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 the Commission and In considering complaints, the Committee takes into therefore cannot consider original allegations of account material and submissions provided by the corruption, or police misconduct itself. Further, the complainant, any reports and other material provided Committee is not able to substitute its own decision by the Commission and, if the Committee referred the for that of the Commission in a particular matter. matter to the Parliamentary Commissioner, any The Committee examines complaints to assess reports from the Parliamentary Commissioner. whether the Commission or any of its officers has Issues that the Committee considers in determining acted inappropriately and will, where appropriate, whether or not the Commission has acted make recommendations to the Commission. Analysis inappropriately include (but are not limited to):
timeliness in the handling of complaints and 4 Parliamentary Crime and Corruption Committee: Report No. 97 investigations; – Review of the Crime and Corruption Commission, available at: http://www.parliament.qld.gov.au/documents/tableOffice/ whether the Commission made appropriate TabledPapers/2016/5516T1027.pdf inquiries before determining not to pursue a 5 Parliamentary Crime and Corruption Committee: Report No. 97 matter; – Review of the Crime and Corruption Commission, interim government response, available at: whether the Commission considered all relevant http://www.parliament.qld.gov.au/documents/tableOffice/ facts and material; TabledPapers/2016/5516T1651.pdf
3 whether a determination by the Commission to Legislative Assembly with the bipartisan support of refer a matter back to the relevant public sector the Committee. agency to deal with was appropriate; Mr Paul Favell’s term as the Parliamentary whether the Commission acted without bias in Commissioner concluded on 21 August 2016. making its determinations; Prior to the conclusion of Mr Favell’s term, the Committee received applications and interviewed whether the Commission was responsive and shortlisted candidates for the position. On 13 June timely in its communications with complainants 2016, the Committee provided its bipartisan support and with subject officers; for the nomination of Ms Karen Carmody as whether the Commission’s conclusions and Parliamentary Commissioner. The Speaker appointed determinations are appropriate; and Ms Carmody for a period of three years, commencing on 22 August 2016. whether the Commission acted within its legislative powers. Role and functions of the Parliamentary Commissioner NOTIFICATIONS FROM THE COMMISSION IN 2015-16 Under section 314 of the Crime and Corruption Act During the reporting period, the Committee received 2001, the Committee may require the Parliamentary 28 notifications of suspected improper conduct by Commissioner to: Commission officers from the Commission under section 329 of the Crime and Corruption Act 2001. audit records and operational files of the Commission; The Committee finalised 20 matters which arose from section 329 notifications during the reporting period. investigate complaints against the Commission and its officers; While the Chief Executive Officer (CEO) of the CCC is the final decision maker in relation to any disciplinary investigate allegations of a possible unauthorised action taken against Commission employees, the disclosure of confidential information; Committee monitored the processes undertaken by verify the Commission’s reasons for withholding the Commission including the CEO’s intended actions information from the Committee; relating to the relevant Commission officers. verify the accuracy and completeness of In considering these matters, the Committee often Commission reports to the Committee; and seeks further information and reports provided by the Commission and, if the Committee referred the perform other functions that the Committee matter to the Parliamentary Commissioner, any considers necessary or desirable. reports from the Parliamentary Commissioner. The Parliamentary Commissioner may investigate a MECHANISMS AVAILABLE TO THE COMMITTEE matter on their own initiative if certain criteria are met.
