Integrity and Other Legislation Amendment Bill 2022
Plain English Summary
Overview
This bill strengthens the independence of Queensland's key integrity watchdogs — the Auditor-General, the Integrity Commissioner, and the Ombudsman — following the 2022 Coaldrake Report into public sector culture and accountability. It makes the Auditor-General an officer of Parliament, creates the Office of the Queensland Integrity Commissioner, and introduces a criminal offence for unregistered lobbying.
Who it affects
Lobbyists who operate without registration now face criminal penalties. Queensland Audit Office staff move to new employment arrangements but retain all existing entitlements. Ministerial staff (other than chiefs of staff) lose direct access to the Integrity Commissioner for advice.
Key changes
- The Auditor-General becomes an officer of Parliament and can set audit fees without Treasurer approval
- The Auditor-General can now conduct performance audits of Government Owned Corporations without needing prior approval
- A new Office of the Queensland Integrity Commissioner is established with a Deputy Commissioner role
- Unregistered lobbyists face a maximum penalty of 200 penalty units for carrying out lobbying activities
- The Ombudsman's strategic review cycle is reduced from 7 years to 5 years
- Most ministerial staff can no longer directly seek advice from the Integrity Commissioner — only chiefs of staff retain this access
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Oct 2022View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the Integrity and Other Legislation Amendment Bill 2022 over six weeks, receiving four submissions and holding a public hearing. The committee recommended the bill be passed, finding the reforms to strengthen the independence of the Auditor-General, Integrity Commissioner, and Ombudsman were well-supported by stakeholders. While Together Queensland raised concerns about employment conditions for Audit Office staff moving out of the public sector framework, and the Auditor-General questioned the relevance of the government indexation rate for setting audit fees, the committee was satisfied the bill struck an appropriate balance.
Key findings (5)
- The bill implements recommendations from the Coaldrake Report and the Yearbury Report to strengthen Queensland's integrity and oversight framework.
- The Auditor-General broadly supported the reforms, particularly the formal recognition as an Officer of the Parliament and expanded performance audit powers over government-owned corporations.
- Together Queensland opposed moving Audit Office staff out of the Public Sector Act, arguing public sector employment conditions should be applied as widely as possible with only minimal limitations for independence.
- The Australian Professional Government Relations Association raised concerns that the new unregistered lobbying offence does not distinguish between inadvertent breaches and deliberate attempts to avoid the regulatory framework.
- The committee found the bill compatible with human rights, but suggested amendments to include the option of an affirmation alongside an oath to better protect freedom of belief.
Recommendations (1)
- The committee recommends the Integrity and Other Legislation Amendment Bill 2022 be passed.
Committee report tabled
▸Second Reading30 Nov 2022View Hansard
▸29 members spoke21 support8 mixed
Supported the bill as the latest in a succession of integrity reforms, highlighting the strengthening of the Auditor-General's independence and the creation of the Office of the Queensland Integrity Commissioner.
“This bill is the latest in a long succession of integrity bills passed by the Queensland Labor government.”— 2022-11-30View Hansard
As Minister, moved the second reading of both bills. Outlined the reforms to strengthen the independence of the Auditor-General, Integrity Commissioner and Ombudsman, implementing Coaldrake and Yearbury review recommendations.
“In respect of the substantive elements of the bills before the House, those reforms are part of an overall package of reforms being progressed by the Palaszczuk government to ensure that our public sector workforce is covered by a legislative framework that is modern, simplified and employee focused.”— 2022-11-29View Hansard
Criticised the Palaszczuk government's integrity record extensively, questioning the independence of the new Integrity Commissioner and arguing the government was dragged into reforms. Did not explicitly oppose the bill.
“If you look up the definition of integrity you will not find the words 'Palaszczuk government' or 'Palaszczuk ministers' anywhere near 'integrity'.”— 2022-11-30View Hansard
Supported integrity reforms but argued the government's actions do not match its rhetoric, citing the Coaldrake review findings of an atmosphere of fear, sanitised advice and political interference in the public service.
“Professor Coaldrake in his report spoke of 'an atmosphere of fear'—fear of unwanted career impacts and loss of employment status for unwelcome advice.”— 2022-11-29View Hansard
Criticised the government for not fully implementing Coaldrake recommendations, particularly regarding Auditor-General fee independence. Supported the offence for unregistered lobbying but argued the government lacked genuine commitment to integrity.
