Crime and Corruption and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill reforms the Crime and Corruption Commission (CCC) following several review reports that found problems with the agency's powers, culture and oversight. It streamlines the CCC's investigation powers, introduces journalist shield laws for CCC proceedings, requires the Director of Public Prosecutions to review corruption charges before they are laid, and sets a fixed seven-year non-renewable term for CCC commissioners.
Who it affects
People under CCC investigation benefit from a new independent check on corruption charges by the DPP. Journalists gain protection for their confidential sources in CCC matters. CCC officers can now blow the whistle on internal misconduct with legal protections.
Key changes
- The CCC must now seek the Director of Public Prosecutions' advice before laying corruption charges, with a published memorandum of understanding governing the process
- Journalist shield laws extended to CCC proceedings, protecting confidential sources unless the Supreme Court rules the public interest requires disclosure
- CCC commissioners will serve a single fixed seven-year term that cannot be renewed, replacing the previous system of multiple terms up to 10 years
- CCC officers gain public interest disclosure (whistleblower) protections, closing a gap that previously left them without the same safeguards as other public servants
- The CCC's compulsory investigation powers are consolidated into uniform processes across all its functions, with a new framework for handling privilege claims
- Council-controlled entities can now be brought under CCC oversight through new criteria requiring a public interest test
- CCC hearings can now be conducted by audiovisual or audio link, and notices can be served by email
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced11 Oct 2023View Hansard
Vote on a motion
Vote on a government motion to suspend standing orders to allow debate on a motion condemning the LNP opposition's health policies and record under the Newman government. This was unrelated to the Crime and Corruption Amendment Bill.
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 votesHide individual votes
Ayes (50)
Noes (35)
▸Committee11 Oct 2023View Hansard
Referred to Legal Affairs and Safety Committee
The Community Safety and Legal Affairs Committee examined the Crime and Corruption and Other Legislation Amendment Bill 2024 over several weeks, receiving 11 submissions and holding a public hearing and departmental briefing. The committee recommended the bill be passed, finding that its reforms to the Crime and Corruption Commission's enforcement powers, journalist shield laws, and Director of Public Prosecutions oversight struck an appropriate balance between anti-corruption capability and safeguards for rights and freedoms. Two non-government members filed a Statement of Reservation, criticising the government's handling of CCC appointment tenure provisions and the pace of reform.
Key findings (5)
- The bill's amendments to streamline CCC enforcement powers and privilege provisions were found to provide greater clarity without altering the CCC's existing coercive powers.
- The committee accepted that journalist shield law provisions appropriately balance press freedom with the CCC's investigative needs.
- Stakeholders broadly supported requiring the CCC to seek Director of Public Prosecutions advice before charging corruption offences, enhancing oversight of CCC decision-making.
- The committee acknowledged that some provisions, particularly on appointment tenure, departed from earlier Parliamentary Crime and Corruption Committee recommendations.
- The committee urged the government to consider implementing further outstanding recommendations from multiple review reports into the CCC.
Recommendations (1)
- The committee recommends the Crime and Corruption and Other Legislation Amendment Bill 2024 be passed.
Committee report tabled
▸Second Reading20 Aug 2024View Hansard
▸15 members spoke15 support
Introduced and championed the bill as Attorney-General, arguing it implements recommendations from the Fitzgerald-Wilson commission of inquiry, multiple PCCC reports and the Windage report. Defended the fixed seven-year tenure for commissioners and the requirement for CCC to seek DPP advice before laying corruption charges.
“The harms that may result from unsound charging practices are significant. First and foremost, there is the harm to individuals, in particular to their privacy and reputation.”— 2024-08-20View Hansard
Supported the bill but heavily criticised the government's glacially slow pace of reform, noting some recommendations date back to 2016. Criticised the government for failing to address CCC public reporting powers and the fixed seven-year tenure departing from PCCC recommendations. Supported journalist shield law provisions which the LNP had championed two years earlier.
“The pace of reform to the CCC under this Labor government can only be described as glacial.”— 2024-08-20View Hansard
Supported the bill as committee chair, arguing it strikes a balance between the need for robust anti-corruption powers and robust accountability mechanisms. Highlighted the committee's recommendation that the bill be passed.
“I believe that this bill, as part of our ongoing fight against corruption, strikes a balance between the need for institutions with robust anti-corruption powers and the need for equally robust accountability mechanisms.”— 2024-08-20View Hansard
Supported the bill but criticised the government for failing to address CCC reporting powers and for what she described as a culture of cover-ups. Supported journalist shield law provisions and the lobbying disclosure amendments for shadow ministers.