Under the Crime and Corruption Act 2001 and the The Parliamentary Commissioner may conduct Parliament of Queensland Act 2001, the Committee hearings in certain circumstances, but must notify the has a range of powers that enable it to carry out its Committee of the decision. functions, including to: call for persons, documents or The Parliamentary Commissioner also conducts other things; administer oaths to witnesses; and annual reviews of the intelligence data held by the examine witnesses on oath. Commission and the Queensland Police Service. PARLIAMENTARY CRIME AND CORRUPTION COMMISSIONER The Parliamentary Commissioner has a number of The Committee is assisted in its role of monitoring and other statutory roles under the Police Powers and reviewing the Commission by the Parliamentary Crime Responsibilities Act 2001. These include: and Corruption Commissioner (the Parliamentary inspecting the records of the Commission to Commissioner). The Parliamentary Commissioner decide the extent of the Commission's compliance undertakes a range of functions on behalf of the with the legislative requirements relating to Committee. surveillance device warrants, retrieval warrants The Parliamentary Commissioner is an experienced and emergency authorisations; lawyer, appointed on a part-time basis, for a period reporting in writing to the Committee at six between two and five years, by the Speaker of the monthly intervals on the results of such inspections;
4 inspecting the records of the Commission at least officers of the Commission on a regular basis, around once every 12 months to determine the extent of four times per calendar year. the Commission's compliance with the legislative The Committee holds public and in camera meetings requirements relating to controlled operations; with the Commission to provide open and transparent as soon as practicable after 30 June each year, oversight of the Commission coupled with the ability preparing a report of the activities of the to receive candid advice on more sensitive matters. Commission relating to controlled operations for The Committee has found these meetings valuable for the preceding 12 months and providing a copy of open communication between it and the Commission. the report to the Commission Chairperson and To assist with the meeting process the Commission the Chair of the Committee; and provides confidential briefing papers and public auditing the Commission's records relating to reports on its activities since the previous joint assumed identities at least once every six months. meeting and minutes of internal Commission meetings. The Committee asks questions in relation to The Parliamentary Commissioner also has statutory matters contained in these documents or any other duties under the Telecommunications Interception Act matter that has come to its attention. 2009 which include: In March and June 2016, members attended the CCC regularly carrying out inspections of the records offices for site visits and presentations by the of the Commission to determine the extent of the Commission. On 11 March 2016, the Committee met Commission's compliance with the legislative informally to discuss its role and functions. requirements relating to telecommunications interception; and The Committee also meets regularly with the Parliamentary Commissioner who provides reports to providing reports on inspections to the the Committee on the status of matters referred to responsible Minister and the Committee. the Commissioner and administrative issues concerning the day-to-day running of the Office of the Assistance provided by the Parliamentary Parliamentary Commissioner. Commissioner in this reporting period During the reporting period, the Committee formally As noted above, the Committee receives regular met on 32 occasions, including: reports from the Commission to assist the Committee identify issues for examination. public and private meetings of the Committee; The Parliamentary Commissioner is also provided with public and private meetings with the Commission; a copy of the Commission’s confidential reports in public and private meetings with the order to assist the Committee to identify issues for Parliamentary Commissioner; and examination. public hearings on the Review of the CCC.6 During the reporting period, the Committee referred three matters to the Parliamentary Commissioner for A table at the end of this report shows the attendance review. The Parliamentary Commissioner reported to of members at formal committee meetings and the Committee on two of those matters in the hearings during the reporting period. reporting period. CONFERENCES AND MEETINGS WITH OTHER The Parliamentary Commissioner also provided the AGENCIES Committee with advice relating to the performance by the Commission of its functions under the Crime and Corruption Act 2001. The Chair of the Committee In November 2015, members attended the Australian tabled reports of the Parliamentary Commissioner as Public Sector Anti-Corruption Conference (APSACC) in required. Brisbane. These activities are in addition to the statutory COMMITTEE EXPENDITURE reporting responsibilities of the Parliamentary Commissioner outlined above. The Committee had no revenue during 2015-16. The Committee is funded from the appropriation made to MEETINGS the Legislative Assembly.
In addition to Committee meetings (held at least once every Parliamentary sitting week), the Committee 6 Transcripts of the Committee’s public meetings and hearings are holds meetings with the Commissioners and senior available on the webpage at: www.parliament.qld.gov.au/ PCCC
5 The expenditure of the Committee from 1 July 2015 to 30 June 2016 is shown in the table below.
Staff salaries and related expenses7 304,362 Business travel and conference fees 8,225
Telecommunication costs 3,095 Advertising 4,212 Contractors 4,398
Meeting expenses, stationery, 6,009
consumables and freight
EXPENDITURE TOTAL $330,301
I thank the current and former Committee members for their diligent work over the last year and I commend the Committee’s report to the House.
