PARLIAMENTARY CRIME AND CORRUPTION COMMITTEE ANNUAL REPORT 2015-16 REPORT NO. 98 November 2016 This report provides details of the Committee’s participating in the appointment of the CCC activities during 2015-16, in accordance with section Chairperson, Commissioners and the Chief 108 of the Parliament of Queensland Act 2001 Executive Officer; (POQA). The POQA requires the report to include: conducting five yearly reviews of the CCC; a list of meetings of the committee and the names periodically reviewing the structure of the CCC; of members attending or absent from each and meeting; issuing guidelines and giving directions to the CCC a summary of issues considered by the where appropriate. committee, including a description of the more significant issues arising from the considerations; It is through the Committee that the Commission is accountable to the Parliament and to the people of a statement of the committee’s revenue and Queensland. spending for the year; and a brief description of responses by Ministers to THE CRIME AND CORRUPTION COMMISSION recommendations of the committee. The Commission is created under the Crime and In this current report, as in previous annual reports, Corruption Act 2001. The key responsibilities of the the Committee commends the Crime and Corruption Commission under the Act are to: Commission (the CCC or Commission) on its co- operative and responsive approach in dealing with the combat and reduce the incidence of major crime Committee. (organised crime, criminal paedophilia and other serious crime); and THE COMMITTEE continuously improve the integrity of, and to reduce the incidence of corruption in, the public The Committee is established under section 291 of the sector. Crime and Corruption Act 2001 as the parliamentary The Commission also undertakes a number of other committee responsible for overseeing the operations functions in the areas of research and prevention, of the Commission. The Committee’s functions under intelligence, witness protection, and the civil the Act include: confiscation of proceeds of crime. monitoring and reviewing the performance of the The Commission has a range of coercive powers under CCC’s functions; the Crime and Corruption Act 2001, including to: reporting to the Legislative Assembly on matters conduct hearings at which persons can be relevant to the Commission or the performance of compelled to provide evidence; its functions or exercise of its powers where appropriate; compel persons to provide information; examining reports of the CCC; compel the production of records and things; enter and conduct searches of premises (including REPORTING TO THE LEGISLATIVE ASSEMBLY covert searches); Reports of the Parliamentary Commissioner seize evidence; The Committee considered various reports by the use surveillance devices; and Parliamentary Crime and Corruption Commissioner on investigations carried out by the Commissioner at the intercept telecommunications. request of the Committee. When appropriate, the MONITORING AND REVIEWING THE COMMISSION Committee may table such reports. While these reports may inform the Committee’s deliberations on The Committee actively monitors and reviews the matters, they may contain confidential material operations of the Commission by: inappropriate for tabling. holding regular Committee meetings; During the reporting period the Committee did not carefully examining the confidential and public table any reports on investigations carried out by the reports provided by the Commission every few Parliamentary Commissioner. months which provide detailed information about EXAMINING REPORTS OF THE COMMISSION the activities of the Commission during the relevant period; Section 69 of the Crime and Corruption Act 2001 allows the Committee to direct that certain reports of considering the confidential minutes of meetings the Commission be given to the Speaker and tabled in of the Commission and its executive; the Legislative Assembly. In providing such a direction, holding regular public and in camera meetings the Committee does not endorse or adopt the with the Commission and senior officers of the Commission’s report in any way. Commission during which Committee members During the reporting period, the Committee made one ask questions about the activities of the direction to the Commission to table a report.1 Commission; PARTICIPATING IN THE APPOINTMENT OF THE CHAIRPERSON, receiving and considering complaints against the COMMISSIONERS AND THE CHIEF EXECUTIVE OFFICER Commission and its officers; During the reporting period, the Committee reviewing Commission reports; participated in the appointment of the Chairperson, requesting reports from the Commission on Chief Executive Officer and Ordinary Commissioners. matters which arise via complaints, the media or On 21 July 2015, the Committee considered and other means; provided its bipartisan support for the nomination of conducting inquiries into specific or general Mr Alan MacSporran QC as Chairperson of the matters relating to the Commission; Commission. Mr MacSporran’s term commenced on 1 September 2015. conducting (either itself or through the Parliamentary Crime and Corruption At the time of the appointment of the Chief Executive Commissioner) audits of various registers and files Officer, the Committee had a power of veto over the kept by the Commission concerning the use of its appointment. On 4 December 2015, the Committee powers; considered the nomination of Mr Forbes Smith and did not oppose the nomination. Mr Smith’s term meeting regularly with the Parliamentary Crime commenced on 1 January 2016.2 and Corruption Commissioner to discuss the Commissioner’s activities; On 4 December 2015, the Committee also considered nominations for Ordinary Commissioners. The examining the appropriateness of the Committee provided its bipartisan support for the Commission’s performance measures; nomination of Mr Marshall Irwin QC. Mr Irwin’s term 3 examining the Commission’s performance against commenced on 1 March 2016. its performance measures; and reviewing the Commission’s implementation 1 Crime and Corruption Commission report: Transparency and of legislative amendments and of changes accountability in local government, tabled on 11 December recommended in reviews of the Commission. 2015. 2 Following amendments to the Crime and Corruption Act 2001, commencing on 5 May 2016, the appointment of the CEO now requires the bipartisan support of the Committee. 3 Mr Irwin was as an Acting Ordinary Commissioner from 1 December 2015 to 29 February 2016. 2 ISSUING GUIDELINES TO THE COMMISSION of complaints, even where specific allegations against the Commission are not substantiated, may assist the Under section 296 of the Crime and Corruption Act Committee to identify procedural or systemic 2001 the Committee may issue guidelines to the deficiencies that the Committee may recommend the Commission about the conduct and activities of the Commission address. Commission. The Committee did not issue any guidelines to the Complaints from members of the public Commission in the reporting period. Many of the complaints about the Commission or its REVIEW OF THE COMMISSION officers come to the Committee directly from members of the public. The Committee only accepts During the reporting period, the Committee finalised complaints in writing in order to efficiently identify the statutory review of the Commission. On 30 June and consider complaint matters, and to prevent 2016, the Committee tabled the report on the misunderstanding or misinterpretation of the relevant review.4 The Committee made 29 recommendations. facts or circumstances. On 30 September 2016, the Attorney-General and Minister for Justice and Minister for Training and Skills Other complaints about the Commission (Hon Yvette D’Ath MP) tabled an interim government Section 329 of the Crime and Corruption Act 2001 5 response to the report. The Attorney-General requires the Chairperson, Deputy Chairperson or Chief advised that ‘[g]iven the wide-ranging nature of the Executive Officer (notifiers) to advise the Committee recommendations and the need to undertake fulsome of all conduct the relevant notifier suspects involves, consultation across a range of bodies and agencies, or may involve, improper conduct by officers of the more time is required to develop an informed Commission. Knowledge of such conduct might come Government response.’ to the attention of the relevant notifier through an A final government response is due to be tabled by external complaint made to the Commission or 30 December 2016. through referral from officers within the Commission. COMPLAINTS ABOUT THE COMMISSION The Committee receives frank and prompt advice from the Commission about Commission officers’ Complaints about the Commission or its officers conduct which involves, or may involve, ‘improper usually come to the Committee in two ways – directly conduct’. from members of the public or from the Commission itself. COMPLAINTS CONSIDERED IN 2015-16 Considering complaints about the Commission and its During the reporting period, the Committee received officers assists the Committee in its oversight role by 27 complaints about the Commission or Commission providing a valuable insight into the Commission’s officers from the public which enlivened the operations and activities. Committee’s jurisdiction. The Committee finalised 11 complaints during the reporting period. The Committee does not have jurisdiction over any organisation other than