Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019
Plain English Summary
Overview
This bill would have created criminal offences for Queensland Cabinet ministers who fail to declare conflicts of interest. It was a private member's bill introduced by then-Opposition Leader Deb Frecklington following a Crime and Corruption Commission investigation into allegations about the Deputy Premier. The bill lapsed at the end of the 56th Parliament and did not become law.
Who it affects
Cabinet ministers would have faced criminal penalties including up to one year's imprisonment for hiding conflicts of interest. The public would have gained stronger protections against ministerial self-dealing.
Key changes
- Criminal offence (up to 100 penalty units or 1 year's imprisonment) for ministers who fail to declare conflicts of interest at Cabinet or Cabinet committee meetings
- A minister's failure to declare could be classified as corrupt conduct under the Crime and Corruption Act 2001
- Broad definition of 'related parties' covering spouses, family members, business partners, employers, and close personal relationships
- Criminal offence (up to 100 penalty units) for ministers who fail to update their statements of interests within one month
- Exemptions for community group memberships, political party membership, religious beliefs, and gifts totalling $150 or less
Bill Journey
▸Committee23 Oct 2019View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined this Opposition bill, which sought to create criminal offences for Ministers who fail to declare conflicts of interest at Cabinet meetings or fail to update their statements of interests. The committee recommended the bill not be passed, finding that existing regulatory frameworks, conventions and Criminal Code offences (misconduct in public office and fraud) already adequately address the conduct targeted by the bill. While the Crime and Corruption Commission and Queensland Integrity Commissioner supported the bill's intent, other stakeholders including the Queensland Law Society, the Clerk of the Parliament and the Ethics Committee argued the strict liability offences were unnecessary and could lead to perverse outcomes.
Key findings (5)
- The CCC and Queensland Integrity Commissioner supported the bill as more consistent with the CCC's recommendations than the government's own accountability bill, but suggested technical improvements including higher penalties and broader application
- The Queensland Law Society, Clerk of the Parliament and Ethics Committee argued the bill was unnecessary, citing existing Criminal Code offences for misconduct in public office and fraud as already covering the targeted conduct
- Stakeholders raised concerns that the strict liability nature of the proposed offences would unfairly penalise honest mistakes by Ministers, removing the usual requirement to prove dishonest intent
- Academic evidence submitted by Griffith University warned that criminalising Cabinet conflicts of interest could have unintended consequences for Cabinet decision-making and reduce the flexibility of the convention-based system
- The committee noted fundamental legislative principle concerns about the bill's impact on the rights and liberties of individuals, particularly regarding the imposition of strict liability for serious criminal offences
Recommendations (1)
- The committee recommends the Criminal Code and Other Legislation (Ministerial Accountability) Amendment Bill 2019 not be passed.
Committee report tabled