Integrity and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill strengthens Queensland's integrity and anti-corruption framework by implementing recommendations from Professor Peter Coaldrake's review of public sector culture and the Yearbury review of the Integrity Commissioner. It overhauls lobbying regulation, boosts the independence of five core integrity bodies, and extends the Ombudsman's reach to cover non-government organisations delivering public services.
Who it affects
Lobbyists face stricter registration, training, and conduct requirements, including a ban on success fees and on playing senior roles in election campaigns. Queenslanders who receive public services from non-government providers gain a new avenue to complain to the Ombudsman.
Key changes
- Lobbying activity is more broadly defined and registration is required for anyone lobbying government or Opposition for a fee, with penalties of up to 200 penalty units for non-compliance
- Registered lobbyists are banned from playing a substantial role in election campaigns ('dual hatting'), and those who do are disqualified from re-registering for the entire term of government
- Success fees for lobbying are prohibited, and the Integrity Commissioner gains new powers to issue compliance notices, require information, and impose training requirements
- Parliamentary committees gain oversight of appointments, funding proposals, strategic reviews, and annual reports for the Auditor-General, Ombudsman, Integrity Commissioner, Information Commissioner, and Crime and Corruption Commission
- The Queensland Ombudsman can now investigate non-government entities contracted to deliver public services, backed by $5.035 million in funding over four years
- The Office of the Queensland Integrity Commissioner is established as an independent statutory body with its own financial management
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee16 June 2023View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the Integrity and Other Legislation Amendment Bill 2023 over approximately two and a half months, receiving 16 submissions and holding a public hearing. The committee recommended the bill be passed, finding that it had sufficient regard to fundamental legislative principles and was compatible with the Human Rights Act 2019. While stakeholders broadly supported the bill's aims of strengthening lobbying regulation and enhancing the independence of integrity bodies, some raised concerns about the definitions of lobbying activity, potential loopholes in the 'dual hatting' prohibition, and whether the reforms went far enough to implement the Coaldrake Report recommendations. Three LNP members filed a statement of reservation highlighting outstanding Coaldrake recommendations and a loophole allowing lobbyists to de-register during election periods.
Key findings (5)
- Stakeholders generally supported measures to increase transparency and improve the regulation of lobbying activity, though some raised concerns about ambiguity in the definitions of what constitutes lobbying
- Several submitters argued the bill did not go far enough to implement the Coaldrake Report recommendations, particularly regarding cabinet document release within 30 days, a complaints clearing house, and mandatory data breach reporting
- The committee found the bill was compatible with the Human Rights Act 2019, with any limitations on rights being reasonable and proportionate
- Conflicting views were expressed about expanding the Ombudsman's jurisdiction over non-government entities delivering government services, though the underlying principle of accountability was supported
- The committee was satisfied that existing five-yearly strategic reviews of integrity bodies provided an adequate mechanism for reviewing the changes, rather than requiring a specific statutory review clause
Recommendations (1)
- The committee recommends the Integrity and Other Legislation Amendment Bill 2023 be passed.
Committee report tabled
▸Second Reading15 Feb 2024View Hansard
▸13 members spoke7 support6 mixed
As Attorney-General, introduced the bill and spoke in reply. Described it as a significant milestone in delivering the government's commitment to an effective and contemporary integrity framework, implementing Coaldrake and Yearbury report recommendations on lobbying regulation, integrity body independence, and Ombudsman jurisdiction.
“This bill represents another significant milestone in delivering this government's commitment to an effective, enduring and contemporary integrity framework in Queensland.”— 2024-02-15View Hansard
As shadow integrity minister, supported the legislation as a step forward but extensively criticised the government's integrity record and argued the bill does not go far enough to address the cultural issues identified by Coaldrake, including bullying of public servants and jobs for mates.
“Integrity is more than this government just talking about it. It is time they acted. It is time they fulfilled what was recommended and the spirit of both of Coaldrake's reports.”— 2024-02-15View Hansard
As committee chair, endorsed the bill and highlighted the committee's work on identifying the dual-hatting loophole for lobbyists, which the Attorney-General addressed through amendments. Emphasised the importance of the reforms to lobbying regulation and integrity body independence.
“I am pleased to see that that serious work—a commitment to factual integrity and the examination of the bill—reaped rewards from a responsible Attorney-General who was interested in the detail and who brought forward changes that I think satisfy the concerns that we had as a committee.”— 2024-02-15View Hansard
Supported the bill's passage while criticising the government's integrity record. Welcomed the foreshadowed amendments to close the lobbyist dual-hatting loophole, describing the bill as a good step forward that would provide a platform for a future government.
