Corruption and Integrity Update – February 2025

In this edition of the Queensland Corruption and Integrity Update we consider the highly publicised release of the CCC reports into Mr Peter Carne and Ms Jackie Trad, as well as the tabling of the related Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025. We also consider the most recent updates from the CCC, including matters before the Parliamentary Crime and Corruption Committee, a decision of the Councillor Conduct Tribunal and the latest updates from the Office of the Independent Assessor.

Release of historic CCC reports

On 19 February 2025, the Attorney-General, Minister for Justice, and Minister for Integrity released a public statement that the Government had released two CCC reports, being: ‘A report concerning an investigation into allegations relating to the appointment of the Under Treasurer’ and ‘An investigation into allegations relating to the former Public Trustee of Queensland’.

The reports were released under parliamentary privilege, notwithstanding the findings of the High Court in the Carne proceedings, which prevented the release of the reports by the CCC.

Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025

The following day, on 20 February 2025, the Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025 (the Bill) was introduced into the Queensland Parliament. The Bill is primarily intended to provide legislative clarity as to public commentary on corruption investigations following the Carne decision.

The Bill has been referred to the Justice, Integrity and Community Safety Committee for consideration. Interested parties can make submissions until 10:00am on 11 March 2025.

Parliamentary Crime and Corruption Committee Public meetings

On 12 February 2025, the Parliamentary Crime and Corruption Committee (PCCC) held its first public meeting following October 2024 Queensland election, meeting with both the Parliamentary Crime and Corruption Commissioner and the CCC.

Parliamentary Crime and Corruption Commissioner

Mr Mitchell Kunde, the Acting Parliamentary Crime and Corruption Commissioner appeared before the newly constituted PCCC. Mr Kunde presented the Parliamentary Crime and Corruption Commissioner’s public report and provided an update of the work of the PCCC for the period 20 August 2024 to 21 January 2025, noting that key activities of the period included:

• an inspection of the CCC’s telecommunications interception warrants;
• a review of intelligence data held by the Queensland Police Service (77) and CCC, and preparation of an advice on this review;
• an audit of the CCC’s authorities for the use of assumed identities under the Crime and Corruption Act 2001 (Qld) (the CC Act) and the Police Powers and Responsibilities Act 2000 (Qld) and preparation of a report on the results;
• conducted an inspection of the CCC’s surveillance data warrant records, and preparation of a report; and
• review and assessment of notifications under section 329 of the CC Act.

One matter of note raised by Mr Kunde related to proposed amendments to the Telecommunications (Interception and Access) Act 1979 (Cth) (TIA Act). Previously, the CCC shared information intercepted under the TIA Act with the Parliamentary Crime and Corruption Commissioner. Following receipt of legal advice, the CCC determined that the TIA Act did not permit them to share information with the Parliamentary Crime and Corruption Commissioner, which has limited the oversight functions. Mr Kunde specifically noted that the CCC’s interstate counterparts, with the exception of the IBAC in South Australia, are permitted to disclose information with the Parliamentary Crime and Corruption Commissioner equivalents, and noted that he is working alongside the CCC to prepare proposed amendments to the TIA Act.

CCC

The CCC Chairperson, Mr Bruce Barbour, and various senior members of the CCC presented the PCCC with the CCC’s report of activities from 1 July to 31 December 2024, focusing on key activities that were undertaken:

• finalised 16 corruption investigations, which included a brief of evidence relating to fraud that was referred to the Office of the Director of Public Prosecutions for advice as to the suitability of a criminal prosecution; allegations of misuse of authority were referred to an agency for consideration of disciplinary action;
• 11 matters were finalised which covered allegations of corrupt conduct relating to misuse of office, failure of duty, misappropriation of resources, drug related offences and misuse of information and sexual offences;
• finalisation of a major crime investigation resulting in 26 people being charged with more than 109 offences and seizures of over $500,000 in cash, 20 kilograms of methamphetamine, and half a tonne of cannabis;
• use of hearing powers to assist QPS finalise three investigations into crimes against children and other vulnerable persons;
• proceeds of crime team obtained restraining orders to the value of over $5.04 million, and a total of $6.28 million was returned to the state as forfeited property; and
• continued implementation of the Fitzgerald—Wilson Commission of Inquiry, with 19 recommendations having been fully implemented, and significant progress having been made towards 11 other recommendations.

For the relevant period, 2,570 complaints and notifications of corruption were received, with 2,889 being assessed, noting that the CCC received a 28 per cent increase of complaints in the 2023-2024 financial year. In the first half of the 2024-2025 financial year, complaint numbers increased a further 17 per cent. The significant increase in the number of complaints is the highest percentage increase in the number of complaints received by any Australian integrity agency. Mr Barbour noted that analysis of the complaints received did not reveal any particular theme or other indicator for the increase and suggested that it may have been due to increased awareness following media attention on the CCC. The CCC is currently progressing 39 corruption investigations.

