Crime and Corruption and Other Legislation Amendment Bill 2018

Introduced: 15/2/2018By: Hon Y D'Ath MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill strengthens Queensland's anti-corruption framework by widening the definition of 'corrupt conduct' and giving the Crime and Corruption Commission broader investigative powers. It also implements recommendations from two parliamentary committee reviews to improve how the Commission operates, including better disciplinary processes for public sector employees who move between agencies and new procedural fairness protections for people named in Commission reports.

Who it affects

The Commission gains stronger tools to tackle corruption, including the ability to investigate private sector conduct that undermines public confidence in government. Public sector employees across multiple agencies face a more connected disciplinary system, while people named in CCC reports gain the right to respond before adverse comments are published.

Key changes

  • The definition of 'corrupt conduct' is widened to cover conduct by private citizens that impairs public confidence in public administration, including collusive tendering, licence fraud, misuse of public funds, and State tax evasion
  • The CCC gains broader powers to investigate conduct that is liable to allow, encourage or cause corrupt conduct, not just corrupt conduct itself
  • Disciplinary action can now follow public sector employees who move between the Commission, public service, ambulance service, and fire service
  • The CCC must give people the chance to respond before publishing adverse comments about them in public reports
  • The CCC's information-sharing powers are simplified into a single disclosure provision, and the Ombudsman can now share information with Commonwealth and interstate agencies
  • The timeframe for seeking QCAT review of CCC disciplinary decisions is extended from 14 to 28 days

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced15 Feb 2018View Hansard

Vote on a motion

Vote on declaring six bills urgent with shortened committee reporting dates, including the Queensland Competition Authority Amendment Bill, Education (Overseas Students) Bill, Tow Truck and Other Legislation Amendment Bill, Police and Other Legislation (Identity and Biometric Capability) Amendment Bill, Local Government Legislation (Validation of Rates and Charges) Amendment Bill, and the Crime and Corruption and Other Legislation Amendment Bill. The LNP opposed the shortened timeframes, arguing committees needed more than two weeks to scrutinise new legislation.

Passed50 ayes – 39 noes2018-02-15

The motion was agreed to.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (50)

Andrew(One Nation Party)
B. O’Rourke(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
C. O’Rourke(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
Mullen(Australian Labor Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (39)

Bates(Liberal National Party)
Batt(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Costigan(North Queensland First)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Hunt(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Sorensen(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Wilson(Liberal National Party)
1 procedural vote

Vote to grant leave

Procedural vote on whether to allow the Attorney-General to incorporate the remainder of her introductory speech for the Crime and Corruption and Other Legislation Amendment Bill into the Record of Proceedings rather than reading it aloud. The LNP opposed granting leave.

Passed52 ayes – 39 noes2018-02-15

Permission was granted.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

Show individual votes

Ayes (52)

Andrew(One Nation Party)
B. O’Rourke(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
C. O’Rourke(Australian Labor Party)
Crawford(Australian Labor Party)
Dametto(Katter's Australian Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
Mullen(Australian Labor Party)
Palaszczuk(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)

Noes (39)

Bates(Liberal National Party)
Batt(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Costigan(North Queensland First)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Hunt(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Purdie(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Sorensen(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Wilson(Liberal National Party)
First Reading15 Feb 2018View Hansard
Committee15 Feb 2018View Hansard

Referred to Legal Affairs and Community Safety Committee

Committee Findings
Recommended passage

The Legal Affairs and Community Safety Committee examined the Crime and Corruption and Other Legislation Amendment Bill 2018, which replicated the lapsed 2017 bill from the 55th Parliament. As the bill was identical to the earlier version, the committee relied on evidence already gathered by its predecessor and did not seek further submissions. The committee recommended the bill be passed, supporting the proposed changes to the definition of corrupt conduct and the expansion of the Crime and Corruption Commission's investigatory jurisdiction.

Key findings (5)
  • The bill replicated the content of the lapsed Crime and Corruption and Other Legislation Amendment Bill 2017 from the 55th Parliament.
  • The committee relied on evidence gathered by the previous committee and did not seek further submissions or hold hearings.
  • The committee supported the proposed changes to the definition of 'corrupt conduct', noting differing stakeholder views but accepting the Department of Justice and Attorney-General's responses to concerns.
  • The committee supported the expansion of the Crime and Corruption Commission's investigatory jurisdiction, considering it would help reduce corrupt conduct in the public sector.
  • The bill gave effect to recommendations from the Parliamentary Crime and Corruption Committee's Reports Nos. 97 and 99.
Recommendations (1)
  • The committee recommends the Crime and Corruption and Other Legislation Amendment Bill 2018 be passed.
AI-generated summary — may contain errors
Committee Report15 Mar 2018

Committee report tabled

Second Reading31 Oct 2018View Hansard

Vote on a motion

This division was on a separate motion debated on the same sitting day (31 October 2018) and does not relate directly to the Crime and Corruption and Other Legislation Amendment Bill debate, which was adjourned without a vote.

