Corruption and Integrity Update – October 2024

In this edition of the Queensland Corruption and Integrity Update we outline various updates issued by the CCC, summarise the highlights from the annual reports of various integrity bodies, and consider recent changes to the operating powers of the Queensland Ombudsman. 

Crime and Corruption Commission updates 

CCC’s Quarterly Report Number 8 

On 9 October 2024, the CCC released its eighth quarterly report on the ‘Implementation and delivery of COI recommendations.’ The CCC is progressing in the implementation of the COI Recommendations, with the following updates since the last report: 

• Recommendations 1-2: The CCC is implementing a model relating to the use of seconded police officers, who retain their police powers;  

• Recommendation 6: The CCC has completed its review of the CCC’s organisational culture, with several reforms implemented aimed at guarding against institutional capture; 

• Recommendation 11: A number of enhancements to onboarding practices have been implemented, with the CCC noting that it will continue to monitor and enhance onboarding as business as usual; and 

• Recommendations 25, 26 and 27: The Crime and Corruption Other Legislation Amendment Act 2024 received assent on 30 August 2024, which introduces changes to the CCC’s corruption investigations. 

CCC updates Corruption Allegations Data Dashboard (CADD) 

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

Since our last update in August 2024, the number of corrupt conduct allegations referred to the CCC have continued to increase. The updated CADD shows 4,303 allegations in the first quarter of 2024 (Q1 2024). This represents the third consecutive quarter in which the CCC has received a record number of allegations. Quarter 3 and 4 of 2023 saw the CCC receive 3,059 and 3,781 allegations, respectively. 

Frontline services continue to be the subject of the majority of allegations. The data reported by the CCC indicates no significant changes to the alleged conduct complained about, with the misuse of authority and information continuing to be key areas of concern regarding potential corruption. 

CCC’s Review into Police Powers to Conduct Searches 

The CCC recently published its review of police powers on ‘Searching places for high-risk missing persons’ (the Review). 

By way of overview, Queensland was the first, and remains the only, Australian jurisdiction to provide police with new search powers. These powers are contained in Chapter 7, Part 3A of the Police Powers and Responsibilities Act 2000 (Qld) (PPRA), and enable police to conduct searches in cases where: 

• a missing person is a ‘high-risk missing person’ because they are either under 13-years-old, or are at risk of serious harm if not found as quickly as possible; and 

• a police officer reasonably suspects that searching a particular place may locate the person or provide information relating to their disappearance; and 

• the occupier of the place cannot or refuses to give consent for the search to occur. 

The CCC was required to review these powers pursuant to section 879 of the PPRA. The Review identified that while these powers are rarely used, they are useful and valuable as a tool to progress missing persons investigations. Highlights include: 

• police officers used these powers in 16 missing person investigations, which saw a total of 18 warrants to conduct searches; 

• of these searches, 13 resulted in the location of evidence, seizure of property, finding of missing person; 

• the CCC discussed six searches in depth with police, where interviewees reported that four of the six searches located significant evidence; and 

• the search powers assisted in locating 22 missing persons, which resulted in the safe location of 14 persons. 

Despite the usefulness, the CCC identified two recommendations to further improve the operation and effectiveness of these powers. 

The PPRA currently requires police officers obtain the authorisation of a commissioned officer to exercise the powers. This requirement operates as a safeguard against misuse, which the CCC notes as being appropriate when introducing a new and intrusive police power. However, the CCC considers the requirement to be no longer necessary. 

It was noted that the Review experienced challenges relating to data availability, with the CCC recommending the Queensland Police Service improve and expand their recordkeeping practices. One improvement is the saving key documents into a suitable electronic records management system. The CCC stated this will assist in ensuring adequate oversight of the powers. 

Annual report highlights 

There have recently been several annual reports tabled in the Queensland Parliament, which highlight the activities of organisations in the Queensland integrity space. 

Office of the Independent Assessor (OIA)  

In its 2023-2024 Annual Report, the OIA states that it received 878 complaints containing 955 separate allegations relating to councillor conduct. This represents a two per cent decrease on the number of complaints in the previous year. There has been an increase in the percentage of complaints made from the public, which constituted 51% of complaints in 2023-24 compared to 38% in 2023-23. The local government sector was the source of 41% of complaints. 

Following the downward trend in 2022-23, there was also a 67% decrease in councillor self-referrals. The allegations related to several types of conduct, which includes the following key areas: 

• 55% of allegations received related to alleged misconduct, which is up from 49%; 

• 38% of allegations received related to alleged inappropriate conduct or conduct breach, being 4% lower than 2022-23; and 

• 3% of allegations received related to suspected corrupt conduct. 

The OIA focused on investigating more serious complaints in 2023-2024. This saw the average time taken to undertake investigations increase to 3.33 months from 2.71 months as at 30 June 2023. The effect being approximately 70 less misconduct complaints were completed. 

Despite the decrease in the time to complete investigations, the OIA is continuing to address the backlog of investigations which was its focus in 2022-23. As of 30 June 2024, 21 investigations remain ongoing.  

Queensland Ombudsman (QO)  

In its 2023-2024 Annual Report, the QO assesses its financial and non-financial performance against the objectives and performance indicators set out in the Strategic Plan 2023-27. The QO’s objectives broadly concern improving administrative processes and decision-making, improving public interest disclosure (PID) management, and building a sustainable and capable organisation. 

The QO states that it responded to 11,479 contacts and in 2023-24, down from 11,837 in 2022-23. There has been a notable decrease in complaints, with the QO reporting it received 6,295 complaints compared to 7,227 for the previous period.  

A core performance indicator of the QO in achieving its objectives is the timeliness and effectiveness of inspections and investigations. The QO highlighted the following performances in demonstrating its timeliness:  

• the target average time to complete preliminary assessments was 10 days, with the QO achieving an actual average time of 7.8 days; and 

• The target proportion of investigations completed within target timeframes was 90%, where the QO nearly achieved its target with 89% of investigations completed in a timely manner. 

Other key performances include: 

• 97% of the QO’s recommendations to agencies were accepted, exceeding its target of 90%;  

• 89% of complaints reviewed by the QO resulted in the original decision being upheld; and 

• 2,605 public officers participated in 128 training sessions to improve public administration, with 98% of participants reporting improvements to their decision-making capability. 

The QO found that in 2023-24 there had been an approximately 50% decrease in complaints about Queensland Health, with 541 complaints received compared to 1,039 in 2022-23. It also found that the high volume of complaints about the Office of the Health Ombudsman (OHO) have continued. The QO attributes this uptick to the OHO’s suspension of its internal review function in 2022. 

Total PIDs reported in 2023-24 increased by 5.4%, with 2,305 reported compared to 2,187 in 2022-23. Corrupt conduct continues to be the predominant subject matter of PIDs reported, totalling 91.3% which is in line with the previous year 92.1%. 

Recent changes to the operating powers of the Queensland Ombudsman 

On 16 September 2024, the QO published its Guide for non-government entities detailing changes to its framework. From 15 September 2024, QO has expanded its investigative authority in relation to non-government entities (NGEs) performing functions on behalf of public agencies. Previously, the QO could only investigate the agency itself, not the administrative actions of the NGE.  

This change allows for the QO to conduct direct investigation into the administrative actions of these entities when they deliver public services. Complainants are advised to first address their concerns with the NGE, then with the engaging agency if unsatisfied, and finally with the QO if the issue remains unresolved. Agencies are encouraged to inform their contracted NGEs about this change and to include relevant clauses in contractual agreements to reflect the QO expanded jurisdiction.

If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here.

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