Crime and Corruption Amendment Bill 2015

Introduced: 1/12/2015By: Hon Y D'Ath MPStatus: PASSED with amendment
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Plain English Summary

Overview

This bill reforms the Crime and Corruption Commission (CCC), Queensland's anti-corruption watchdog, by restoring its independence and broadening how people can report corruption. It reverses several changes made in 2014, separating the CEO role from the commissioners, requiring cross-party agreement on senior appointments, and bringing back the CCC's power to prevent corruption and run its own research.

Who it affects

Anyone wanting to report corruption in government gains the ability to do so anonymously. Public sector staff and agencies will see the CCC take a more active role in helping them prevent corruption, while senior CCC appointments will require bipartisan support from a parliamentary committee.

Key changes

  • People can report corruption anonymously - statutory declarations are no longer required
  • The CCC regains its role in preventing corruption and building integrity across the public sector, not just investigating it
  • Senior CCC appointments (chairperson, deputy, commissioners and CEO) need bipartisan support from the Parliamentary Crime and Corruption Committee
  • The CCC's CEO is no longer a commissioner, and acting appointments are capped at three months without bipartisan support
  • The CCC can run its own research without needing ministerial approval
  • References to 'chairman' are replaced with 'chairperson' across the CC Act and 13 other Queensland Acts

Bill Story

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

Introduced1 Dec 2015View Hansard
First Reading1 Dec 2015View Hansard
Committee1 Dec 2015View Hansard

Referred to Legal Affairs and Community Safety Committee

Committee Findings

The Legal Affairs and Community Safety Committee examined the bill, which amends the Crime and Corruption Act 2001 to implement recommendations from the Parliamentary Crime and Corruption Committee's review of the Crime and Corruption Commission. The committee was unable to reach a majority decision on whether to recommend the bill be passed. Key contentious issues included the removal of statutory declaration requirements for complaints (allowing anonymous complaints), the definition of 'bipartisan support' for CCC appointments, and the restoration of the CCC's corruption prevention and independent research functions.

Key findings (5)
  • The committee could not reach a majority decision on a motion to recommend the bill be passed, so the motion failed under section 91C(7) of the Parliament of Queensland Act 2001
  • The bill proposed removing the requirement for complaints to the CCC to be made by statutory declaration, allowing anonymous complaints to foster a culture encouraging corruption reporting
  • The Local Government Association of Queensland and Professor Sampford raised concerns that anonymous complaints could be misused for political purposes, while supporting confidentiality for genuine complainants
  • The bill required bipartisan PCCC support for the appointment of the CCC CEO, replacing the existing veto power, but concerns were raised about the definition of 'bipartisan support' permitting crossbench substitution for opposition members
  • The bill restored the CCC's corruption prevention and independent research functions, which the CCC and other stakeholders broadly supported
Dissenting views: Non-government members filed a Statement of Reservation opposing the removal of statutory declaration requirements for complaints, arguing it could lead to misuse for political purposes. They also raised concerns about the definition of 'bipartisan support' for CCC appointments, contending it did not reflect the ordinary community understanding of bipartisanship since a government majority could be formed with crossbench support rather than opposition support. They recommended that Professor Sampford's proposed framework for complaint confidentiality be investigated by the PCCC.
AI-generated summary — may contain errors
Committee Report1 Mar 2016

Committee report tabled

Second Reading20 Apr 2016View Hansard

That the bill be read a second time

Vote to advance the Crime and Corruption Amendment Bill to restore the CCC's independence; passed 45-41 with ALP, KAP and both independents voting aye and LNP voting no.

Passed45 ayes – 41 noes2016-04-20

The motion passed.

Show individual votes

Ayes (45)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(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)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
19 members spoke11 support8 oppose
4.05 pmHon. YM D'ATHSupports

Introduced the bill as Attorney-General to deliver on election commitments to restore the CCC's independence, including reinstating its corruption prevention and research functions, allowing anonymous complaints, and requiring bipartisan appointments.

