Corruption and Integrity Update – September 2024

In this edition of the Queensland Corruption and Integrity Update we consider various updates related to each of the Crime and Corruption Commission (CCC), Councillor Conduct Tribunal (CCT), Office of the Independent Assessor (OIA), Office of the Information Commissioner (OIC), as well as considering integrity issues ahead of the upcoming Queensland State election.

CCC Annual Report

On 20 September 2024, the CCC released its Annual Report (Report) for the 2023-24 financial year. The Report details the CCC’s activities, achievements and performance during 2023-24. During this period, the CCC:

• finalised 24 crime investigations;
• obtained 19 recovery orders over assets, which saw $10,514,000 forfeited to the State;
• received 5,025 and assessed 5,139 complaints of suspected corruption;
• finalised 46 corruption investigations; and
• made 47 prevention recommendations stemming from corruption investigations.

Crime and Corruption (Reporting) Amendment Bill 2024

The Crime and Corruption (Reporting) Amendment Bill 2024 (Qld) (Bill) was introduced to the Queensland Parliament on 10 September 2024. The purpose of the Bill is to amend the Crime and Corruption Act 2001 (Qld) (CC Act) and provide the CCC with new powers. These powers include the ability for the CCC to prepare, table and publish reports and make public statements concerning corruption matters.

The new reporting powers of the CCC are responsive to the High Court of Australia’s decision in Crime and Corruption Commission v Carne [2023] HCA 28 and the Honourable Catherine Holmes AC SC’s report (Report), which were covered in our May 2024 edition of the Corruption and Integrity Update.

To achieve its objective of improving the CCC’s corruption functions, the Bill introduces a variety of amendments to the CC Act in accordance with recommendations made in the Report. Key amendments include:

• introducing a new public interest test which informs the exercise of the CCC’s new reporting and making of public statements powers;
• authorising the CCC to prepare reports on public hearings relating to the performance of its functions and completed corruption investigations;
• authorising the CCC to prepare corruption prevention reports; and
• authorising the CCC to make public statements in relation to corruption complaints or investigations.

CCT matters

Moreton Bay Regional Council

On 26 August 2024, the CCT released its decision and reasons regarding alleged misconduct by a Moreton Bay Regional Councillor. The decision related to two separate allegations that the Councillor:

• misused information or material acquired while performing Councillor functions (Allegation One); and
• failed to declare a conflict of interest regarding a matter before the Council, and where the Councillor influenced, attempted to influence, or discussed this matter with another person involved in the decision (Allegation Two).

The CCT found that Allegation One was not sustained. Allegation Two, however, was sustained with the CCT ordering the Councillor to make a public apology. In considering the appropriate orders to be made in respect of Allegation Two, the CCT balanced the mitigating factor of the Councillor’s clean record against the aggravating factor that they received training regarding conflicts of interest prior to the conduct that occurred for Allegation Two. The CCT concluded that a monetary fine would be ‘tokenistic and ultimately unnecessary’ and that further training would have little utility.

Rockhampton City Council

On 13 August 2024, the CCT released its decision and reasons regarding alleged misconduct by a Rockhampton City Councillor. It was alleged that the Councillor engaged in misconduct by influencing a person participating in a decision of the Council, where the Councillor had a declarable conflict of interest.

The CCT found the allegation of misconduct was sustained and ordered that the Councillor make a public apology and attend further training. These orders were made following consideration of mitigating and aggravating factors. The mitigating factors included no previous misconduct findings, and that the concerns raised in relation to the relevant decision were correct, albeit they were raised in an inappropriate way. This was balanced against aggravating factors that included prior disciplinary history for inappropriate conduct and that the Councillor had received conflicts of interest training. The CCT determined that the mitigating factors outweighed the imposition of monetary penalties.

Oversight of the OIA

On 19 August 2024, the Housing, Big Build and Manufacturing Committee (Committee), being the Committee with oversight responsibility for the OIA, published correspondence from the OIA. The correspondence provides a copy of the OIA’s Dashboard and Operational Report for the 2023-2024 financial year. Highlights include:

• the OIA received 878 complaints, which represents a 2% decrease from 2022-23;
• 134 complaints were received in June 2024, one of the highest complaints received per month in the past four years;
• 76% of all complaints were dismissed or no further action was taken on assessment, which represents a 65% increase from the 2022-23 financial year;
• 16% of all complaints assessed resulted in a misconduct investigation, which is down 20% from 2022-23;
• two percent of all complaints assessed were referred to local government as a potential conduct breach, which is down from 6% in 2022-23; and
• no misconduct applications were made to the CCT, whereas 34 applications were made in 2022-23.