Defeated38 ayes – 47 noes2018-10-31

The motion was rejected.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (38)

Andrew(One Nation Party)
Bates(Liberal National Party)
Batt(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Boyce(Liberal National Party)
Costigan(North Queensland First)
Crandon(Liberal National Party)
Crisafulli(Liberal National Party)
Hart(Liberal National Party)
Hunt(Liberal National Party)
Janetzki(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Lister(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McDonald(Liberal National Party)
Mickelberg(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
O’Connor(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Simpson(Liberal National Party)
Sorensen(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Wilson(Liberal National Party)

Noes (47)

B. O’Rourke(Australian Labor Party)
Bailey(Australian Labor Party)
Berkman(Queensland Greens)
Bolton(Independent)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Healy(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lui(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
McMahon(Australian Labor Party)
McMillan(Australian Labor Party)
Mellish(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
Mullen(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Power(Australian Labor Party)
Pugh(Australian Labor Party)
Richards(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Scanlon(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
de Brenni(Australian Labor Party)
20 members spoke16 support4 mixed
11.18 amMr McDONALDSupports

Supported the bill but criticised the government's delay of over 20 months in implementing the PCCC recommendations and questioned Labor's record on corruption, including Ipswich City Council allegations.

Nonetheless, in supporting this bill we must call on the government to allow the commission to focus its powers on fighting serious corruption in Queensland.2018-11-01View Hansard
4.12 pmHon. YM D'ATHSupports

As Attorney-General, introduced and moved the second reading of the bill, defending the widened definition of corrupt conduct and the implementation of PCCC recommendations as necessary to combat corruption in an evolving public administration landscape.

Today marks another step in the fight against corruption and ensuring that the Crime and Corruption Commission is appropriately equipped so that it may continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.2018-10-31View Hansard
11.21 amHon. MT RYANSupports

As Minister for Police and Corrective Services, spoke in support of the bill, highlighting improvements to the QPS disciplinary process and the bill's contribution to deterring corruption in public sector agencies.

When Tony Fitzgerald handed down his landmark report, he asked us to remain eternally vigilant when it came to safeguarding Public Service agencies from corruption and corruption risk.2018-11-01View Hansard
4.34 pmMr JANETZKIMixed

Stated the LNP would not oppose the bill but raised concerns about the broadened definition of corrupt conduct being too wide, the derivative use of compelled evidence, and the potential misuse of search warrants, while extensively criticising the Labor government's own record on corruption.

From the outset, I can say that the LNP will not be opposing this bill, although we will be raising concerns with elements of it, highlighted by the evidence given to the committee by key stakeholders both in submissions and at the public hearing to the previous committee.2018-10-31View Hansard
11.27 amMr ANDREWSupports

Supported the bill, commending the expansion of the definition of corrupt conduct and measures to share disciplinary records between departments, while suggesting future consideration of protections for volunteer public servants.

Overall, this amendment bill is worthy of being accepted. However, I strongly recommend further assessment of what defines an employee of the Public Service so as to establish a common expectation of conduct.2018-11-01View Hansard
6.14 pmMr RUSSOSupports

Supported the bill as committee chair, arguing it brings Queensland into line with New South Wales and is a well-measured response to community expectations that the CCC can address corruption in the modern environment of public-private partnerships.

This bill is technically well measured and is a response to the community's expectation that the Crime and Corruption Commission is able to do its job, which is to ensure that the people of Queensland are well protected from corruption within organisations that, for the most part, are here to serve the people of Queensland.2018-10-31View Hansard
11.31 amMr BROWNSupports

Spoke strongly in support, describing it as the third bill Labor introduced to strengthen CCC independence and criticising the LNP's record of undermining the CCC during the Newman government era.

This bill expands the definition of 'corrupt conduct' by removing the requirement that corrupt conduct must be engaged in for the purpose of providing a benefit or causing a detriment to a person.2018-11-01View Hansard
6.22 pmMr WATTSMixed

Supported the bill's intent to fight corruption but argued the definition should be even broader to capture conduct like politically motivated board appointments, while heavily criticising the government's own integrity record.

What this bill is about is making sure that we have confidence in that public administration. When we have someone in a leadership position in this state setting this low standard—a standard that would not pass for the appointment of a P&C president—of allowing someone to apply after applications close, everybody knows that if this does meet the definition of 'corrupt conduct' then we should be changing the definition.2018-10-31View Hansard
11.39 amMr LASTSupports

Supported the bill but raised concerns about the exceptionally broad definition of corrupt conduct, the timing of the legislation, and asked for clarification on the use of search warrants for misconduct complaints.

