Crime and Corruption and Other Legislation Amendment Bill 2018
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 powers to investigate corruption risks. It also implements recommendations from two parliamentary committee reviews to improve how the Commission handles disciplinary matters, shares information, and treats people named in its reports.
Who it affects
Public sector employees face a broader definition of corrupt conduct. Private citizens involved in government contracting, licensing or public funds can now be investigated for conduct that undermines public confidence. People named in CCC reports gain new procedural fairness protections.
Key changes
- The definition of 'corrupt conduct' is widened to cover conduct by private citizens that impairs public confidence, including collusive tendering, licence fraud, misuse of public funds, and tax evasion
- The CCC gains broader investigative powers to proactively investigate conduct that could allow, encourage or cause corruption
- People named in publicly tabled CCC reports must be given an opportunity to respond before adverse comments are published
- A unified disciplinary framework lets proceedings continue when employees move between the CCC, public service, ambulance service, and fire service
- The CCC's information disclosure rules are simplified into a single provision, and the Ombudsman gains new powers to share information with Commonwealth and interstate agencies
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸First Reading23 Mar 2017View 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.
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.
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Ayes (50)
Noes (39)
▸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.
Permission was granted.
A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.
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Ayes (52)
Noes (39)
▸Committee22 Mar 2017View Hansard
Referred to Legal Affairs and Community Safety Committee
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.
Committee report tabled
▸Second Reading22 Mar 2017View Hansard
▸41 members spoke37 support4 mixed
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
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
As the Attorney-General introducing the bill, advocated widening the definition of 'corrupt conduct' to include private citizens impairing public confidence, expanding CCC investigatory jurisdiction, and implementing PCCC report recommendations.
“The bill draws together an assortment of amendments which, in their totality, reaffirms this government's commitment to an independent and strong Crime and Corruption Commission.”— 2017-03-23View Hansard
As Attorney-General, moved the second reading and outlined the bill's three main objectives: introducing a sexual assault counselling privilege, automatic special witness status for sexual offence victims, and implementing the 15 recommendations of the VOCA Act statutory review including expanding financial assistance to all victims of domestic and family violence.
“The victims of crime bill represents this government's commitment to ensuring victims of violent crime are treated with dignity, respect and fairness during the criminal justice process.”— 2017-03-22View Hansard
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
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
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
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
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
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
Indicated the LNP would not oppose the VOCA bill, noting its genesis in a statutory review commissioned by the LNP government in 2013 and welcoming the sexual assault counselling privilege provisions.
“The LNP will not be opposing that legislation. We support good common-sense reforms.”— 2017-03-22View Hansard
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
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
As Shadow Attorney-General, supported the VOCA bill, noting the statutory review was established by the LNP government in 2013 and welcoming the sexual assault counselling privilege and automatic special witness status provisions.
“The bill implements all 15 recommendations of the review into the act which, as I said before, was established by the LNP government in 2013.”— 2017-03-22View Hansard
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
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
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
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
As committee chair, supported the VOCA bill highlighting its charter of victims' rights, removal of procedural impediments for applications, and the introduction of sexual assault counselling privilege.
“I think this is very important because it is removing procedural impediments for victims to get access to some redress, and I think that is a very important thing.”— 2017-03-22View Hansard
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
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
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
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
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
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
Supported the VOCA bill as providing clear, concise and precise action resulting from informed review, in contrast to the bail bill.
“Compare the VOCA bill, where reviews provided clear, concise and precise action, with the bail bill, which was thought-bubble legislation with a thumb sketch of costings.”— 2017-03-22View Hansard
Commended the VOCA bill's introduction of sexual assault counselling privilege and automatic special witness status, drawing on personal experience with the Act.
“I am absolutely on board with those. Having experienced aspects of the Victims of Crime Assistance Act personally with my wife and her sisters I can understand the confusion and the complexity of it.”— 2017-03-22View Hansard
Indicated the LNP side supports passage of the VOCA bill without further comment.
“Our side of the House is supporting the passage of that bill.”— 2017-03-22View Hansard
Supported the VOCA bill, particularly the sexual assault counselling privilege which removes the ability to subpoena counselling communications, and automatic special witness status for sexual offence victims.
“This bill has provided the foundations necessary to ensure that no matter the case, victims can feel safe and secure coming forward with information that they may never have wanted to share.”— 2017-03-22View Hansard
As a committee member, supported the VOCA bill including its sexual assault counselling privilege, automatic special witness status, and increased financial assistance amounts including funeral assistance raised from $6,000 to $8,000.
“That is why the LNP is very happy to be supporting this bill.”— 2017-03-22View Hansard
Supported the VOCA bill's three key objectives of implementing the review recommendations, sexual assault counselling privilege, and automatic special witness status.
“I think this bill does so in a manner which is flexible and which reduces the barriers for victims of crime.”— 2017-03-22View Hansard
Indicated support for the VOCA bill which he stated makes a lot of sense.