This bill delivers on our election commitment to Queenslanders to deliver a truly independent corruption watchdog.2016-04-20View Hansard
4.17 pmMr WALKEROpposes

Opposed the bill overall despite supporting some structural changes, arguing it should await the PCCC's statutory review due by June 2016, and that the government refused to fix a loophole in the definition of 'bipartisan support' that it had exploited to appoint the CCC chair.

Until those changes are made, namely the changes to the requirement in the act for bipartisan support on appointments—and that does not appear to be forthcoming—and the deferral of objectives 4 and 5 until at least the PCCC review is tabled, then the LNP is not able to support the bill.2016-04-20View Hansard
4.30 pmMr FURNERSupports

Supported the bill as committee chair, arguing it implemented fair and transparent election commitments and would restore independence to the CCC after the Newman government had stripped it of important functions.

The CCC should never have had its independence stripped or its important corruption prevention and research functions limited, as occurred in 2014.2016-04-20View Hansard
4.39 pmMr KRAUSEOpposes

Opposed the bill as committee member, arguing the issues should be dealt with through the PCCC's three-yearly review, and criticised the government for refusing to fix the bipartisan support definition and for allowing the CCC to be used for political smear campaigns.

It is a process that has the executive in control of the CCC lock, stock and barrel. This is a Labor government that is perpetuating this process.2016-04-20View Hansard
4.50 pmMr BROWNSupports

Supported the bill as a former PCCC member, arguing the CCC was politicised under the Newman government and the bill would restore its independence, including the ability to receive anonymous complaints and perform its corruption prevention function.

We should encourage citizens to complain about power and not be afraid of it.2016-04-20View Hansard
4.55 pmMiss BARTONOpposes

Opposed the bill as a committee member, criticising the government's refusal to properly define 'bipartisan support' and arguing the removal of statutory declarations would increase frivolous and vexatious complaints used as political weapons.

This government is so concerned about being able to take advantage of the system, is so concerned about being able to ridicule the integrity of the system and abuse the integrity of the system, that it will not even entertain the notion of defining 'bipartisan support' in the ordinary way that everyday Queenslanders would.2016-04-20View Hansard
5.08 pmMs LINARDSupports

Supported the bill as righting a serious wrong carried out by the Newman government, citing submissions from the Queensland Law Society, Ombudsman, Bar Association and Tony Fitzgerald opposing the 2014 changes that this bill reverses.

The independence of the commission must be protected by all sides of politics. The commission's independence is vital to ensuring the integrity of Queensland's public institutions.2016-04-20View Hansard
5.16 pmMrs SMITHOpposes

Opposed the bill as a committee member, raising grave concerns about removing statutory declarations for CCC complaints and citing LGAQ evidence that it would increase frivolous and vexatious complaints, particularly around election times.

Anyone who wishes to make a complaint and believes their allegations are of substance should complete a statutory declaration and their complaint should remain confidential to protect the integrity of the system.2016-04-20View Hansard
5.23 pmMs PEASESupports

Supported the bill as delivering on a key election commitment to restore the CCC's independence and integrity, arguing it would remove temptations and hold administrations accountable.

This bill is about removing temptations and holding administrations accountable. It is about ensuring the public can have confidence in the integrity of government and the public sector.2016-04-20View Hansard
5.27 pmMr LASTOpposes

Opposed the bill, arguing major structural reforms should wait until the PCCC's statutory review is completed, and expressed particular concern about allowing anonymous complaints given the CCC's use as a political tool during local government elections.

Any changes to the legislation governing that body need to be the subject of rigorous assessment and evaluation and not at the whim of individuals or political parties with a particular agenda.2016-04-20View Hansard
5.32 pmMs FARMERSupports

Supported the bill as going to the heart of the Palaszczuk government's commitment to transparency and accountability, arguing the Newman government had systematically undermined democratic processes and the CCC's independence.

