Lindsay Attrill
  • Mr Graham Brown
  • Inspector Boris Buick
  • Mr Timothy (Tim) Cartwright, APM
  • Assistant Commissioner Thomas (Luke) Cornelius, APM
  • Mr Douglas (Doug) Cowlishaw
  • Inspector Andrew Glow
  • Acting Inspector Mark Hatt
  • Detective Sergeant Craig Hayes
  • Assistant Commissioner Robert Hill
  • Sergeant Tim Johns
  • Acting Senior Sergeant Michelle Kerley
  • Mr Findlay (Fin) McRae
  • Mr Dannye Moloney
  • Mr Shane O’Connell
  • Superintendent John O’Connor
  • Superintendent Mark Porter
  • Detective Superintendent Paul Sheridan
  • Detective Inspector Steven Smith
  • Mr Stephen (Steve) Waddell
  • Mr Rodney (Rod) Wilson9

24 August 202010

Victoria Police (McGrath statement)11

31 August 2020

Victoria Police (specified former and current officers):

  • Commander Stuart Bateson
  • Mr Anthony (Tony) Biggin
  • Inspector Dale Flynn
  • Superintendent Jason Kelly
  • Mr James (Jim) O’Brien
  • Detective Sergeant Paul Rowe
  • Mr Gavan Ryan

8 September 2020

Victoria Police (six former officers of the Source Development Unit)12

8 September 2020

Victoria Police13

6 October 2020

Victoria Police (specified former and current officers):

  • Commander Stuart Bateson
  • Mr Anthony (Tony) Biggin
  • Inspector Dale Flynn
  • Inspector Mark Hatt
  • Mr James (Jim) O’Brien
  • Detective Sergeant Paul Rowe
  • Mr Gavan Ryan14

9 October 2020

Victorian Government Solicitor’s Office

8 September 2020

Terms of reference 3–6

In September 2020, the Commission provided Victoria Police and The Police Association with relevant extracts of the Commission’s draft final report that may have been considered adverse to their interests and invited them to make responsive submissions. The Commission also provided the Director of Public Prosecutions and the Office of Public Prosecutions with relevant extracts of the Commission’s draft final report and invited them to respond.

The Commission received four responsive submissions in relation to terms of reference 3–6, as listed in the table below.

Director of Public Prosecutions, Victoria

15 September 2020

The Police Association of Victoria

11 September 2020

Victoria Police

20 September 2020

Victoria Police

28 September 2020

Endnotes

1 Chris Winneke, Andrew Woods and Megan Tittensor, ‘Counsel Assisting submissions with respect to Terms of Reference 1 and 2’, Royal Commission into the Management of Police Informants (26 June 2020).

2 Chris Winneke, Andrew Woods and Megan Tittensor, ‘Counsel Assisting reply submissions with respect to Terms of Reference 1 and 2’, Royal Commission into the Management of Police Informants (21 September 2020).

3 This submission was made in response to Counsel Assisting reply submissions.

4 This submission was made in response to a letter to Mr Overland from Solicitors Assisting the Commission dated 1 October 2020.

5 This submission is dated 2 September 2020 but was provided to the Commission on 7 September 2020.

6 Victoria Police refers to this submission as its ‘Tranche 1 submissions’ dated 17 August 2020.

7 Victoria Police refers to this submission as its ‘Tranche 2 submissions’ dated 25 August 2020.

8 This submission is dated 24 August 2020 but was provided to the Commission on 25 August 2020.

9 This submission was annexed to Victoria Police’s ‘Tranche 2 submissions’ and was made on behalf of the 22 current and former officers of Victoria Police listed.

10 This submission is dated 24 August 2020 but was provided to the Commission on 25 August 2020.

11 This submission was made on behalf of Victoria Police and relevant individuals in relation to the Thomas Case Study in Counsel Assisting submissions. It addresses a statement made by Mr McGrath (a pseudonym), a person referred to in the Thomas Case Study.

12 This submission was made by Victoria Police in response to the submissions of six former officers of the Source Development Unit.