“We have a Crime and Corruption Commission, which is a standing royal commission, that should be able to do its job.”— 2024-08-20View Hansard
Supported the bill as a committee member, emphasising the importance of the DPP oversight requirement for CCC corruption prosecutions and the journalist shield laws. Highlighted the impact of the Logan City Council case on the need for reform.
“Even the perception of corruption has a deleterious effect on the trust that people place in the institutions that wield power in our modern society.”— 2024-08-20View Hansard
Supported the bill but expressed concern about the fixed seven-year tenure undermining bipartisanship in CCC appointments. Criticised the government for taking eight years to implement some recommendations and for enhancing executive powers in CCC selection contrary to PCCC recommendations.
“Locking in seven years potentially harms bipartisanship in this parliament.”— 2024-08-20View Hansard
Supported the bill as a committee member and former PCCC member, emphasising the importance of DPP oversight in corruption prosecutions and journalist shield laws. Drew on her experience with the Logan City Council inquiry to illustrate the real impact on councillors' lives.
“Without a robust integrity system, the risk of corruption, misconduct and inefficiency increases, undermining the very foundation of public trust.”— 2024-08-20View Hansard
Supported the bill while noting concerns about the fixed seven-year appointment diminishing bipartisan approval and the need to reform the definition of bipartisanship. Called for a review of committee processes at the beginning of the next term.
“Having the opposition, this side of the House, on board with decisions is vital.”— 2024-08-20View Hansard
Supported the bill as deputy chair of the PCCC, detailing the DPP advice requirements and the review of chapters 3 and 4 of the Crime and Corruption Act. Endorsed the journalist shield laws and the fixed seven-year non-renewable term for commissioners.
“The benefit of this approach is outlined in the Fitzgerald-Wilson inquiry report and would provide the CCC with expert advice regarding the prospects of a successful prosecution.”— 2024-08-20View Hansard
Supported the bill as PCCC chair but expressed reservations about the mandated seven-year fixed term for commissioners, arguing it removes the PCCC's ability to negotiate tenure as part of the bipartisan appointment process. Criticised the glacial pace of legislative reform and the failure to address CCC public reporting powers.
“The pace of change for this legislation is glacial. It has been very slow.”— 2024-08-20View Hansard
Supported the bill, emphasising the importance of independent anti-corruption bodies to democracy. Highlighted the DPP advice requirement as addressing the Logan City Council failures, and endorsed journalist shield laws as a progressive reform respecting the role of the media.
“Let us be frank: the careers of a whole range of people were ruined because of a charge of corruption that was subsequently withdrawn.”— 2024-08-20View Hansard
Supported the bill but criticised the government's culture of cover-ups and glacial pace of reform with recommendations dating back to 2016. Raised concerns about the impact of CCC complaints processes on rural mayors and councillors and the lack of blanket whistleblower protections.
“This government has consistently handed in late and sloppy homework and now it finds it has left many of the most important pieces of work until the last minute.”— 2024-08-20View Hansard
Supported the bill, highlighting the DPP oversight requirements for corruption investigations and the journalist shield laws. Noted the committee recommended the bill be passed without amendment.
“It is paramount that it can operate with impartiality, fairness and transparency.”— 2024-08-20View Hansard
Supported the bill, emphasising the importance of the CCC seeking DPP advice before laying corruption charges to avoid the damage caused by withdrawn prosecutions. Argued journalist shield laws are vital for democracy.
“It is important that our journalists have that protection so that if they write a story—maybe about a member of parliament who was found in contempt or a member of parliament who is alleged to have committed corruption—they know they have the right.”— 2024-08-20View Hansard
Supported the bill as necessary to keep the CCC relevant and able, but criticised the government for the glacial pace of reform and failure to implement bipartisan support reforms for the PCCC. Argued the government does not like CCC oversight when in power.
“Despite all of the protestations from the government side of the House that they are leaders in terms of integrity, that is codswallop.”— 2024-08-20View Hansard
▸In Detail20 Aug 2024View Hansard
Technical correction to clause 31 amending section 205 (Legal assistance), correcting a cross-reference from '205G(b)' to '205G(1)(b)'.
Two further technical corrections to clause 32 (Insertion of new ch 4A), correcting the same cross-reference from '205G(b)' to '205G(1)(b)' at two locations.
Amendment outside the long title to insert a new Part 2A amending the Integrity Act 2009, widening the definition of 'opposition representative' to include opposition spokespersons (shadow ministers) and opposition assistant spokespersons (shadow assistant ministers), requiring registered lobbyists to disclose lobbying activity with these representatives.
Amendment to the long title of the bill to insert reference to the Integrity Act 2009, consequential to the amendment adding lobbying disclosure provisions.
Assent date: 4 December 2023