“We hope that the amendments as well as the bill itself in terms of a step forward in integrity start to lift this government's integrity credentials out of the gutter, where they have been for the past couple of years.”— 2024-02-15View Hansard
As a committee member, spoke to the contents of the bill including lobbying reforms, the prohibition on dual hatting, mandatory lobbyist education, and the human rights implications of restricting lobbyists from election campaign roles.
“The idea that someone can influence a political party coming into government and then actually have a role in then lobbying that government is one that may be concerning to the layperson.”— 2024-02-15View Hansard
Criticised the bill for not fully addressing Coaldrake recommendations, noting missing elements such as the release of cabinet documents, establishment of a complaints clearing house, and reform of the State Archivist's independence. Acknowledged the lobbyist amendments give the bill more legs.
“To say that this integrity bill is going to fix every issue that we still have today is far from the truth. Rather, it will at least go some way, but we still have a long way to go in terms of integrity issues with this government.”— 2024-02-15View Hansard
Supported the bill as extending the government's commitment to integrity reform, detailing the core features including lobbying regulation, Ombudsman jurisdiction expansion, and integrity body independence enhancements.
“Tightening professional lobbying activities and enhancing the independence of core integrity groups is not merely a legislative action; it is a commitment to transparency and fairness.”— 2024-02-15View Hansard
Commended the bill to the House but argued it falls short of fully implementing the Coaldrake report. Cited concerns raised by the Auditor-General, Integrity Commissioner and other stakeholders about loopholes in lobbying laws and insufficient independence for integrity bodies.
“While the legislative reform in this bill is welcome and long overdue, until the culture of integrity issues poisoning this government are fully exposed and ministers held accountable, Queenslanders' lack of faith and trust in this government will not be restored.”— 2024-02-15View Hansard
Supported the bill as the second tranche of integrity reform. Argued that only Labor brings in integrity reforms, contrasting with the LNP's record of sacking the PCCC and stripping donation disclosure thresholds.
“It is only this side of politics—it has always been this side of the politics, ever since the Sir Joh days—that reviews our integrity laws and brings in tougher measures for this state.”— 2024-02-15View Hansard
Described the legislation as a step forward but long overdue, arguing it does not comprehensively address what is required for openness, transparency and integrity. Detailed concerns about lobbying regulation loopholes and the government's interactions with lobbyists.
“Whilst this legislation is a step forward, it is long overdue and still does not comprehensively address what is required to ensure openness, transparency and integrity in government.”— 2024-02-15View Hansard
Supported the bill as implementing Coaldrake and Yearbury recommendations. Highlighted the LNP's record of opposing integrity reforms including lowering donation thresholds, banning property developer donations, and introducing real-time disclosure.
“Once implemented, Queensland will have the most transparent and accountable government in this country.”— 2024-02-15View Hansard
Welcomed the lobbying law changes and Ombudsman jurisdiction expansion but criticised the bill for failing to genuinely transfer power to parliamentary committees for integrity body funding and appointments, noting the government still controls committees under the current flawed system.
“Given that under our current flawed system government ultimately controls committees, these small changes mean the government will still control the agency funding and the appointment of heads. Almost no real power has been transferred to committees.”— 2024-02-15View Hansard
Stated the Greens would support the bill's modest reforms but criticised it as only keeping up appearances rather than meaningfully addressing corruption. Noted it leaves gaping holes including no requirement for in-house lobbyist registration and no restrictions on lobbying most non-government politicians.
“The Greens will support the modest reforms in this bill. However, to pretend that the government has made significant positive strides on integrity is frankly a laughable proposition.”— 2024-02-15View Hansard
▸In Detail15 Feb 2024View Hansard
Amendment to clause 2 changing the commencement provisions so that Part 3A (Evidence Act amendments regarding sexual assault counselling privilege) and Part 4 Division 2 (interim dual-hatting provisions) commence separately from the rest of the bill.
Amendments Nos 2-7 to clauses 4, 5 and 18 providing extensions of up to 20 business days (agreed between the minister and committee chair) for parliamentary committee consideration of integrity body appointments and remuneration, plus a minor operational amendment to the independent auditor provisions.
Amendment No. 8 inserting new Part 3A amending the Evidence Act 1977 to clarify the sexual assault counselling privilege framework, expressly providing that courts may order production of protected counselling communications for the purpose of deciding leave applications while prohibiting disclosure to parties before the leave decision.
Amendments Nos 9-52 comprising extensive changes including: strengthening the dual-hatting prohibition so lobbyists who played a substantial role in an election campaign for the winning party are banned for the entire next term of government; adding provisions for chiefs of staff to request Integrity Commissioner advice about ministerial advisers; allowing Premier to temporarily nominate designated persons for 28 days; expanding the Integrity Act long title; and various definitional clarifications.
Amendment No. 53 to the long title inserting reference to the Evidence Act 1977.
Assent date: 12 December 2022