13 This submission was made by Victoria Police in response to Counsel Assisting reply submissions.

14 This submission was made by Victoria Police on behalf of the individual former and current officers of Victoria Police who filed ‘Tranche 1’ submissions (save for Superintendent Jason Kelly) and Inspector Mark Hatt. It was made in response to Counsel Assisting reply submissions.

Appendix E: List of witnesses at the Commission’s hearings

During its inquiry, the Commission held 129 days of hearings and heard evidence from 82 witnesses in public and private hearings. The Commission held private hearings or closed parts of its hearings to protect the safety of certain witnesses and affected persons.

The names of witnesses who appeared at public hearings are listed below. These hearings, or parts of the hearings, were open to the public and streamed on the Commission’s website. Transcripts and exhibits from the Commission’s public hearings were also published on the website.

Some witnesses were assigned pseudonyms to protect the sensitivity of information, the witness’ safety or reputation, or because the Commissioner considered it appropriate to do so pursuant to section 26 of the Inquiries Act 2014 (Vic).

For Victoria Police officers, the list below gives either their role at the time of their appearance at the hearing(s), their rank at the time they left Victoria Police and/or the capacity in which they were called as a witness before the Commission, unless their role is the subject of a non-publication order.

Witness

Role

Hearing date(s)

Officer Black (a pseudonym)

Former handler and acting controller, Victoria Police

14 March, 22–25 October and 29 October 2019

Mr Neil Paterson, APM

Assistant Commissioner, Victoria Police

27–29 March and 9 May 2019

Mr Trevor Ashton

Inspector, Victoria Police

29 March 2019

Mr John Gibson

Former Detective Sergeant, Victoria Police

29 March 2019

Mr Michael Holding

Former Senior Constable, Victoria Police

29 March 2019

Mr Peter Trichias

Detective Senior Sergeant, Victoria Police

29 March, 20 June and 25–27 June 2019

Mr Timothy (Tim) Argall

Detective Senior Sergeant, Victoria Police

1 April and 18 June 2019

Mr Rodney Arthur

Detective Senior Sergeant, Victoria Police

1 April 2019

Mr Gavan Segrave

Detective Inspector, Victoria Police

1 April 2019

Mr Jeffrey (Jeff) Pope

Former Assistant Commissioner, Victoria Police

1–2 April 2019, 19 February 2020

Officer Kruger (a pseudonym)

Former officer, Victoria Police

2 April and 8 May 2019

Confidential witness

Former officer, Victoria Police

16 April 2019

Mr Mark Bowden

Former Detective Senior Sergeant, Victoria Police

16 April 2019

Mr Wayne Strawhorn

Former Detective Senior Sergeant, Victoria Police

30 April–1 May 2019

Mr Martin Allison

Inspector, Victoria Police

1 May 2019

Mr Steven Martin

Former Detective Sergeant, Victoria Police

1 May 2019

Mr Christopher Notman

Former Inspector, Victoria Police

1 May 2019

Mr David Bartlett

Detective Senior Constable, Victoria Police

2 May 2019

Confidential witness

Registered general practitioner

8 May 2019

Mr Peter De Santo

Former Commander, Victoria Police

9–10 May 2019

Mr Charlie Bezzina

Former Detective Senior Sergeant, Victoria Police

14 May 2019

Mr Terry Purton

Former Commander, Victoria Police

14 May 2019

Ms Liza Burrows

Detective Senior Constable, Victoria Police

15 May 2019

Mr Robert Hill

Assistant Commissioner, Victoria Police

15 May 2019

Mr Wayne Cheesman

Inspector, Victoria Police

16 May 2019

Mr Kevin Sheridan

Superintendent, Victoria Police

16 May 2019

Mr George Tapai

Former Inspector, Victoria Police

16 May 2019

Mr Andrew (Murray) Gregor

Former Detective Senior Sergeant, Victoria Police

17 May 2019

Mr Stephen Campbell

Former Detective Senior Constable, Victoria Police

21 May 2019

Person 12 (a pseudonym)

