Independent Review into the Crime and Corruption Commission’s reporting on the performance of its corruption functions: report
By The State of Queensland (Office of the Information Commissioner) 2024The Honourable Catherine Holmes AC SC
This review was established as a result of the Queensland Government’s recognition that, because of the High Court’s decision in Crime and Corruption Commission v Carne, legislation would be needed to give the Queensland Crime and Corruption Commission public reporting and statement powers in relation to corruption investigations, and that before legislating, the many different and sometimes competing public interest and human rights factors involved required careful consideration. The expanded terms of reference also incorporated the Commission’s prevention function so far as it concerns corruption.
This report makes recommendations for legislative change. The compatibility of each proposed change with human rights under the Human Rights Act 2019 has been considered, in each instance with a positive conclusion. The recommendations fall into five groups, prefaced by an initial recommendation which articulates this proposition: that public reports and public statements should only ever be made in the public interest, in considering which a number of specified factors should be taken into account.
Key recommendations:
The Commission should be able to report on corruption allegations about elected officials even if the person is not found guilty. Reports must not include critical commentary or opinions or recommendations based on their conduct.
The Commission should be able to report on investigations that reveal systemic corruption. A person cannot be named in the report unless reasonably necessary, unless they have been named in a public hearing or unless they could be named in a serious corrupt conduct report.
State of Queensland, 2024. 462o.By The State of Queensland (Office of the Information Commissioner) 2024The Honourable Catherine Holmes AC SC
This review was established as a result of the Queensland Government’s recognition that, because of the High Court’s decision in Crime and Corruption Commission v Carne, legislation would be needed to give the Queensland Crime and Corruption Commission public reporting and statement powers in relation to corruption investigations, and that before legislating, the many different and sometimes competing public interest and human rights factors involved required careful consideration. The expanded terms of reference also incorporated the Commission’s prevention function so far as it concerns corruption.
This report makes recommendations for legislative change. The compatibility of each proposed change with human rights under the Human Rights Act 2019 has been considered, in each instance with a positive conclusion. The recommendations fall into five groups, prefaced by an initial recommendation which articulates this proposition: that public reports and public statements should only ever be made in the public interest, in considering which a number of specified factors should be taken into account.
Key recommendations:
The Commission should be able to report on corruption allegations about elected officials even if the person is not found guilty. Reports must not include critical commentary or opinions or recommendations based on their conduct.
The Commission should be able to report on investigations that reveal systemic corruption. A person cannot be named in the report unless reasonably necessary, unless they have been named in a public hearing or unless they could be named in a serious corrupt conduct report.
State of Queensland, 2024. 462o.