Review of the Crime and Corruption Commission Report No. 97, 55th Parliament Parliamentary Crime and Corruption Committee June 2016 Parliamentary Crime and Corruption Committee Chair Mr Lawrence Springborg MP Member for Southern Downs Deputy Chair Mr Duncan Pegg MP Member for Stretton Members Ms Nikki Boyd MP Member for Pine Rivers Mrs Julieanne Gilbert MP Member for Mackay Mrs Brittany Lauga MP Member for Keppel Mr Steve Minnikin MP Member for Chatsworth Mr Ian Rickuss MP Member for Lockyer Other Members of the Committee during the review: Mr Don Brown MP Member for Capalaba Mr Dale Last MP Member for Burdekin Ms Ann Leahy MP Member for Warrego Ms Joan Pease MP Member for Lytton Mr Peter Russo MP Member for Sunnybank Mr Mark Ryan MP Member for Morayfield Mr Jeff Seeney MP Member for Callide Mr Trevor Watts MP Member for Toowoomba North Staff Ms Jo Mathers Acting Research Director Mr Stephen Hubicki Principal Research Officer Ms Amanda Parker Executive Assistant Contact details Parliamentary Crime and Corruption Committee Parliament House George Street Brisbane Qld 4000 Telephone +61 7 3553 6606 Fax +61 7 3553 6609 Email [email protected] Web www.parliament.qld.gov.au/pccc Subscribe www.parliament.qld.gov.au/subscribe Review of the Crime and Corruption Commission Table of Contents Abbreviations and glossary v Chair’s Foreword vi Recommendations vii 1. Introduction 11 1.1 Background 11 1.2 The review process 11 1.3 Other inquiries and reviews 12 2. Overview of the Crime and Corruption Commission 14 2.1 Introduction 14 2.2 Overview of the Commission’s functions 14 2.3 Commission structure 14 3. Corporate governance 15 3.1 Roles of the Commission, Chairperson and Chief Executive Officer 15 3.2 2014 amendments 15 3.3 Submissions to this review 17 3.4 Recent developments 19 3.5 Comment 21 4. Major Crime Function 22 4.1 Jurisdiction – Major Crime 22 4.2 Performing the crime function 22 4.3 Referrals from the Crime Reference Committee (CRC) 22 4.3.1 Submissions to this review 23 4.3.2 Background to current referral process 25 4.3.3 Comment 26 4.4 Chair of Crime Reference Committee 26 4.4.1 Comment 26 4.5 Criminal paedophilia 27 4.5.1 Reviewing child exploitation material 27 4.5.2 Recent developments 27 4.5.3 Comment 27 5. Investigative powers and hearings 28 5.1 Specific intelligence operations 28 5.1.1 Recent developments 29 5.1.2 Comment 30 5.2 Contempt provisions 30 5.2.1 Submissions to this review 30 5.2.2 Recent developments 31 5.2.3 Comment 32 5.3 Impact of High Court decisions 32 i Review of the Crime and Corruption Commission 5.3.1 Legislative clarification for questions posed in Lee v R 32 5.3.2 Recent developments 33 5.3.3 Comment 33 5.3.4 Referral of briefs to the Office of the Director of Public Prosecutions 33 5.3.5 Comment 34 5.4 Review of Chapters 3 and 4 of the CC Act 34 5.4.1 Comment 35 5.5 Privilege against self-incrimination in disciplinary proceedings 35 5.6 Consistency of investigative powers under the CC Act and the PPRA 36 5.6.1 Recent developments 37 5.6.2 Comment 38 5.7 Parliamentary privilege 38 5.7.1 Comment 39 6. Corruption Function 40 6.1 Introduction 40 6.2 Performing the Corruption Function 41 6.2.1 Serious and systemic corrupt conduct 42 6.3 Recent developments in the principles of dealing with corruption 43 6.3.1 Changes to the Commission’s jurisdiction 43 6.4 The Commission’s jurisdiction 45 6.4.1 Focus on serious and systemic conduct 47 6.4.2 Submissions to this Review 47 6.4.3 Comment 50 6.5 The devolution principle 51 6.5.1 History and evolution of devolution 51 6.5.2 Submissions to this Review 57 6.5.3 Comment 61 6.5.3.1 The application of the devolution principle to local governments 62 6.5.4 The notification threshold 64 6.5.4.1 Comment 68 6.5.5 Conflicting notification obligations for CEOs of government-owned corporations 69 6.5.5.1 Comment 71 6.6 Monitoring 71 6.6.1 Comment 73 6.6.2 Reviewing police disciplinary decisions 73 6.6.2.1 Comment 76 6.6.3 The use of suspended sanctions 77 6.6.3.1 Comment 79 6.6.4 Timeframe for reviewing decisions in QCAT 79 6.6.4.1 Comment 80 6.7 Corruption prevention 80 6.7.1 Comment 80 ii Review of the Crime and Corruption Commission 6.7.2 Sharing of information 81 6.7.2.1 Comment 82 6.7.3 Use of information by public officials for purposes consistent with the Act 82 6.7.3.1 Comment 83 6.8 Confidentiality of complaints 83 6.8.1 Treatment in other jurisdictions 87 6.8.2 Submissions to this review 88 6.8.3 Recent developments 89 6.8.4 Comment 90 6.9 Post-separation