Former client of Ms Nicola Gobbo

21–22 May 2019

Mr Paul Dale

Former Detective Sergeant, Victoria Police

22 May, 17 June, 21 June and 25 June 2019

Mr David Miechel

Former Detective Senior Constable, Victoria Police

22 May 2019

Mr Jason Kelly

Superintendent, Victoria Police

19–20 June 2019

Mr Scott Mahony

Superintendent, Victoria Police

19 June 2019

Mr Andrew Allen, APM

Former Superintendent, Victoria Police

26 June 2019

Mr Mark Hatt

Acting Inspector, Victoria Police

27–28 June 2019

Mr Philip Swindells

Former Inspector, Victoria Police

27 June 2019

Mr Nigel L’Estrange

Detective Senior Sergeant, Victoria Police

28 June 2019

Mr Paul Rowe

Detective Sergeant, Victoria Police

28 June, 1 July, 12–13 November and 19 November 2019

Mr Stuart Bateson

Commander, Victoria Police

1–2 July, 19–22 November, 28 November and 2 December 2019

Officer Sandy White (a pseudonym)

Former controller, Victoria Police

30–31 July, 1–2 August, 5–8 August, 15–16 August, 19–23 August, 2–3 September and 5 September 2019

Mr Gavan Ryan

Former Detective Inspector, Victoria Police

9 and 13–15 August 2019

Officer Paige (a pseudonym)

Former officer, Victoria Police

13 August 2019

Mr James (Jim) O’Brien

Former Detective Inspector, Victoria Police

3–6 and 9–10 September 2019

Officer Peter Smith (a pseudonym)

Former handler, Victoria Police

10–12 September 2019

Officer Fox (a pseudonym)

Former handler, Victoria Police

12–13 and 18 September 2019

Mr Mark Porter

Superintendent, Victoria Police

18–20 September 2019

Mr Dale Flynn

Inspector, Victoria Police

20 September and 30 September– 4 October 2019

Officer Green (a pseudonym)

Former handler, Victoria Police

4 and 8 October 2019

Mr Anthony (Tony) Biggin

Former Superintendent, Victoria Police

9–11 October 2019

Officer Richards (a pseudonym)

Former handler and acting controller, Victoria Police

11 and 21–22 October 2019

Mr Boris Buick

Inspector, Victoria Police

29–30 October, 1 November and 11–12 November 2019

Mr Cooper (a pseudonym)

Former client of Ms Nicola Gobbo

31 October 2019 and 24 January 2020

Mr Craig Hayes

Detective Sergeant, Victoria Police

12 November 2019

Mr Bickley (a pseudonym)

Former client of Ms Nicola Gobbo

18 November 2019

Mr John O’Connor

Superintendent, Victoria Police

27 November 2019

Mr Dean McWhirter

Assistant Commissioner, Victoria Police

2 December 2019

Mr John (Jack) Blayney, APM

Assistant Commissioner, Victoria Police

2–3 December 2019

Mr Douglas (Doug) Cowlishaw

Former Inspector, Victoria Police

3 December 2019

Mr Rodney (Rod) Wilson

Former Superintendent, Victoria Police

4–5 December 2019

Mr Paul Sheridan

Detective Superintendent, Victoria Police

5 December 2019, 7 February and 12 February 2020

Mr Graham Ashton, AM, APM

Chief Commissioner, Victoria Police

9–11 December 2019

Mr Thomas (Luke) Cornelius, APM

Assistant Commissioner, Victoria Police

12 December 2019, 23–24 January and 29–30 January 2020

Sir Kenneth (Ken) Jones, QPM

Former Deputy Commissioner, Victoria Police

13 December 2019

Mr Simon Overland, APM

Former Chief Commissioner, Victoria Police

16–20 December 2019 and 21–23 January 2020

Ms Christine Nixon, APM

Former Chief Commissioner, Victoria Police

18 December 2019

Mr Findlay (Fin) McRae

Executive Director of Legal Services, Victoria Police

30–31 January and 3–5 February 2020

Ms Nicola Gobbo

Former barrister and human source

4–7 and 11 February 2020

Mr Kenneth (Ken) Lay, AO, APM

Former Chief Commissioner, Victoria Police

10 February 2020

Mr Thomas (a pseudonym)

