Costigan Commission

Royal Commission into the Painters and Dockers Union

Alleged criminal activities, including violence, associated with the Painters and Dockers Union
Outcome	Establishment of the National Crime Authority
Inquiries	Royal Commission on the Activities of the Federated Ship Painters and Dockers Union
Commissioner	Frank Costigan, QC
Inquiry period	1980–1984
Constituting instrument	Royal Commissions Act 1902 (Cth)
Links to Final Reports at aph.gov.au: Volume 1; Volume 2; Volume 3; Volume 4; Volume 5; Appendicies

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 September 1980, jointly with the Victorian Government,^[1] 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.^[2] The Commission was seen by many^[who?] as politically motivated, in keeping with a long-running anti-union agenda pursued by the governing party of the day.^[3]

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.^[4]

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".^[5] 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".^[6]

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.^[7]

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.^[8] No charges were laid against Packer, and in 1987 Australia's Attorney-General Lionel Bowen formally dismissed the allegations.^[7] 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".^[9] Packer was therefore codenamed the "Squirrel" in the Commission's case studies, but the National Times changed this to "Goanna" to preserve anonymity.^[10]

The Commission concluded in 1984, and the revelations of organised crime led to the establishment of the National Crime Authority.^[11] 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.^[12]^[13]

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.^{[citation needed]}

References

^ "Royal Commissions and Commissions of Inquiry". www.aph.gov.au. Parliament House, Canberra. Retrieved 10 April 2022.
^ "A supreme advocate at criminal law". The Sydney Morning Herald. 29 October 2005. Retrieved 2 March 2019.
^ "Editorial update". The Queensland Lawyer. Thomson Reuters (Professional) Australia Limited. 3 September 2012.
^ "Costigan finds 'major fraud scheme'". The Canberra Times. Vol. 58, no. 17, 546. Australian Capital Territory, Australia. 13 October 1983. p. 1. Retrieved 3 March 2019 – via National Library of Australia.
^ "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.
^ Costigan, Francis Xavier (1984). Royal Commission on the Activities of the Federated Ship Painters and Dockers Union, Final Report, Volume 3 (PDF). Australian Government Publishing Service. pp. 119–120.
^ ^a ^b "Packer cleared of Goanna allegations". The Canberra Times. Vol. 61, no. 18, 802. Australian Capital Territory, Australia. 27 March 1987. p. 1. 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.
^ McClymont, Kate (11 July 2005). "Missing: a mate with a loan for Packer". Sydney Morning Herald.
^ "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.
^ "National crime body to take over from Costigan inquiry". The Canberra Times. Vol. 58, no. 17, 572. Australian Capital Territory, Australia. 8 November 1983. p. 1. Retrieved 3 March 2019 – via National Library of Australia.
^ Shiel, Fergus (21 February 2006). "Costigan hits back at criticism". The Age.
^ "Costigan hits back at Packer 'ignorance'". Sydney Morning Herald. AAP. 20 February 2006.

Royal Commissions of the Commonwealth of Australia

1901–1920

1901–1910

1901–1905

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)

1921–1940

1921–1930

1921–1922	on the matter of uniform railway gauge (1921) on pillaging of ships' cargoes (1921) on Cockatoo Island Dockyard (1921) 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 Navigation Act (1923–1925) on national insurance (1923–1927) 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)
1927–1928	on wireless (1927) on the Edie Creek (New Guinea) leases (1927) on the Moving Picture Industry in Australia (1927–1928) on the Constitution (Australia)
1929–1930	on the coal industry (1929) 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)
regarding the contract for the erection of additions to the General Post Office, Sydney (1939)

1941–1960

1941–1950

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 television (1953–1954)
on espionage (1954–1955)

1961–1980

1961–1970

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)
on loss of HMAS Voyager (1964)
on the statement of Lieutenant Commander Cabban and matters incidental thereto (1967–1968)
into exploratory and production drilling for petroleum in the area of the Great Barrier Reef (1970–1975)

1971–1980

1971–1975

Aboriginal Land Rights Commission (1973–1974)
Australian Post Office Commission of inquiry (1973–1974)
of Inquiry into land tenures (1973–1976)
on petroleum (1973–1976)
of Inquiry into the maritime industry (1973–1976)
Independent Inquiry into Frequency Modulation Broadcasting (1973–1974)
of Inquiry into transport to and from Tasmania (1974–1976)
on Australian Government Administration (1974–1976)
on human relationships (1974–1978)
on intelligence and security (1974–1977)
into alleged payments to maritime unions (1974–1976)
to inquire into and report upon certain incidents in which Aborigines were involved in the Laverton area (1975–1976)
on Norfolk Island (1975–1976)

1975–1980

of Inquiry into drugs (1977–1980)
of Inquiry into matters in relation to electoral redistribution Queensland, 1977 (1978)
of Inquiry into the efficiency and administration of hospitals (1979–1981)
of Inquiry into the viability of the Christmas Island phosphate industry (1979–1980)
on the activities of the Federated Ship Painters and Dockers Union (1980–1984)

1981–2000

1981–1990

1981–1985

of Inquiry into Drug Trafficking (1981–1983)
into the activities of the Australian Building Construction Employees' and Builders Labourers' Federation (1981–1982)
into Australian meat industry (1981–1982)
of Inquiry into the activities of the Nugan Hand Group (1983–1985)
on the use and effects of chemical agents on Australian personnel in Vietnam (1983–1985)
on Australia's security and intelligence agencies (1983–1985)
of Inquiry into compensation arising from social security conspiracy prosecutions (1984–1986)
into British nuclear tests in Australia (1984–1985)
of inquiry into alleged telephone interceptions (1985–1986)

1986–1990

of inquiry into Chamberlain convictions (1986–1987)
into grain storage, handling and transport (1986–1988)
into Aboriginal Deaths in Custody (1987–1991)

1991–2000

of Inquiry into the Australian Secret Intelligence Service (1994–1995)
of Inquiry into the leasing by the Commonwealth of accommodation in Centenary House (1994)
of Inquiry into the relations between the CAA and Seaview Air (1994–1996)

2001–2020

2001–2010