The OIA stated that these metrics demonstrate that it has taken steps to ensure the purpose of the Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023 (Qld) is being implemented, with the OIA focusing on more serious misconduct complaints to improve efficiency.

The OIA also released correspondence concerning a complaint against Gold Coast Mayor, Tom Tate and the use of the term ‘ranga’. The OIA confirmed that they referred the complaint to the Gold Coast City Council for consideration, thereby allowing the councillors to determine whether Mayor Tate’s comment breaches the Code of Conduct. The OIA noted some members of the public will not find the term offensive, whereas some may. Mayor Tate has issued an apology.

OIC Annual Report

On 13 September 2024, the OIC tabled its 2023-24 Annual Report. The Annual Report highlighted some of the OIC’s achievements for 2023-24, such as the implementation of reforms introduced by the Information Privacy and Other Legislation Amendment Act 2023 (Qld) (IPOLA), strategic engagement with various government agencies relating to information access requests and privacy awareness, and the commencement of a project to support agencies ahead of anticipated reform to the Information Privacy Act 2009 (Qld) and Right to Information Act 2009 (Qld).

The Annual Report also sets out some of the areas of focus for 2024-25, including:

• the assessment of the growth of external reviews and determining whether staff resources are sufficient to meet the increased demand;
• the continued implementation of IPOLA reforms, such as the mandatory notification of data breach scheme;
• continued work to support agencies in developing best practice in access to information and privacy;
• promoting a positive culture of information access within the public sector; and
• building its capability as a regulator, particularly in the context of the new own motion investigation powers commencing from 1 July 2025.

The Annual Report also sets out some of the OIC’s performance metrics, noting that the external review service received 696 applications, the second highest ever received.

Show cause notice issued to Townsville City Council Mayor

On 1 October 2024, the Queensland Premier, Steven Miles, issued a show cause notice (Notice) to Townsville City Council Mayor, Troy Thompson. The Notice relates to complaints that Mayor Thompson misled voters about his military, business and education history. This saw the OIA refer Mayor Thompson to the CCC earlier this year.

In June 2024, councillors of Townsville City Council passed a motion of no confidence in Mayor Thompson.

The Notice was issued via letter from Local Government Minister, Meaghan Scanlon, who alleges that Mayor Thompson has risked the welfare of council staff and damaged public confidence in local government. Further, Minister Scanlon’s letter alleges that Mayor Thompson’s refusal has prevented the Townsville City Council from performing its functions efficiently and effectively and has unreasonably diverted council resources.

Mayor Thompson has three weeks to respond to the Notice and faces a 12-month suspension. In a statement posted on Facebook, Mayor Thompson has refuted all allegations made in Minister Scanlon’s letter and stated that “[t]he Labor Government has demonstrated a disregard for your vote, for natural justice, and for the processes of the Crime and Corruption Commission (CCC)”.

Queensland State Election – Ethics, integrity, and elected officials

As Queensland’s 2024 State General Election approaches, the CCC released its Fact Sheet Ethics, integrity, and elected officials: State General Election candidates (Fact Sheet) which provides advice to candidates standing for election on how to avoid engaging in potential corrupt conduct. The critical obligations contained in the Fact Sheet to ensure compliance with the Electoral Act 1992 (Qld) (Act) and other relevant legislation include:

• Ethical and legal obligations to ensure public confidence: elected officials are entrusted with serving the public and must prioritise the public interest above personal gain; This principle should guide the manner in which candidates conduct their electoral campaigns. Candidates are expected to act honestly and demonstrate integrity by ensuring transparency in all electoral processes and decision-making, particularly in areas concerning campaign funding and the acceptance of gifts.
• Upholding the democratic process: a central component of candidates acting ethically and consistent with legal obligations is that they uphold the democratic process. This includes refraining from making or encouraging false or misleading statements about other candidates, interfering with election materials, and attempting to bribe or coerce other candidates, voters or election staff. The making of a false allegation against another candidate can also be investigated.
• Ensuring transparency of campaign funding: the acceptance of campaign funding and other gifts or benefits can lead to a finding of corruption. The Act imposes strict requirements for the disclosure and management of campaign funding and notes that transparency regarding the sources of campaign contributions is essential to maintain public trust. There are some key requirements for candidates with respect to record-keeping.

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Authored by:
Daniel Maroske, Partner
Anna Fanelli, Senior Associate
Caitlin Holmes, Graduate
Max Drummond, Paralegal