Former client of Ms Nicola Gobbo

10 February 2020

Mr Paul Hollowood

Superintendent, Victoria Police

12 February 2020

Mr Steven (Steve) Smith

Detective Inspector, Victoria Police

12–13 February 2020

Mr Stephen (Steve) Waddell

Former Inspector, Victoria Police

13 February 2020

Mr Ronald (Ron) Iddles, OAM, APM

Former Detective Senior Sergeant, Victoria Police

13–14 February 2020

Mr Timothy (Tim) Cartwright, APM

Former Acting Chief Commissioner, Victoria Police

14 and 18 February 2020

Mr Stephen (Steve) Leane, APM

Former Assistant Commissioner, Victoria Police

18 February 2020

Mr Shane O’Connell

Former Detective Senior Sergeant, Victoria Police

18 and 21 February 2020

Mr Tim Johns

Sergeant, Victoria Police

20 February 2020

Mr Dannye Moloney, APM

Former Assistant Commissioner, Victoria Police

20 February 2020

Mr John Nolan

Commander, Victoria Police

21 February 2020

Ms Wendy Steendam, APM

Deputy Commissioner, Victoria Police

7 May 2020

Sir Jonathan (Jon) Murphy, QPM, DL

Professor, Advanced Policing Studies, Liverpool John Moores University, United Kingdom

13 May 2020

Appendix F: List of parties with leave to appear

The Commission’s hearings were held between 15 February 2019 and 13 May 2020.

People or organisations (or their legal representatives) who wanted to take part in those hearings had to apply to the Commission for ‘leave to appear’.

In some cases, the Commission granted ‘standing leave’, enabling parties to participate in most of the Commission’s hearings. In other cases, the Commission granted specific leave, enabling parties to participate in parts of the Commission’s hearings (for example, on certain hearing days, in relation to certain witnesses, or as part of certain directions hearings). In some cases, the Commission also granted parties leave to cross-examine specific witnesses.

The Commission received 182 applications for leave to appear, relating to 72 individuals. Of these, the Commission granted 63 parties leave to appear. These parties are listed below.

Parties with standing leave

Mr Graham Ashton, AM, APM

Represented by Corrs Chambers Westgarth

Counsel: Mr Andrew Coleman, SC, Mr Tim Game, SC, Mr Peter Silver

Australian Criminal Intelligence Commission

Represented by the Australian Government Solicitor

Counsel: Ms Sashi Maharaj, QC

Australian Federal Police

Represented by Clayton Utz

Commonwealth Director of Public Prosecutions

Represented by the Australian Government Solicitor

Counsel: Ms Anna Mitchelmore, SC, Ms Catherine Fitzgerald, Mr Daniel Holding, Ms Astrid Haban-Beer, Ms Rosalind Avis

Director of Public Prosecutions and the Office of Public Prosecutions (Victoria)

Represented by the Office of Public Prosecutions

Counsel: Mr Christopher Caleo, QC, Mr Patrick Doyle, Ms Kateena O’Gorman

Former officers of the Source Development Unit – Officers Black, Fox, Green, Peter Smith, Sandy White and Wolf (pseudonyms)

Represented by Tony Hargreaves & Partners

Counsel: Mr Geoffrey Chettle, Ms Lucy Thies

Ms Nicola Gobbo

Represented by MinterEllison

Counsel: Mr Peter W Collinson, QC, Mr Rishi Nathwani

State of Victoria

Represented by Gilbert + Tobin

Counsel: Dr Catherine Button, SC, Mr Christopher McDermott, Mr Timothy Goodwin, Mr Liam Brown, Mr Graeme Hill

Victoria Police

Represented by Corrs Chambers Westgarth

Counsel: Mr Saul Holt, QC, Mr Justin Hannebery, QC, Ms Renee Enbom, SC, Ms Karen Argiropoulos