“That is why tonight we will be supporting the government's legislation because it makes a lot of sense.”— 2017-03-22View Hansard
Did not oppose the VOCA bill, noting the review was established by the LNP in 2013 and the bill implements all 15 recommendations.
“As the shadow Attorney indicated, we will not oppose because we do have a strong focus on community safety and putting victims' rights first.”— 2017-03-22View Hansard
Supported the VOCA bill, highlighting the expansion of victim impact statements to all domestic violence offences and the new charter of victims' rights.
“The committee only had one recommendation and that was that the bill be passed.”— 2017-03-22View Hansard
Spoke in support of the VOCA bill, particularly the sexual assault counselling privilege, financial assistance for all DV victims, and the rights to be informed about bail applications and prosecutions.
“Tonight we debate the implementation of recommendation 130, which is aimed at improving support for victims of sexual assault during the legal process by introducing a sexual assault counselling privilege.”— 2017-03-22View Hansard
Supported the VOCA bill, particularly welcoming the automatic special witness status for victims of sexual violence which reduces the impact of the criminal justice process on vulnerable persons.
“For Queensland to do nothing will only be to the detriment of those most vulnerable in our community.”— 2017-03-22View Hansard
Minister for Innovation made a brief contribution supporting the VOCA bill, sharing her own experience of domestic violence and highlighting the bill's provision of financial assistance to all DV victims including those who endured emotional and economic abuse.
“With those few words, I commend the Victims of Crime Assistance and Other Legislation Amendment Bill 2016 to the House.”— 2017-03-22View Hansard
Supported the VOCA bill including its sexual assault counselling privilege, automatic special witness status, and expansion of the financial assistance scheme to cover elder abuse.
“These are common-sense recommendations in support of victims of violent crime and sexual assault and I am pleased to support this bill.”— 2017-03-22View Hansard
Spoke in favour of the VOCA bill.
“I rise to speak in favour of the Victims of Crime Assistance and Other Legislation Amendment Bill and the amendments moved by the Attorney-General to the private member's bill.”— 2017-03-22View Hansard
Did not oppose the VOCA bill, highlighting the sexual assault counselling privilege, automatic special witness status, and expanded financial assistance scheme including elder abuse.
“The LNP and I do not oppose the Victims of Crime Assistance and Other Legislation Amendment Bill 2016.”— 2017-03-22View Hansard
As Minister for Police and Corrective Services, supported the VOCA bill's charter of victims' rights ensuring victims are informed of bail conditions and highlighted the integrated response approach.
“This is why the victims of crime assistance bill creates a charter of victim's rights to ensure that victims are informed of bail conditions and, importantly, that arrangements and support services are put in place to ensure a victim's safety.”— 2017-03-22View Hansard
▸In Detail22 Mar 2017 – 1 Nov 2018View Hansard
Minor consequential amendments updating references from the Public Service Regulation 2008 to the Public Service Regulation 2018 throughout the bill.
Insert a legislative example under the charter of victims' rights clarifying that 'relevant court process' about which a victim will be informed includes an application for bail made by the accused.
Insert a definition of 'history of violence' into section 320(5) of the Corrective Services Act 2006 to clarify that it includes a history of domestic violence, implementing recommendation 82 of the Queensland Parole System Review.
That amendment No. 4 be agreed to
Government amendment to Clause 4 replacing GPS tracking framework to apply beyond domestic violence to all offences; passed 44-40 with ALP, KAP and Independents voting yes.
The motion passed.
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Ayes (44)
Noes (40)
That the amendment be agreed to
Government amendment No. 7 replacing clause 6 with a reframed reverse onus provision targeting specific domestic violence offences; passed 44-40.
The motion passed.
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Ayes (44)
Noes (40)
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.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (38)
Noes (47)
▸4 clause votes
Vote on clause 11
Vote on retaining clause 11 of the Bail (Domestic Violence) Bill regarding the eligible persons register expansion; passed 44-40 with LNP, KAP, PHON and Independents supporting the clause against ALP opposition.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (44)
Noes (40)
Vote on clause 3
Vote on retaining clause 3 of the Bail (Domestic Violence) Bill containing definitions; government successfully moved to omit the clause 44-40 arguing existing definitions were consistent.
The clause was removed.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (40)
Noes (44)
Vote on clause 5
Vote on retaining clause 5 of the Bail (Domestic Violence) Bill providing victim notification of bail applications; government successfully moved to omit the clause 44-40 arguing notifications were covered in the VOCA bill.
The clause was removed.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (40)
Noes (44)
Vote on clause 7
Vote on retaining clause 7 of the Bail (Domestic Violence) Bill providing the stay of release pending higher court review; clause retained 44-40 with LNP, KAP, PHON and Independents voting to keep it against ALP opposition.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (44)
Noes (40)
Assent date: 9 November 2018
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