Every Queenslander wants a fair and just community. Every Queenslander wants a Queensland free of corruption, especially official corruption in the public sector.2018-11-01View Hansard
6.32 pmMs McMILLANSupports

Supported the bill as a committee member, endorsing the widened definition of corrupt conduct to capture conduct by people outside the public sector that impairs public confidence in public administration.

This bill that is before the House today is an endorsement of the Palaszczuk government's ongoing commitment to providing the Crime and Corruption Commission with the tools it needs to continue the work of ensuring integrity in our public institutions.2018-10-31View Hansard
11.47 amMr MADDENSupports

Spoke in support, detailing the bill's two core objectives of widening the definition of corrupt conduct and implementing PCCC recommendations from reports 97 and 99.

The Crime and Corruption and Other Legislation Amendment Bill 2018 replicates the content of the lapsed Crime and Corruption and Other Legislation Amendment Bill 2017.2018-11-01View Hansard
6.36 pmMr LISTERMixed

Supported the bill but expressed reservations, arguing the definition of corrupt conduct should go further to capture recent examples of government conduct such as the use of private email accounts to circumvent proper process.

Although I have reservations about the bill, I believe we should support it nevertheless.2018-10-31View Hansard
12.12 pmMs PEASESupports

Spoke in support as chair of the Legal Affairs and Community Safety Committee, outlining the bill's key amendments and noting the new definition's cumulative requirements as an appropriate limitation on the CCC's jurisdiction.

This is a robust bill that improves the independence and integrity of the Crime and Corruption Commission, which this government values so highly.2018-11-01View Hansard
6.47 pmMrs McMAHONSupports

Supported the bill as a former police officer and committee member, emphasising the importance of maintaining public confidence in institutions, the expansion of the CCC's jurisdiction, improved information-sharing provisions, and the extension of QCAT appeal timeframes.

As a former police officer, I understand how important it is for our public institutions to maintain their integrity, particularly those who police the police.2018-10-31View Hansard
12.23 pmMrs STUCKEYSupports

Supported the bill but raised concerns shared by the Queensland Law Society about the overly broad definition of corrupt conduct, potential misuse of search warrants, and the derivative use of compelled evidence.

The open-ended definition reflected in this bill risks the commission ending up back where it was before the Callinan-Aroney report of 2014—overwhelmed with complaints that fall well outside the scope of where its investigative focus should lie.2018-11-01View Hansard
6.54 pmMr McDONALDMixed

Spoke in favour of the bill but raised concerns about the broadened definition placing undue burden on the CCC and questioned whether the government was truly committed to fighting corruption, while supporting the procedural fairness provisions.

Nonetheless, as supporters of the bill it is the duty of me and my colleagues to bring those opposite to task and implore them to allow the commission to get on with its core operational task of investigating major corruption in Queensland.2018-10-31View Hansard
12.33 pmMrs GILBERTSupports

Spoke in support, emphasising the bill would give the community confidence in the transparency of government processes and protect fairness in tendering and licensing.

This bill being debated today will give the community confidence that there is a transparent system in place.2018-11-01View Hansard
12.37 pmMs SIMPSONSupports

Supported the bill while reflecting on the history of corruption in Queensland politics from both sides and arguing that maladministration should be treated with equal seriousness as corruption.

Corruption should never be tolerated and neither should maladministration as it has an equal damaging impact on people's lives.2018-11-01View Hansard
4.16 pmMr BERKMANSupports

Made a brief contribution in support, welcoming the expanded investigative powers for the CCC and the amended definition of corrupt conduct, while suggesting further reforms including a broader anti-corruption body.

The Greens and I have long supported any and all efforts to strengthen anti-corruption measures at all levels of government and this bill goes some way towards achieving that goal.2018-11-01View Hansard
5.00 pmHon. YM D'ATHSupports

As Attorney-General, delivered the reply speech defending the cumulative requirements of the new definition as an appropriate limitation, responding to concerns about retrospectivity and RTI, and criticising the LNP's record on CCC independence.

I am pleased that there is bipartisan support for these changes. They are important. We do need to ensure that our crime-fighting body and our body that oversees investigations in relation to corrupt conduct have the power they need.2018-11-01View Hansard
In Detail31 Oct 2018 – 1 Nov 2018View Hansard
Government amendmentPassed

Minor consequential amendments updating references from the Public Service Regulation 2008 to the Public Service Regulation 2018 throughout the bill.

Moved by Hon. YM D'ATH
Third Reading1 Nov 2018View Hansard
Royal Assent — Act 29 of 201813 Nov 2018View Hansard

Assent date: 9 November 2018

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