This goes to the heart of what Queenslanders expect from a government that they can trust, and that trust was breached during the term of the previous LNP government.2016-04-20View Hansard
5.40 pmMr PERRETTOpposes

Opposed the bill, focusing on the need for a deterrent to frivolous and vexatious CCC complaints, citing the LGAQ's concerns and the CCC chair's admission that the criminal offence for false complaints had never been prosecuted.

Until we can refer frivolous complaints and have prosecutions, all of the education programs in the world will have no teeth.2016-04-20View Hansard
5.48 pmMr RYANSupports

Supported the bill as a former PCMC and PCCC member, arguing the government should create a culture where people feel comfortable making complaints and that restoring anonymous complaints and bipartisan appointments would enhance integrity.

I would much rather someone make a complaint and for it to be investigated and found to be unsubstantiated than for someone who feels fearful to not make a complaint and for the bad behaviour to continue.2016-04-20View Hansard
5.55 pmDr ROWANOpposes

Opposed the bill, arguing structural reforms should await the PCCC's statutory review and that the proposed changes did not arise from any independent review, unlike the LNP's 2014 amendments which followed the Callinan-Aroney review.

I believe, as does the LNP, that any major structural reform to the Crime and Corruption Commission should wait until after this review is finalised.2016-04-20View Hansard
9.49 pmMr WATTSOpposes

Opposed the bill as PCCC chair, arguing piecemeal amendments were pre-emptive while a statutory review was underway, and called for bipartisan agreement on the CCC's structure through the complete review process.

While there is a structural review and complete overview of the commission going on, I think it is pre-emptive to come in here with the five objectives of the bill.2016-04-20View Hansard
10.00 pmMr MADDENSupports

Supported the bill as restoring the CCC's independence and integrity after the Campbell Newman government had made critical changes including removing the corruption prevention function and requiring statutory declarations for complaints.

The Palaszczuk government is committed to restoring the CCC's independence and integrity.2016-04-20View Hansard
10.05 pmMr PEGGSupports

Supported the bill as righting the wrongs of the Newman government, criticising the opposition for obsessing over civic red tape while ignoring broader systemic issues, and arguing the CCC should be able to set its own research agenda without political interference.

The CCC should be able to make their own decisions in relation to research without political interference, and this bill will allow the CCC to do just that.2016-04-20View Hansard
10.12 pmMr RUSSOSupports

Supported the bill as restoring public confidence in the CCC, citing Tony Fitzgerald's criticism of the Newman government's 2014 reforms as 'a gross abuse of power' and arguing the bill would reverse the worst attacks on the CCC's independence.

Perhaps the most important of these reforms is to allow evidence to be given anonymously. This will greatly improve the investigating power of the CCC and serve as a layer of protection for whistleblowers against retaliation.2016-04-20View Hansard
10.19 pmHon. CR DICKSupports

Supported the bill as Minister for Health, arguing the LNP had a historical pattern of nobbling independent crime commissions dating back to the Borbidge government's Connolly-Ryan inquiry and continuing through the Newman government's sacking of the PCCC.

If there is one thing the members of the LNP practise when in government, it is nobbling independent crime and corruption commissions.2016-04-20View Hansard
In Detail20 Apr 2016View Hansard
Amendment

That the amendment be agreed to

Vote on the Attorney-General's amendment to extend the justices of the peace QCAT trial for a further six months to 13 November 2016, which was supported by both government and opposition.

Passed42 ayes – 41 noes2016-04-20

The motion passed.

Show individual votes

Ayes (42)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(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)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

That the motion, as amended, be agreed to

Vote on the long title of the bill as amended to include references to the QCAT Act and Regulation amendments; passed 42-41.

Passed42 ayes – 41 noes2016-04-20

The motion passed.

Show individual votes

Ayes (42)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(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)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading20 Apr 2016View Hansard
Royal Assent5 May 2016

Sectors Affected

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