Parties with specific leave

Mr Salvatore Agresta

Represented by Condello Lawyers

Mr Stephen Asling

Represented by Stary Norton Halphen1

Counsel: Mr Matthew Goldberg

Mr Andrews (a pseudonym)

Represented by Moray & Agnew Lawyers

Counsel: Mr Christopher Tran

Mr Dragan Arnautovic

Represented by Patrick W Dwyer Lawyers

Mr Noel Ashby, APM

Represented by Stephens Lawyers & Consultants

Counsel: Ms Julie Condon, QC, Ms Ruth Shann

Australian Broadcasting Corporation

Represented by Macpherson Kelley

Counsel: Mr Sandy Dawson, SC

Mr Pasquale Barbaro

Represented by Theo Magazis & Associates

Counsel: Mr Christopher Wareham

Mr Cooper (a pseudonym)

Represented by Fayman Lawyers

Counsel: Mr Malcolm H Thomas, Ms Emily Clark

Mr Zlate Cvetanovski

Represented by Galbally Parker

Mr Paul Dale

Represented by Gordon Legal

Counsel: Mr Geoffrey Steward

Department of Home Affairs

Represented by Australian Government Solicitor

Counsel: Ms Shanta Martin

Mr Jacques El-Hage

Represented by Sarah Tricarico Lawyers

Mr Carmelo Falanga

Represented by Sarah Tricarico Lawyers

Mr Kevin Farrugia

Represented by Sarah Tricarico Lawyers

Mr Evangelos Goussis

Represented by James Harris Lawyers

Counsel: Dr Mark Gumbleton, Mr Adam Chernok

Mr Gregory (a pseudonym)

Represented by Chris McLennan & Co Barristers and Solicitors

Counsel: Mr Christopher Terry

Herald and Weekly Times Pty Ltd, Nationwide News Pty Ltd, Nine Network Australia Pty Ltd, The Age Company Ltd, Seven Network (Operation) Pty Ltd

Represented by Macpherson Kelley

Mr John Higgs

Represented by Stephen Andrianakis & Associates

Counsel: Ms Caitlin Dwyer

Mr Andrew Hodson and Ms Mandy Leonard

Represented by Robinson Gill Lawyers

Counsel: Dr Kristine P Hanscombe, QC and Ms Kate Bowshell

Mr Ronald (Ron) Iddles, OAM, APM

Represented by Galbally & O’Bryan Lawyers

Counsel: Mr Robert Richter, QC

Mr David Ilic

Represented by Garde Wilson Lawyers

Mr Rabie (Rob) Karam

Represented by Garde Wilson Lawyers

Mr Peter Lalor

Represented by Kenna Teasdale Lawyers

Counsel: Mr Geoffrey Steward

Mr Francesco Madafferi

Represented by Condello Lawyers

Counsel: Ms Lucy Kirwan

Mr Antonios (Tony) Mokbel

Represented by Sarah Tricarico Lawyers

Counsel: Mr Richard Maidment, QC

Mr Horty Mokbel

Represented by Sarah Tricarico Lawyers

Mr Kabalan Mokbel

Represented by Sarah Tricarico Lawyers

Mr Milad Mokbel

Represented by Sarah Tricarico Lawyers

Ms Zaharoula Mokbel

Represented by Sarah Tricarico Lawyers

Mr Paul Mullett, APM

Represented by Stephens Lawyers & Consultants

Counsel: Ms Julie Condon, QC, Ms Ruth Shann

Mr Shane O’Connell

Represented by Corrs Chambers Westgarth

Counsel: Ms Siobhan Kelly, Ms Holly Jager

Mr Faruk Orman

Represented by Robinson Gill Lawyers

Counsel: Ms Stephanie Wallace, Ms Carly Lloyd

Mr Simon Overland, APM

Represented by Corrs Chambers Westgarth

Counsel: Mr Jeffery Gleeson, QC, Ms Georgie Coleman

Person 12 (a pseudonym)

Represented by Furstenberg Law

Mr Jeffrey (Jeff) Pope

Represented by Arnold Bloch Leibler

Counsel: Mr Murugan Thangaraj, SC

Officer Richards (a pseudonym)

