Corruption and Integrity Update – August 2024

In this edition of the Queensland Corruption and Integrity Update we consider various updates from the CCC, and recent parliamentary updates relating to the Office of the Independent Assessor.

CCC updates

CCC provides updated Strategic Plan for 2023-2027

On 1 July 2024, the CCC released its updated Strategic Plan for 2023 to 2027. The Strategic Plan sets out the objectives, strategic risks, and various trends impacting the work of the CCC. The four key objectives identified are:

• to deliver efficient and effective outcomes in order to reduce major crime and corruption, and result in improved integrity in the Queensland public sector;
• to develop the capability and ensure safety and wellbeing of team members by ensuring access to high-quality information and appropriate systems;
• to be accessible to community in a way that exhibits accountability and promotes continued collaboration and confidence in the functions of the CCC; and
• to facilitate continuous improvement by anticipating and responding to a challenging operating environment.

The strategic risks that have been identified by the CCC for the next three years include increased use of technology and cybersecurity risks, new forms of digital technology that may influence intelligence, talent shortages and the changing nature of the workforce, regulation, changes within the CCC, public confidence in the CCC, and economic instability.

Finally, the CCC set out the following performance metrics for 2024-25:

• percentage of targeted criminal organisation participants subject to an intelligence outcome as a result of CCC intelligence operations;
• percentage of hearings adding value to referred crime investigations;
• percentage of corruption investigations that result in significant outcomes;
• corruption investigation clearance rate, and those that are finalised and commenced;
• the average number of days to finalise referred crime investigations;
• the average cost per witness appearance in referred crime investigations; and
• the average cost per assessment of corrupt conduct or police misconduct complaints.

CCC updates Corruption Allegations Data Dashboard (CADD)

In June 2024, the CCC’s CADD was updated to incorporate data up to 31 December 2023. The CADD, which allows users to access and understand data relating to allegations of corruption in Queensland.

Since our last update in February 2024, the CADD indicates 3,704 allegations of corruption were made in 2023. The vast majority of corruption allegations (2,134) related to the conduct of the Queensland Police Service, consisting primarily of failure of duty, unprofessional personal conduct, and misuse of power. This was closely followed by other public service departments, with a combined total number of corruption allegations of 1,194 (relating primarily to Queensland Health, Queensland Corrective Services, the Education Department, and Child Safety, Seniors, and Disability Services). 171 allegations of corrupt conduct were received relating to local government.

The data reported by the CCC indicates no significant changes to the trends previously identified by the CCC, with frontline agencies continuing to receive the majority of complaints, and misuse of information and authority continuing to be key areas of concern for those reporting potential corruption.

CCC releases quarterly report on implementation and delivery of COI recommendations

On 7 June 2024, the CCC released its seventh quarterly report on the ‘Implementation and delivery of COI recommendations.’ The Gadens Corruption and Integrity Update has previously covered the previous updates provided by the CCC. At this time, Recommendation 29 remains the only recommendation that has not yet been commenced, with the majority of the recommendations in progress.

The following recommendations remain in progress:

• Recommendations one and two, relating to the use of seconded police and their powers;
• Recommendation three, four, five, nine, and ten, with specific commentary that the CCC is in the process of reviewing police secondments, and that internal consultation relating to a developed project plan has been developed to coordinate the delivery of recommendations relating to seconded police placements;
• Recommendation six, with the CCC noting that a significant amount of work has been undertaken to ensure that the CCC’s organisational culture supports the delivery of the recommendations, including the 2023-2027 Corruption Strategy;
• Recommendation seven, with the CCC noting that work is being undertaken to identify the appropriate composition of seconded police officers and civilians in corruption investigation, with preliminary work indicating that seconded police officers should comprise 30-40% of corruption investigators;
• Recommendation 11, with the CCC noting that a number of enhancements to onboarding practices have been implemented;
• Recommendation 13, with the CCC noting that a Corruption Investigator Capability Framework has been prepared, as well as a number of supporting materials such as assessment processes, evaluation processes, and cross-jurisdictional capability that allows for information sharing, training packages, and other learning opportunities with other jurisdictions;
• Recommendation 16, with the CCC noting that a Corruption Prevention and Engagement unit has been established to implement a corruption prevention and policy focus for the CCC;
• Recommendation 21, with the CCC noting that it continues to review operational policies and procedures;
• Recommendation 24, with the CCC noting that it has developed a draft post-prosecution review process, and supporting policies and procedures, with the process to be implemented in a suitable corruption matter;
• Recommendations 25, 26, and 27, with the CCC noting that consultation has been undertaken with stakeholders, with the relevant amending legislation (the Crime and Corruption and Other Legislation Amendment Bill 2024) currently before parliament; and
• Recommendations 31 and 32, with the CCC noting that reports are being provided to the relevant parties.

CCC releases resources for local government councillors

On 16 August 2024, the CCC released a series of resources to assist councillors to understand and comply with the obligations associated with their roles. These resources include materials to assist councillors to understand corrupt conduct, the obligation to act in the public interest, local government corruption risks, and materials to assist councillors in maintaining integrity.

Parliamentary Updates

Public report tabled by committee with oversight of the Independent Assessor

In June 2024, the Report in the Examination of the Office of the Independent Assessor 2024 was published by the Housing, Big Build and Manufacturing Committee.

This report set out the work that has been undertaken by the Office of the Independent Assessor (OIA), specifically to comply with the 40 recommendations made by the State Development and Regional Industries Committee in late 2022 to improve the efficiency of the councillor conduct complaints system (the SDRIC Report).

The Report specifically highlighted the implementation of the Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023 (the Act), which commenced in late November 2023, and the various ways in which the reform has led to various improvements in the efficiency of the CCT process more generally.

The OIA reported that, since the implementation of the Act, it undertook a reassessment process for all matters in the investigation or natural justice phases, and those that had been referred to the CCT but remained undetermined. This resulted in:

• 18 investigations being dismissed;
• 15 matters in the natural justice phase being dismissed; and
• 26 matters awaiting CCT determination being withdrawn.

The report also noted that the OIA is continuing to implement recommendations that formed part of the SDIRC Report, with nine recommendations remaining in progress.

Finally, the report provided an update on complaints received, or initiated by, the OIA in the previous financial year. In 2022-23, the OIA received 897 complaints, or notifications containing 958 allegations, representing a 2% increase in the previous financial year, but generally in keeping with the number of complaints received by the OIA from year-to-year. Of note:

• 18 councillors self-referred their conduct (representing a 44% decrease from the previous financial year);
• 53% of complaints were from the local government sector;
• 49% of allegations related to alleged misconduct (an increase from 45% the previous financial year);
• 41% of complaints related to alleged inappropriate conduct, with 37% relating to alleged breaches of the mandatory Code of Conduct for Councillors in Queensland;
• 130 complaints were anonymous (representing 14% of all complaints received); and
• 24 complaints were referred to the CCC by the OIA.

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Authored by:

Daniel Maroske, Partner
Anna Fanelli, Senior Associate
Isabella Parsons, Graduate