“This government runs from integrity. Integrity is a nuisance, a word used to bat away questions, to claim self-virtue.”— 2022-11-30View Hansard
Supported both bills and defended the government's integrity record, criticising the LNP for their record in government including sacking public servants and their handling of integrity bodies.
“When we say we are delivering good jobs and better services to enhance our great Queensland lifestyle, it includes backing and growing our frontline Public Service workers.”— 2022-11-29View Hansard
Supported both bills, defending the Integrity Commissioner appointment and criticising the LNP's integrity record during the Newman government.
“In stark contrast is the Palaszczuk government, which is consistently working to improve and deliver on reforms that promote transparency, accountability and integrity.”— 2022-11-30View Hansard
Supported integrity reforms but criticised the government for not fully implementing Coaldrake recommendations and for taking too long to act on the Bridgman review.
“When I hear the Palaszczuk Labor government talk about integrity, it is hard to keep a straight face.”— 2022-11-29View Hansard
Welcomed the Coaldrake report recommendations and the offence for unregistered lobbying, but expressed concern about the government's lack of commitment to fully implement reforms and the Treasurer's retained influence over Auditor-General fees.
“Putting it bluntly, the Treasurer still has significant influence over the fees set by the Queensland Audit Office and therefore diminishes its independence.”— 2022-11-30View Hansard
Supported both bills but criticised the government for delays in implementing review recommendations and for the culture of fear in the public service identified by the Coaldrake review.
“The culture of the public service under this government has been one of fear and intimidation.”— 2022-11-29View Hansard
Supported both bills as delivering significant milestones in transparency, accountability and integrity, contrasting the Palaszczuk government's record with the LNP's.
“We on this side absolutely demonstrates that. When we talk about integrity, we know who is working on the side of delivering integrity, transparency and accountability across Queensland.”— 2022-11-30View Hansard
Supported both bills but raised concerns about the government's lack of transparency and accountability, criticising the cognate debate format as limiting scrutiny.
“I rise to make a short contribution in order to give my view on these important pieces of legislation.”— 2022-11-29View Hansard
Supported integrity reforms but criticised the government for not going far enough in implementing the Coaldrake review recommendations and for the culture of secrecy in government.
“I rise to make a contribution to the Integrity and Other Legislation Amendment Bill.”— 2022-11-29View Hansard
Criticised the bills as window-dressing that fail to address the systemic issues identified by Coaldrake, including the culture of secrecy and lack of accountability in responding to Audit Office recommendations.
“It is time for a change of government in this state. These laws do not go far enough.”— 2022-11-30View Hansard
Supported both bills, highlighting the government's track record on integrity reform and the importance of the Coaldrake review recommendations. Acknowledged public servants in her community impacted by the Newman government's cuts.
“The vast majority of public servants work incredibly hard every day to serve the people of Queensland. They are honest, hardworking, they act with integrity and have an unquestionable commitment to service.”— 2022-11-29View Hansard
Supported the bills but criticised the government for delay in implementing Coaldrake recommendations. Announced the opposition would move an amendment regarding Auditor-General fees to remove Treasury influence. Criticised the cognate debate format.
“Culture can be described as how we do things around here. This state government in its third term is more interested in how things appear than how they actually are.”— 2022-11-29View Hansard
Announced the LNP would support the bill and the government's amendments, while extensively criticising the Labor Party's integrity record going back decades. Supported the opposition's amendment on Auditor-General fees.
“We will support this bill and we will support the amendments to be moved in relation to the magistrates as they make sense, but to be lectured to by the Labor Party on integrity is akin to letting Dracula control the blood bank.”— 2022-11-30View Hansard
Supported both bills and defended the government's integrity record. Cited the CCC report finding that the LNP's laptop allegations were a mischaracterisation of what occurred.
“Those opposite do not want to hear it, but I am happy to read directly from the report because Queenslanders deserve to know.”— 2022-11-29View Hansard
Supported both bills but criticised the government for taking 3.5 years to deliver stage 2 of the Bridgman review and for not fully implementing all Coaldrake recommendations. Announced the LNP would move an amendment on Auditor-General fee-setting.