disciplinary proceedings 90 6.9.1 Comment 91 6.9.2 Post-separation disciplinary proceedings against former Commission officers 91 6.9.2.1 Comment 92 6.9.3 Disciplinary history of current and former Commission officers 92 6.9.3.1 Comment 93 7. Confiscation Function 94 7.1 Resourcing 94 7.1.1 Recent developments 94 7.1.2 Comment 94 7.2 Single confiscation agency 94 7.2.1 Recent developments 95 7.2.2 Comment 95 7.3 Money laundering 95 7.3.1 Recent developments 96 7.3.2 Comment 97 8. Protections for Commission Officers 98 8.1 Enabling Commission officers to report corrupt conduct with protection from reprisal 98 8.1.1 Comment 98 8.2 Civil liability of Commission officers 99 8.2.1 Comment 99 9. External accountability of the Crime and Corruption Commission 100 9.1 Parliamentary Crime and Corruption Committee 100 9.1.1 Role and functions of the Committee 100 9.1.2 Monitoring and reviewing the performance of the functions of the Commission 101 9.1.3 Public meetings of the Committee 101 9.1.3.1 Comment 103 9.1.4 Participating in the appointment of Commissioners and the CEO of the Commission 104 9.1.4.1 Comment 105 9.1.5 Complaints against the Commission and its officers 105 9.1.6 Complaints from parties external to the Commission 105 iii Review of the Crime and Corruption Commission 9.1.6.1 Comment 106 9.1.7 Complaints from the Commission under section 329 107 9.1.7.1 Comment 108 9.1.8 Use of Committee or Parliamentary Commissioner reports in disciplinary proceedings 108 9.1.8.1 Comment 109 9.2 Office of the Parliamentary Crime and Corruption Commissioner 109 9.2.1 Functions of the Parliamentary Crime and Corruption Commissioner 109 9.2.2 2014 amendments 110 9.2.3 Comment 110 9.2.4 Proposed amendment to the Telecommunications Interception Act 2009 110 9.2.5 Comment 111 9.3 Oversight by the Public Interest Monitor 111 9.4 Performance accountability to the Minister 112 9.5 Scrutiny by relevant portfolio committee 112 9.5.1 Comment 112 Appendix 1 – List of submissions 113 Appendix 2 - Witnesses at the public hearings and meetings 115 Appendix 3 – Previous review reports by predecessor committees 117 Appendix 4 – Organisational chart of the Commission 118 iv Review of the Crime and Corruption Commission Abbreviations and glossary Callinan and Aroney review Review of the Crime and Misconduct Act and related matters by the Independent Advisory Panel (Hon Ian Callinan AC and Professor Nicholas Aroney) CC Act Crime and Corruption Act 2001 CCC or Commission Crime and Corruption Commission CJ Act Criminal Justice Act 1989 CJC Criminal Justice Commission CM Act Crime and Misconduct Act 2001 CMC Crime and Misconduct Commission CO Act Criminal Organisation Act 2009 COI Queensland Organised Crime Commission of Inquiry CPCA Criminal Proceeds Confiscation Act 2002 CRC Crime Reference Committee ESC Ethical Standards Command of the Queensland Police Service Fitzgerald Report The Report on the Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct, Report of a Commission of Inquiry Pursuant to Orders in Council, (Commissioner G E Fitzgerald QC), 1989 ICAC Independent Commission Against Corruption ODPP Office of the Director of Public Prosecutions Parliamentary Commissioner Parliamentary Crime and Corruption Commissioner PCCC or Committee Parliamentary Crime and Corruption Committee PCJC Parliamentary Criminal Justice Committee PCMC Parliamentary Crime and Misconduct Committee PIM Public Interest Monitor PPRA Police Powers and Responsibilities Act 2000 QCAT Queensland Civil and Administration Tribunal QCC Queensland Crime Commission QPS Queensland Police Service Taskforce Taskforce on Organised Crime Legislation UPA Unit of public administration v Review of the Crime and Corruption Commission Chair’s Foreword On behalf of the Parliamentary Crime and Corruption Committee, I am pleased to present this report on the Review of the Crime and Corruption Commission. The review has been carried out as required under section 292(f) of the Crime and Corruption Act 2001. Past reviews have been conducted three yearly or once each parliamentary term. This review is the first of what will in future be five yearly reviews. This report follows an extensive review process which began in June 2015. The Committee received submissions from a range of stakeholders and the majority of those submissions have been published on the Committee’s webpage. The Committee has had regard to all submissions received, regardless of whether they were appropriate for publication.