Represented by Kenna Teasdale Lawyers

Counsel: Mr Andrew Purcell

Mr Pasquale John Sergi

Represented by May Lawyers

Counsel: Mr Lachlan Molesworth

Mr Solon (Sol) Solomon

Represented by Sparke Helmore Lawyers

Mr Wayne Strawhorn

Represented by Galbally & O’Bryan Lawyers

Counsel: Mr Peter Morrissey, SC

Mr Thomas (a pseudonym)

Represented by Pica Criminal Lawyers

Counsel: Mr Jason Pizer, QC, Mr Ashley Halphen

Mr David Tricarico

Represented by Sarah Tricarico Lawyers

Victorian Government Solicitor’s Office

Represented by Victorian Government Solicitor’s Office

Victorian Legal Services Board and Commissioner

Represented by Colin Biggers & Paisley Lawyers

Mr Saverio Zirilli

Represented by Nicholas James Lawyers

Counsel: Mr Adam Chernok

1 While Mr Asling was represented by Stary Norton Halphen at the time he was granted leave to appear, he was later represented by Melasecca Kelly Zayler in relation to other Commission processes.

Appendix G: List of stakeholders consulted by the Commission

The Commission greatly benefited from consultations with 97 agencies and experts who shared their views and experience on matters related to the terms of reference.

Six of these consultations were informal or were treated confidentially. The remaining 91 consultations are listed in the tables below.

Law enforcement, intelligence and justice agencies and courts: Australian jurisdictions

Australian Criminal Intelligence Commission

Australian Federal Police

Australian Security Intelligence Organisation

Department of Justice and Community Safety, Victoria

New South Wales Crime Commission

New South Wales Police

Northern Territory Police

Queensland Police

South Australia Police

Supreme Court of Victoria

Tasmania Police

Victoria Police

Western Australia Police

Law enforcement, intelligence and justice agencies: International jurisdictions

Criminal Cases Review Commission, United Kingdom

Drug Enforcement Administration, United States

Home Office, United Kingdom

International Association of Chiefs of Police, United States

Metropolitan Police, United Kingdom

National Crime Agency, United Kingdom

New Zealand Police

Police Scotland

Police Service of Northern Ireland

Royal Canadian Mounted Police

Prosecuting authorities: Australian and international jurisdictions

Commonwealth Director of Public Prosecutions

Crown Office and Procurator Fiscal Service, Scotland

Crown Prosecution Service, United Kingdom

Director of Public Prosecutions, Victoria

Office of Public Prosecutions, Victoria

Office of the Director of Public Prosecutions, Australian Capital Territory

Office of the Director of Public Prosecutions, New South Wales

Office of the Director of Public Prosecutions, Queensland

Office of the Director of Public Prosecutions, South Australia

Office of the Director of Public Prosecutions, Tasmania

Office of the Director of Public Prosecutions for Western Australia

Bar associations

Australian Bar Association

Australian Capital Territory Bar Association

Bar Association of Queensland

Criminal Bar Association, Victoria

New South Wales Bar Association

Northern Territory Bar Association

Victorian Bar

Law societies, institutes and councils

Law Council of Australia

Law Institute of Victoria

Law Society of New South Wales

Law Society of South Australia

Legal Profession Board of Tasmania

Legal Profession Conduct Commissioner, South Australia

Legal Services Commission, Queensland

Legal Services Council

Office of the Legal Services Commissioner, New South Wales

Victorian Legal Admissions Board

Victorian Legal Services Board + Commissioner

Police oversight, integrity and anti-corruption agencies: Australian and international jurisdictions