To address the significant increase in complaints, the Mr Barbour noted that the CCC has instituted various changes to manage the assessment of complaints and notifications. While Mr Barbour noted that the changes will continue to be implemented, the CCC had been able to reduce the number of matters under active assessment from 518 to 301, which represented a 41 per cent decrease.

CCC updates

Corruption Allegations Data Dashboard (CADD) updates

In December 2024, the CCC updated its CADD to incorporate data up to 30 June 2024. The CADD allows users to access and understand data relating to allegations of corruption in Queensland.

Our last update in October 2024 highlighted the trend of increasing numbers of corrupt conduct allegations referred to the CCC. The updated CADD shows a decrease from 4,303 allegations in Quarter 1 of 2024 to 3,861 allegations in Quater 2 of 2024 (Q2 2024). This represents the first decrease since Quater 2 of 2023. However, the number in Q2 2024 is the second highest count of allegations referred to the CCC.

The majority of corruption allegations continue to relate to the Queensland Police Service (2,369) and other front line services.

More broadly, the updated CADD again indicates that the failure of duty, misuse of authority and information, and unprofessional personal conduct are the primary areas of concern regarding potential corruption. Approximately 70% of allegations received in Q2 2024 fall within one of these alleged conduct categories.

Updated resources

In December 2024, the CCC published various materials and resources relating to the management of corruption in the public sector, including:

• A factsheet providing guidance for assessors and decision makers in assessing complaints of corrupt conduct;
• Guidance and materials relating to record keeping obligations under section 40A of the Crime and Corruption Act 2001 (Qld) in the assessment of allegations of corrupt conduct;
• Materials relating to the management of corruption risks in the procurement process;
• Guidance for employees of hospital and health services in the management of gifts and benefits; and
• Guidance for individuals meeting with lobbyists to appropriately minimise corruption risks.

Councillor Conduct Tribunal update

On 15 November 2024, the Councillor Conduct Tribunal (CCT) published its decision and reasons relating to alleged misconduct of a Councillor from the Tablelands Regional Council (Council).

The decision considered a complaint alleging that the Councillor failed to declare a conflict of interest regarding matters before the Council, and where the Councillor influenced, attempted to influence, or discussed the matters with three people who were involved in a decision in relation to these matters.

The CCT found that the allegation was sustained and ordered the Councillor to make a public admission and be reprimanded. In considering the appropriate orders to be made, the CCT weighed the mitigating factors of the Councillor’s clean record and the one-off nature of the conduct against the aggravating factors that the Councillor contemporaneously received a significant amount of training, had a demonstrated knowledge of the requirement to declare conflicts of interest, the substantial monetary value of the matters, and the fact that their conduct continued despite being explicitly advised of the conflict.

The Applicant submitted that the Councillor be ordered to make a public apology and reimburse the local government for costs stemming from their misconduct. As to this latter order, the Applicant submitted an appropriate amount would be $2,000.

The CCT declined to order the pecuniary penalty sought by the Applicant, citing that “it is uncontroversial that the purpose of disciplinary proceedings and orders are protective rather than punitive”.

Office of the Independent Assessor updates

On 4 December 2024, the Office of Independent Assessor (OIA) published its quarterly report on its performance and functions. The report focused on two key issues:

• the types of matters referred by the OIA to the Councillor Complaint Tribunal or the local government for determination; and
• the time taken by the OIA and the Councillor Conduct Tribunal to resolve matters, noting at that point there was a significant backlog of matters before the Tribunal awaiting determination.

Between 3 December 2018 to 30 November 2024, the OIA received 6042 complaints. The OIA reported a noticeable increase in the number of complaints received in between July-November compared to the same period last financial year. Common complaints made to the OIA include:

• misuse of information or material acquired while a councillor;
• giving directions to local government employees;
• releasing confidential information;
• failure to properly declare or manage a conflict of interest;
• failure to record particulars of an interest in a register of interest; and
• influencing or attempting to influence a council decision-maker where a councillor has a conflict of interest

The OIA has also expressed its commitment to meeting industry-leading timeframes for the assessment and investigation of complaints. They aim to meet the following averages:

• Complaints to be assessed within 7 working days;
• Simple complaints to be investigation within 60 working days; and
• More complex complaints (those referred to the Tribunal), to be investigation within 160 working days.

As of 30 November 2024, the average time to assess a complaint was 2.78 days and the average time to investigate a complaint was 33.9 days. Currently, it takes on average 6.23 months for a matter to be referred to the CCT. The OIA has expressed a clear intention to work towards reducing this average.

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Authored by:

Daniel Maroske, Partner
Anna Fanelli, Senior Associate
Caitlin Holmes, Lawyer