“Integrity, accountability, openness and transparency are the foundations of democratic government. By its own actions and through various reviews, public revelations and damning reports, it is evident that the Palaszczuk state Labor government has abandoned these core democratic principles.”— 2022-11-29View Hansard
Supported the integrity bill amendments, particularly around the independence of integrity bodies, and emphasised the need for parliamentary committees to have proper resources and powers.
“However, how would this be implemented? Funding arrangements would need to be coordinated with the budget process.”— 2022-11-30View Hansard
As a former public servant and minister, supported both bills but argued the government created a culture of fear in the public service. Said the bill only partially addresses Coaldrake and Bridgman recommendations.
“Those opposite have spent eight years creating a culture set by the tone at the top that has created fear and mistrust within the Public Service.”— 2022-11-29View Hansard
Heavily criticised the government's integrity record and argued the bills fell short of implementing Coaldrake's recommendations 'lock, stock and barrel'. Accused the government of cognating the bills to limit scrutiny.
“Where is the openness now? Where is the transparency now? Where is the accountability now? It is absolutely nowhere to be seen because that is the Palaszczuk way.”— 2022-11-30View Hansard
Supported the bill's provisions to strengthen independence of the Auditor-General and Integrity Commissioner, but strongly criticised it for failing to meaningfully expand lobbying regulations, close the revolving door between parliament and lobbying firms, or ban cash-for-access meetings.
“An integrity bill that was concerned with anything other than dampening the critiques of this government would do so much more than this bill proposes.”— 2022-11-29View Hansard
Argued the bill falls hopelessly short of addressing the culture of fear in the Public Service. Said public servants are too scared to report honestly to ministers, and the reforms will not fix the underlying integrity problems.
“This falls hopelessly short, so good luck convincing the public that this will fix things around the place.”— 2022-11-30View Hansard
Supported both bills, highlighting the government's commitment to transparency and accountability. Criticised the LNP for politicising integrity and spreading misinformation about the laptop allegations.
“This government will always do what is best and what is right for Queenslanders. We are committed to taking Queenslanders along with us, not attacking them.”— 2022-11-29View Hansard
Criticised the government for cognating the bills to reduce scrutiny and for taking four years to act on the Bridgman review. Argued the government does not care about integrity.
“Never has it been more evident that this government does not want to let the sunshine in.”— 2022-11-30View Hansard
In her reply as minister, defended the government's integrity record, criticised the LNP's and Greens' own integrity issues, and commended both bills as significant milestones in reform.
“Who delivers on integrity? Labor does!”— 2022-11-30View Hansard
Supported both bills but criticised the government for slow implementation of review recommendations and raised concerns about the government's close relationship with lobbying firm Anacta.
“Openness, transparency and integrity are attributes that this Palaszczuk government simply does not understand.”— 2022-11-29View Hansard
Supported both bills but criticised the government for not fully implementing Coaldrake or Bridgman recommendations. Raised concerns about delays in right-to-information requests being used to hide information from the public.
“This Labor state government closed the book on integrity a long time ago, so much so that it has not implemented in full the recommendations made by the Bridgman or the Coaldrake reviews.”— 2022-11-29View Hansard
▸In Detail30 Nov 2022View Hansard
Amendment to clause 2 (Commencement) to insert reference to new part 3A relating to amendment of the Magistrates Act 1991.
Amendment to omit clause 15, removing a provision that would have allowed the Auditor-General to decline an audit request from the Legislative Assembly, in response to concerns raised by the committee chair.
Amendment to clause 19 to allow the Auditor-General to charge 'reasonable' audit fees independently, removing the parliamentary committee approval process and the reference to the government indexation rate, implementing the Coaldrake recommendation more fully.
Amendment to omit clause 20 entirely, which established the parliamentary committee approval process for Auditor-General fees. Complementary to her first amendment.
Insertion of new part 3A amending the Magistrates Act 1991 to validate the appointment of acting magistrates aged 70 or more who were purportedly appointed between 27 June 2019 and 1 July 2022, and to validate their exercise of jurisdiction.
Moved two amendments to allow the Auditor-General to independently set reasonable audit fees without the Treasurer's influence through a parliamentary committee, implementing the Coaldrake recommendation more fully. Both amendments were defeated.
“We believe that this is a backdoor way for the treasurer of the day to not take his or her fingers off the Auditor-General's independence and to retain an ability to set audit fees.”— 2022-11-30View Hansard
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Sectors Affected
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