Australian Commission for Law Enforcement Integrity

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Commonwealth Ombudsman

Corruption and Crime Commission, Western Australia

Crime and Corruption Commission, Queensland

Her Majesty’s Crown Prosecution Service Inspectorate, United Kingdom

Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, United Kingdom

Her Majesty’s Inspectorate of Constabulary in Scotland

Independent Broad-based Anti-Corruption Commission, Victoria

Independent Commission Against Corruption Northern Territory

Independent Commissioner Against Corruption, South Australia

Independent Office for Police Conduct, United Kingdom

Independent Police Conduct Authority, New Zealand

Integrity Commission, Tasmania

Investigatory Powers Commissioner’s Office, United Kingdom

Law Enforcement Conduct Commission, New South Wales

Office of the Independent Police Review Director, Canada

Office of the Victorian Information Commissioner

Ombudsman Northern Territory

Police Ombudsman for Northern Ireland

Public Interest Monitor, Victoria

Victorian Inspectorate

Victorian Ombudsman

Academics, research institutes and experts: Australian and international jurisdictions

Dr Adrian James, Liverpool John Moores University

Professor Alexandra Natapoff, University of California

Emeritus Professor Arie Freiberg, Monash University

Australian New Zealand Policing Advisory Agency

Adjunct Associate Professor Dr Charl Crous, APM

College of Policing, United Kingdom

Mr Garry Dobson

Dr John Buckley

Professor Sir Jonathan (Jon) Murphy, QPM, DL, Liverpool John Moores University

Associate Professor Pamela Henry, Edith Cowan University

Mr Peter Collins

Dr Thomas Smith, University of the West of England

Other Victorian stakeholders

Police Registration and Services Board, Victoria

Victoria Legal Aid

Victorian Equal Opportunity and Human Rights Commission

Victorian Government Solicitor’s Office

Appendix H: List of people who worked with the Commission

The Honourable Margaret McMurdo, AC was Commissioner and Chairperson of the Commission. From December 2018 until February 2019, she was supported by Mr Malcolm Hyde, AO, APM as Commissioner.

The Commission

Many people were employed by or worked with the Commission at various times between 13 December 2018 and 30 November 2020. Those who agreed to be named in this final report are listed below.

