Crime and Corruption (Reporting) Amendment Bill 2024

Introduced: 10/9/2024By: Hon Y D'Ath MPStatus: Lapsed

This summary was generated by AI and has not yet been reviewed by a human.

Plain English Summary

Overview

This bill restores the Crime and Corruption Commission's ability to publicly report on corruption investigations, after the High Court ruled in 2023 that the CCC had no such power. It creates a structured framework for the CCC to prepare reports and make public statements about corruption, balanced by a public interest test, identity protections, and procedural fairness for people affected.

Who it affects

All Queenslanders benefit from greater transparency about public sector corruption. Elected office holders, public servants, and other public appointees face increased accountability, while people investigated for corruption gain enhanced procedural fairness protections.

Key changes

The CCC can now publish reports on completed corruption investigations, corruption prevention, and public hearings — subject to a public interest test
Elected office holders (MPs, Ministers, councillors) can be named in corruption reports even without a conviction, reflecting the higher public interest in their conduct
Other investigated persons can only be named if they meet a 'serious corrupt conduct threshold' — meaning a conviction, QCAT finding, or termination for corruption
People identified in draft reports get at least 30 days to respond, plus a further 14-day period to reply to any changes
New offences for leaking draft reports or proposed public statements, carrying penalties of up to 85 penalty units or 1 year's imprisonment
Civil liability for CCC reports published before the High Court decision on 13 September 2023 is extinguished, unless legal proceedings were already underway

How this affects you

Justice & Rights

•The CCC can now publicly report on corruption investigations, so Queenslanders can find out what happened when public officials are investigatedClause 10 (new s 63D)Authorises the CCC to prepare a report on a completed corruption investigation in performing its corruption functions.
•People named in CCC reports get at least 30 days to respond before the report is published, plus a further 14-day periodClause 13 (new s 68E)The commission must give the investigated person a copy of the draft report and invite submissions within not less than 30 days.
•Leaking a draft CCC report or proposed public statement is now an offence carrying up to 85 penalty units or 1 year's imprisonmentClause 18 (new ss 214A, 214B)A person given a draft report must not copy, publish or give it to anyone unless seeking legal advice or with a reasonable excuse.
•QCAT must now be constituted by a Supreme Court judge when hearing corrupt conduct cases, ensuring more senior judicial oversightClause 19 (new s 219CA)QCAT must be constituted by a judicial member who is a Supreme Court judge or former Supreme Court judge nominated by the president of QCAT.

Government & Elections

•Elected officials including MPs, Ministers, and councillors can be named in CCC corruption reports even without being convicted — reflecting the higher public interest in their conductClause 10 (new s 63F(c))A corruption investigation report may include identifying information about an investigated person if the identifying information relates to an elected office holder.
•The CCC must weigh the public interest before publishing any corruption report, considering government accountability, human rights, and whether the matter has been subject to prolonged public debateClause 9 (new s 63B)The commission may exercise reporting powers only if satisfied it is in the public interest, having regard to accountability, transparency, human rights, and seriousness of the matter.
•Past CCC reports published before the September 2023 High Court ruling are shielded from civil lawsuits, provided they were made in good faithClause 26 (new s 337A)A person is not civilly liable for an act done before 13 September 2023 in good faith and without gross negligence to prepare or publish a corruption report.

Bill Story

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

▸Introduced10 Sept 2024View Hansard

Vote on a motion

Vote on the first reading of the Crime and Corruption (Reporting) Amendment Bill 2024, which establishes new reporting and public statement-making powers for the CCC following the High Court decision in CCC v Carne. The LNP, KAP and independent member Bolton voted against the first reading, while Labor and Greens voted in favour.

Passed49 ayes – 38 noes2024-09-10

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 votes

Ayes (49)

A. King(Australian Labor Party)

Bailey(Australian Labor Party)

Boyd(Australian Labor Party)

Brown(Australian Labor Party)

Bush(Australian Labor Party)

Butcher(Australian Labor Party)

Crawford(Australian Labor Party)

Dick(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)

Grace(Australian Labor Party)

Harper(Australian Labor Party)

Healy(Australian Labor Party)

Hinchliffe(Australian Labor Party)

Howard(Australian Labor Party)

Hunt(Australian Labor Party)

Kelly(Australian Labor Party)

Linard(Australian Labor Party)

Lui(Australian Labor Party)

Martin(Australian Labor Party)

McCallum(Australian Labor Party)

McMahon(Australian Labor Party)

McMillan(Australian Labor Party)

Mellish(Australian Labor Party)

Miles(Australian Labor Party)

Mullen(Australian Labor Party)

Nightingale(Australian Labor Party)

O’Rourke

Pease(Australian Labor Party)

Power(Australian Labor Party)

Pugh(Australian Labor Party)

Richards(Australian Labor Party)

Russo(Australian Labor Party)

Ryan(Australian Labor Party)

S. King(Australian Labor Party)

Saunders(Australian Labor Party)

Scanlon(Australian Labor Party)

Skelton(Australian Labor Party)

Smith(Australian Labor Party)

Stewart(Australian Labor Party)

Sullivan(Independent)

Tantari(Australian Labor Party)

Walker(Australian Labor Party)

Whiting(Australian Labor Party)

de Brenni(Australian Labor Party)

Noes (38)

Andrew(One Nation Party)

Bates(Liberal National Party)

Bennett(Liberal National Party)

Bleijie(Liberal National Party)

Bolton(Independent)

Boothman(Liberal National Party)

Camm(Liberal National Party)

Crandon(Liberal National Party)

Crisafulli(Liberal National Party)

Dametto(Katter's Australian Party)

Frecklington(Liberal National Party)

Gerber(Liberal National Party)

Hart(Liberal National Party)

Head(Liberal National Party)

Janetzki(Liberal National Party)

Katter(Katter's Australian Party)

Knuth(Katter's Australian Party)

Krause(Liberal National Party)

Last(Liberal National Party)

Leahy(Liberal National Party)

Lister(Liberal National Party)

Mander(Liberal National Party)

McDonald(Liberal National Party)

Mickelberg(Liberal National Party)

Millar(Liberal National Party)

Minnikin(Liberal National Party)

Molhoek(Liberal National Party)

Nicholls(Liberal National Party)

O’Connor(Liberal National Party)

Powell(Liberal National Party)

Purdie(Liberal National Party)

Robinson(Liberal National Party)

Rowan(Liberal National Party)

Simpson(Liberal National Party)

Stevens(Liberal National Party)

Watts(Liberal National Party)

Weir(Liberal National Party)

Zanow(Liberal National Party)

▸First Reading10 Sept 2024View Hansard

4.56 pmHon. YM D'ATHSupports

Introduced the bill as Attorney-General, arguing it establishes clear, balanced and public interest-focused reporting powers for the CCC following the High Court's decision in CCC v Carne, with appropriate safeguards for procedural fairness and individual rights.

“The intervening period since the High Court's critical decision has allowed the development of a set of laws that establish clear parameters for CCC reporting and public statements that are clear, balanced and, above all, in the public interest.”— 2024-09-10View Hansard

▸Committee10 Sept 2024View Hansard

Referred to Community Safety and Legal Affairs Committee

Community Safety and Legal Affairs Committeeportfolio

Committee Report

Second Reading

Lapsed1 Oct 2024

Referenced Entities

Sectors Affected

Public Administration Criminal Law

Classified using AGIFT/ANZSIC Australian government standards