Lawrence Springborg MP Chair
November 2016
COMMITTEE MEMBERSHIP STAFF Current Members Chair Mr Lawrence Springborg MP, Member for Research Director Josephine Mathers Southern Downs Principal Research Kym Christensen Deputy Mr Duncan Pegg MP, Member for Stretton Officers (to 18 Aug 2015) Chair Peter Rogers Members Ms Nikki Boyd MP, Member for Pine Rivers (from 19 Aug 2015 to 22 Jan Mrs Julieanne Gilbert MP, Member for Mackay 2016) Mrs Brittany Lauga MP, Member for Keppel Mr Steve Minnikin MP, Member for Chatsworth Stephen Hubicki (from 10 Feb Mr Ian Rickuss MP, Member for Lockyer 2016 to 30 June 2016)
Other Members during the financial year Ciara Furlong (from 29 August 2016) Mr Don Brown MP, Member for Capalaba
Mr Dale Last MP, Member for Burdekin Ms Ann Leahy MP, Member for Warrego Executive Assistant Amanda Parker
Ms Joan Pease MP, Member for Lytton Mr Peter Russo MP, Member for Sunnybank Mr Mark Ryan MP, Member for Morayfield CONTACTING THE COMMITTEE Mr Jeff Seeney MP, Member for Callide Address: Parliamentary Crime and Corruption Mr Trevor Watts MP, Member for Toowoomba Committee North Parliament House George Street Brisbane QLD 4000 Telephone: 07 3553 6606 7 These figures reflect a three person secretariat supporting the committee. The committee’s staffing might have been Email: [email protected] supplemented with additional resources from general Committee Office staff during the year. Web: www.parliament.qld.gov.au/pccc
6 2015-16 Meeting Attendance Record
DATE PURPOSE Peter Russo Trevor Don Brown Ann Leahy Joan Pease Mark Ryan Jeff Seeney Watts
13/7/2015 PCCC
15/7/2015 PCCC
21/7/2015 PCCC/AG Xa
14/8/2015 PCCC
17/8/2015 PCCC
14/9/2015 PCCC/Cmr
1/10/2015 PCCC X
12/10/2015 PCCC/CCC/Review X
26/10/2015 PCCC/Review
28/10/2015 PCCC X
9/11/2015 PCCC/Cmr/Review Xb
11/11/2015 PCCC X X X
12/11/2015 PCCC/AG 12/11/2015 PCCC Xc X (1.00pm)
20/11/2015 PCCC X X X
25/11/2015 PCCC X X
30/11/2015 PCCC/CCC/Review d Xe
4/12/2015 PCCC Xf
g 18/12/2015 PCCC X X
15/2/2016 PCCC Xh
DATE PURPOSE Trevor Watts Nikki Boyd Julieanne Dale Last Steve Duncan Pegg Brittany Lauga Gilbert Minnikin
22/2/2016 PCCC/Cmr Xi
24/2/2016 PCCC Xj
14/3/2016 PCCC/CCC
18/3/2016 PCCC Xk
31/3/2016 PCCC X
18/4/2016 PCCC
9/5/2016 PCCC/Cmr X
a Mr Robert Katter MP was appointed as a temporary member in place of Ms Pease in accordance with Standing Order 202 b Mr Ray Stevens MP was appointed as a temporary member in place of Mr Watts in accordance with Standing Order 202 c Mr Mark Furner MP was appointed as a temporary member in place of Mr Ryan in accordance with Standing Order 202 d Mr Mark Furner MP was appointed as a temporary member for a matter in place of Mr Russo in accordance with Standing Order 202 e Mr Steve Minnikin MP was appointed as a temporary member in place of Mr Seeney in accordance with Standing Order 202 f Mr Steve Minnikin MP was appointed as a temporary member in place of Mr Seeney in accordance with Standing Order 202 g Mr Duncan Pegg MP was appointed as a temporary member in place of Mr Ryan in accordance with Standing Order 202 h Mr Duncan Pegg MP was appointed as a temporary member in place of Mr Ryan in accordance with Standing Order 202 i Mr Chris Whiting MP was appointed as a temporary member in place of Mrs Lauga in accordance with Standing Order 202 j Mr Chris Whiting MP was appointed as a temporary member in place of Mrs Lauga in accordance with Standing Order 202 k Ms Di Farmer MP was appointed as a temporary member in place of Mrs Gilbert in accordance with Standing Order 202
7
2015-16 Meeting Attendance Record
DATE PURPOSE Lawrence Nikki Boyd Julieanne Ian Steve Duncan Pegg Brittany Lauga Springborg Gilbert Rickuss Minnikin 23/5/2016 PCCC/CCC
7/6/2016 PCCC
13/6/2016 PCCC/Review Xl
24/6/2016 PCCC
28/6/2016 PCCC
l Mr Peter Russo MP was appointed as a temporary member in place of Ms Boyd in accordance with Standing Order 202 8