Name

Position

Time period

Ms Heather Ameen

Executive Assistant

December 2018 to March 2020

Ms Kathryn Bannon

Director, Office of the Commissioner

December 2018 to June 2020

Ms Selena Bateman

Senior Policy and Research Officer

July 2020 to November 2020

Ms Sophie Brown

Senior Policy and Research Officer

April 2019 to May 2020

Mr David Butler

Director, Operations

December 2018 to November 2019

Ms Sally Cameron

Executive Assistant

December 2018 to October 2020

Ms Jaina Cao

Senior Policy and Research Officer

February 2020 to July 2020

Mr Mark Carmody

Business Services Officer

February 2019 to November 2020

Mr Tony Gaylard

Project Manager, Policy and Research

September 2019 to February 2020

Ms Sophie Halewood

Principal Policy and Research Officer

February 2019 to December 2019

Ms Christine Howlett

Special Adviser

February 2019 to January 2020

Ms Saba Kapur

Public Enquiries and Hearings Officer

February 2019 to November 2020

Ms Kylie Kilgour

Chief Executive Officer

December 2018 to November 2020

Mr Anthony Lawrie

Special Adviser, Policy and Research

June 2020 to November 2020

Ms Jessica Low

Director, Policy and Research

January 2019 to November 2020

Ms Clare Malone

Project Director

December 2018 to September 2020

Mr John Maloney

Consultant, Policy and Research

May 2020 to November 2020

Ms Tracey Matters

Director, Media and Communications

December 2018 to November 2020

Ms Sophie Nevell

Strategic Adviser, Policy and Research

July 2020 to October 2020

Ms Mary Polis

Consultant, Policy and Research

March 2020 to November 2020

Mr Craig Pollitt

Senior Intelligence Analyst

April 2019 to November 2020

Mr Neil Robertson

Consultant, Policy and Research

September 2020 to November 2020

Ms Joanna Rolfe

Principal Policy and Research Officer

January 2019 to November 2020

Ms Hana Shahkhan

Senior Policy and Research Officer

March 2019 to June 2020

Ms Rachel Skillington

Senior Policy and Research Officer

April 2019 to February 2020

Ms Lena Sokolic

Senior Policy and Research Officer

April 2019 to March 2020

Mr Michael Stanton

Consultant

April 2020 to November 2020

Mr Michael Stefanovic, AM

Director, Investigations

March 2019 to October 2020

Ms Catherine Tobin

Principal Policy and Research Officer

March 2019 to May 2020

Ms Kirstie Twigg

Assistant Director, Policy and Research

February 2019 to June 2020

Mr Oliver Way

Chief Procurement Officer/Director, Operations

December 2018 to November 2020

Ms Amanda Wilczynski

Principal Policy and Research Officer

January 2020 to September 2020

Ms Helen Wilson

Senior Investigator

April 2019 to July 2020

Counsel Assisting the Commission

Name

Position

Time period

Mr Chris Winneke, QC

Counsel Assisting

January 2019 to October 2020

Ms Penelope Neskovcin, QC

Counsel Assisting

January 2019 to November 2020

Ms Megan Tittensor, QC

Counsel Assisting

January 2019 to October 2020

Mr Andrew Woods

Counsel Assisting

January 2019 to October 2020

Mr Sandip Mukerjea

Counsel Assisting

January 2019 to November 2020

Mr Michael Allen

Counsel Assisting

March 2019 to June 2020

Mr Israel Cowen

Counsel Assisting

April 2019 to June 2020

Ms Natalie Kaye

Counsel Assisting

April 2019 to June 2020

Solicitors Assisting the Commission

The Commission was supported by its solicitors from the firm Holding Redlich, Melbourne.

Name

Position

Time period

Ms Alicia Cox

Paralegal

April 2019 to September 2019

Ms Alana Giles

Senior Associate

January 2019 to July 2020

Ms Tamara Gugger

Paralegal

August 2019 to November 2020

Ms Jyoti Haikerwal

Graduate

August 2019 to February 2020

Ms Kylie Hall

Special Counsel

January 2019 to November 2020

Ms Gemma Hannah

Lawyer

January 2019 to November 2020

Mr Caleb Hooke

Paralegal

April 2019 to November 2019

Ms Nicola Horrell

Executive Assistant

January 2019 to April 2019

Ms Isabelle Kiss

Paralegal

June 2019 to November 2020

Ms Rana Kurban

Paralegal

May 2019 to October 2020

Ms Trisha Lingard

Associate

January 2019 to November 2020

Mr Benjamin Mann

Paralegal

May 2019 to June 2020

Mr Michael Manoria

Lawyer

September 2019 to November 2020

Mr Harrison Morley

Paralegal

March 2019 to November 2020

Ms Jessica Nelson

Paralegal

March 2019 to August 2019

Mr Alexander Norrish

Lawyer

March 2019 to November 2020

Mr Daniel O’Connor

Lawyer

January 2019 to November 2020

Ms Mikaela Ogier-Luxa

Paralegal

September 2019 to June 2020

Mr Liam Price

Paralegal

September 2019 to February 2020

Ms Lucy Prowse

Associate

January 2019 to March 2020

Mr Howard Rapke

Managing Partner

January 2019 to November 2020

Ms Tess Simpson

Paralegal

January 2019 to January 2020

Ms Katerina Stevenson

Associate

January 2019 to November 2020

Mr Damian Terbiler

Paralegal

May 2019 to September 2019

Ms Alexandra Tighe

Partner

January 2019 to November 2020

Ms Sophie Timms

Paralegal

January 2019 to January 2020

Ms Nicci Urwin

Senior Legal Assistant

April 2019 to November 2020

Ms Rhiannon Zarro

Lawyer

January 2019 to November 2020

Key suppliers

The Commission thanks its key suppliers.

ASG Group

Caraniche at Work

Complete Office Supplies

Console Concepts

Deloitte Australia

Epiq Australia

Finsbury Green

Graham Nicholas

Holding Redlich

Isentia

Kapish Services

Logical Services

Luminary

RSM Australia

Shearwater Solutions

Single Digital Presence

The Information Access Group

The Streaming Guys

Woo Design Group

Reviewed 08 December 2020

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