Crime and Corruption and Other Legislation Amendment Bill 2018 Report No. 4, 56th Parliament Legal Affairs and Community Safety Committee March 2018 Legal Affairs and Community Safety Committee Chair Mr Peter Russo MP, Member for Toohey Deputy Chair Mr James Lister MP, Member for Southern Downs Members Mr Stephen Andrew MP, Member for Mirani Mr Jim McDonald MP, Member for Lockyer Mrs Melissa McMahon MP, Member for Macalister Ms Corrine McMillan MP, Member for Mansfield Committee Secretariat Telephone +61 7 3553 6641 Fax +61 7 3553 6699 Email [email protected] Technical Scrutiny +61 7 3553 6601 Secretariat Committee Web Page www.parliament.qld.gov.au/lacsc Crime and Corruption and Other Legislation Amendment Bill 2018 Contents Abbreviations ii Chair’s foreword iii Recommendations iv 1 Introduction 1 1.1 Role of the committee 1 1.2 Inquiry process 1 1.3 Should the Bill be passed? 1 2 Examination of the Bill 2 Appendix A – Legal Affairs and Community Safety Committee, 55th Parliament, Report No. 54: Crime and Corruption and Other Legislation Amendment Bill 2017, May 2017 3 Legal Affairs and Community Safety Committee i Crime and Corruption and Other Legislation Amendment Bill 2018 Abbreviations 2017 Bill Crime and Corruption and Other Legislation Amendment Bill 2017 Bill Crime and Corruption and Other Legislation Amendment Bill 2018 committee Legal Affairs and Community Safety Committee DJAG Department of Justice and Attorney-General previous committee Legal Affairs and Community Safety Committee of the 55th Parliament ii Legal Affairs and Community Safety Committee Crime and Corruption and Other Legislation Amendment Bill 2018 Chair’s foreword This report presents a summary of the Legal Affairs and Community Safety Committee’s examination of the Crime and Corruption and Other Legislation Amendment Bill 2018. The committee’s task was to consider the policy to be achieved by the legislation and the application of fundamental legislative principles – that is, to consider whether the Bill has sufficient regard to the rights and liberties of individuals, and to the institution of Parliament. On behalf of the committee, I thank the previous Legal Affairs and Community Safety Committee for their work in relation to the Crime and Corruption and Other Legislation Amendment Bill 2017. I commend this report to the House. Peter Russo MP Chair Legal Affairs and Community Safety Committee iii Crime and Corruption and Other Legislation Amendment Bill 2018 Recommendations Recommendation 1 1 The committee recommends the Crime and Corruption and Other Legislation Amendment Bill 2018 be passed. iv Legal Affairs and Community Safety Committee Crime and Corruption and Other Legislation Amendment Bill 2018 1 Introduction 1.1 Role of the committee The Legal Affairs and Community Safety Committee (committee) is a portfolio committee of the Legislative Assembly which commenced on 15 February 2018 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly.1 Section 93(1) of the Parliament of Queensland Act 2001 provides that a portfolio committee is responsible for examining each bill and item of subordinate legislation in its portfolio areas to consider: • the policy to be given effect by the legislation • the application of fundamental legislative principles • for subordinate legislation – its lawfulness. The Crime and Corruption and Other Legislation Amendment Bill 2018 (Bill) was introduced into the Legislative Assembly and referred to the committee on 15 February 2018. The committee is to report to the Legislative Assembly by 15 March 2018. 1.2 Inquiry process In her Introductory speech, the Attorney-General and Minister for Justice, Hon Yvette D’Ath MP, advised that the Bill ‘replicates the content of the lapsed Crime and Corruption and Other Legislation Amendment Bill 2017.’2 The Legal Affairs and Community Safety Committee of the 55th Parliament (previous committee) reported on the 2017 Bill in its report No. 54: Crime and Corruption and Other Legislation Amendment Bill 2017. As the Bill is the same as the 2017 Bill, and the previous committee’s report was published recently (May 2017), the committee resolved to base its inquiry into the Bill on the evidence gathered by the previous committee and not to seek further evidence by way of submissions or hearings. The submissions, correspondence from the Department of Justice and Attorney-General (DJAG) and other parties, and transcripts of the briefing and hearing on the 2017 Bill are available on the committee’s webpage. The previous committee’s report is appended to this report – see Appendix A. 1.3 Should the Bill be passed? Standing Order 132(1) requires the committee to determine whether or not to recommend that the Bill be passed. Recommendation 1 The committee recommends the Crime and Corruption and Other Legislation Amendment Bill 2018 be passed. 1 Parliament of Queensland Act 2001, s 88 and Standing Order 194. 2 Hon Yvette D’Ath, Attorney-General and Minister for Justice, Queensland Parliament, Record of Proceedings, 15 February 2018, p 90. Legal Affairs and Community Safety Committee 1 Crime and Corruption and Other Legislation Amendment Bill 2018 2 Examination of the Bill The committee refers to the previous committee’s report for a discussion of: • the policy objectives of the Bill • background to the Bill • consultation on the Bill • examination of the Bill • review of the definition of corrupt conduct • review of the Commission – PCCC report recommendations • complaint by Mr Darren Hall – PCCC report recommendations • compliance with the Legislative Standards Act 1992. Committee comment The committee acknowledges the work of the previous committee in the conduct of its inquiry into the 2017 Bill, and notes the previous committee’s only recommendation that the 2017 Bill be passed. The committee supports the proposed changes to the definition of ‘corrupt conduct’. We note the differing views of stakeholders regarding the amendment but we are satisfied with DJAG’s responses to concerns raised by stakeholders. The committee also supports the expansion of the Crime and Corruption Commission’s investigatory jurisdiction. We consider that the amendment would assist in reducing the incidence of corrupt conduct in the public sector. The committee notes that the Bill proposes to give effect to a number of recommendations made by the Parliamentary Crime and Corruption Committee in its Reports Nos. 97 and 99. We consider that the proposed amendments will enhance the affected legislation. 2 Legal Affairs and Community Safety Committee Appendix A – Legal Affairs and Community Safety Committee, 55th Parliament, Report No. 54: Crime and Corruption and Other Legislation Amendment Bill 2017, May 2017 Crime and Corruption and Other Legislation Amendment Bill 2018 Legal Affairs and Community Safety Committee 3 .