The Costigan Commission (officially titled the Royal Commission on the Activities of the C) was an Australianroyal commission held in the 1980s.
Headed by Frank CostiganQC, the Commission was established by the Australian government on 10 September 1980 to investigate criminal activities, including violence, associated with the Painters and Dockers Union after a series of investigative newspaper articles that deatiled a high level of criminality. The union was represented by prominent Melbourne criminal lawyer Frank Galbally.[1] The Commission was seen by many as politically motivated, in keeping with a long-running anti-union agenda pursued by the governing party of the day.[2]
However the Painters and Dockers Union was notorious for its criminality and the Costigan Commission investigated numerous crimes, including a string of murders, vicious assaults, thuggery, tax-fraud networks, drug-trafficking syndicates, intimidation and more. Frank Costigan QC 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's investigated further it found money laundering occurring on an industrial scale, extensive fraud on the social security and pension systems, and usage of the so-called bottom-of-the-harbour tax evasion scheme. Enquiries then started to lead away from union activities towards investigation of so-called "bottom of the harbour" tax evasion schemes. These involved 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.[3]
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".[4] 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".[5]
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.[6]
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.[7] No charges were laid against Packer, and in 1987 Australia's Attorney-GeneralLionel Bowen formally dismissed the allegations.[6] 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".[8] Packer was therefore codenamed the "Squirrel" in the Commission's case studies, but the National Times changed this to "Goanna" to preserve anonymity.[9]
The Commission concluded in 1984, and the revelations of organised crime led to the establishment of the National Crime Authority.[10] 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.[11][12]
^"THE COSTIGAN REPORT". The Canberra Times. Vol. 59, no. 17, 932. Australian Capital Territory, Australia. 2 November 1984. p. 13. Retrieved 3 March 2019 – via National Library of Australia.
^"Packer begins legal action". The Canberra Times. Vol. 59, no. 17, 971. Australian Capital Territory, Australia. 11 December 1984. p. 1. Retrieved 3 March 2019 – via National Library of Australia.
^"Packer denies crime ties". The Canberra Times. Vol. 59, no. 17, 898. Australian Capital Territory, Australia. 29 September 1984. p. 1. Retrieved 3 March 2019 – via National Library of Australia.
to inquire into and report upon the arrangements made for the transport of troops returning from service in South Africa in the S.S. "Drayton Grange" (1902)
on sites for the seat of government of the Commonwealth (1903)
on the Bonuses for Manufactures Bill (1903–1904)
on the butter industry (1904–1905)
on the Navigation Bill (1904–1906)
on the affray at Goaribari Island, British New Guinea, on the 6th of March, 1904 (1904)
on customs and excise tariffs (1904–1907)
on old-age pensions (1905–1906)
on the tobacco monopoly (1905–1906)
1906–1910
on ocean shipping service (1906)
British New Guinea—Royal Commission of inquiry into the present conditions, including the method of government, of the Territory of Papua, and the best means of their improvement (1906–1907)
on secret drugs, cures, and foods (1906–1907)
on postal services (1908–1910)
on insurance (1908–1910)
on stripper harvesters and drills (1908–1909)
on Tasmanian customs leakage (1910–1911)
1911–1920
1911–1912
on the sugar industry (1911–1912)
on the pearl-shelling industry (1912–1916)
on the fruit industry (1912–1914)
1913–1914
to inquire into certain charges against Mr. Henry Chinn (1913)
on Northern Territory railways and ports (1913–1914)
on powellised timber (1913–1914)
upon the Commonwealth electoral law and administration (1914–1915)
on meat export trade (1914)
on food supplies and trade and industry during the war (1914)
1915–1916
on mail services and trade development between Australia and the New Hebrides (1915)
on Liverpool Military Camp, New South Wales (1915)
on the charges made by D. L. Gilchrist concerning the construction of the western section of the Kalgoorlie to Port Augusta Railway (1916)
to inquire into and report upon certain charges against the Administrator and other officers of the Northern Territory Administration (1916)
on Federal Capital Administration (1916–1917)
1917–1918
on Java and the East Indies, Singapore and the Straits Settlements (1917–1918)
on Navy and Defence Administration (1917–1919)
on the war—Australian Imperial Force. Report as to number of members fit for active service and number of reinforcements and enlistments required (1918)
on Public Service administration, Commonwealth of Australia (1918–1920)
upon the public expenditure of the Commonwealth of Australia with a view to effecting economies (1918–1921)
on taxation of leasehold estates in Crown lands (1918–1919)
on the basic wage (1919–1920)
1919–1920
on the sugar industry (1919–1920)
on industrial troubles on Melbourne wharfs (1919–1920)
on late German New Guinea (1919–1920)
to inquire into complaints by the munition worker passengers to Australia by the transport "Bahia Castillo" (1919)
on Northern Territory Administration (1919–1920)
on taxation (1920–1923)
on the increase of the selling price of coal (1920)
upon the loyalty to the British Crown of German Nationals resident in Australia whose property is liable to a charge created by the Treaty of Peace Regulations made under the Treaty of Peace (Germany) Act 1919–1920 (1921)
1923–1924
on the circumstances attending the supposed loss at sea of the steamship "Sumatra" (1923)
in connection with sugar purchases by the Commonwealth through Mr. W. E. Davies in September and October, 1920 (1923–1924)
in connection with joinery supplied to the War Service Homes Commissioner in March, 1920 (1923–1924)
on the method for determining the unimproved value of land held under Crown leases (1924–1925)
on the assessment of war service disabilities (1924–1925)
to inquire into extracts from the reports in Parliamentary Debates of speeches made by Mr. Scullin in the House of Representatives on 7 and 19 August 1924, in relation to land tax matters (1924–1925)
on the finances of Western Australia, as affected by Federation (1924–1925)
1925–1926
on health (1925–1926)
on Norfolk Island affairs (1926)
on certain matters in connexion with the British Phosphate Commission (1926)
to inquire into allegations affecting members of the Parliamentary Joint Committee of Public Accounts in connexion with claims made by broadcasting companies against the Commonwealth Government (1930)
1931–1940
1931–1935
on Jacob Johnson (1931)
on performing rights (1932–1933)
on taxation (1932–1934)
on mineral oils and petrol and other products of mineral oils (1933–1935)
on the wheat, flour and bread industries (1934–1936)
to inquire into and report upon the circumstances associated with the retirement of Lieutenant-Commander Alan Dermot Casey from the Royal Australian Navy (1934)
to inquire into the monetary and banking systems at present in operation in Australia (1935–1937)
1936–1940
on doctors' remuneration for national insurance service and other contract practice (1938)
to inquire into and report upon the contract or contracts with Abbco Bread Co. Pty. Limited for the supply of bread to the Department of the Army, and other matters (1941)
to inquire into circumstances under which certain public monies were used and to whom, and for what purposes such moneys were paid (1941)
an inquiry into a statement that there was a document missing from the official files in relation to "The Brisbane Line" (1943)
to inquire into and report upon certain transactions of the Sydney Land Sales Control Office, and the Canberra Land Sales Control Office of the Treasury (1947)
to inquire into certain transactions in relation to timber rights in the Territory of Papua-New Guinea (1949)
1951–1960
on the Port Augusta to Alice Springs Railway (1951–1952)
on alleged improper practices and improper refusal to co-operate with the Victoria Police Force on the part of persons employed in the Postmaster-General's Department in Victoria in relation to illegal gambling (1962–1963)