This 2001 Criminal Justice Commission (CJC) public inquiry investigated allegations of electoral fraud by Queensland members of the Australian Labor Party. The Inquiry was prompted when a member of the Australian Labor Party (ALP), Karen Lynn Ehrmann, made serious public allegations about the possibility of electoral fraud by members of the Queensland branch of the ALP.
The public hearing days commenced on 3 October 2000. The CJC sat for a total of 31 days spread over a three and a half month period terminating on 19 January 2001. One of these days — 20 October — was the day of the closed hearing, the other days were all public hearings.
In all, 84 persons were called and gave evidence in the public hearings.
The CJC used the result of the inquiry to propose recommendations for improving integrity and conduct in local government councils.
In September 2000, on the advice of Mr P D McMurdo, QC, the CJC launched a full independent inquiry under the Chairmanship of Mr T F Shepherdson, QC.
Taken from page 3-4 of the Report:
The Terms of Reference
On 5 September 2000 the CJC resolved to act on the advice and, after obtaining the support of the Parliamentary Criminal Justice Committee (PCJC), acting pursuant to section 25(2)(f) and section 25(3) of the CJ Act, appointed me as an independent legal practitioner to conduct a hearing. I note section 25(4) of the CJ Act, which provides that: ‘A person authorised to conduct a hearing under subsection (2) is taken, for the purposes of the hearing, to be the Commission’.
On 6 September 2000 the CJC engaged Mr R V Hanson, QC, as Senior Counsel Assisting the Inquiry.
The terms of reference drafted by Mr McMurdo were adopted by the CJC to focus the investigation. These terms of reference were:
1. To conduct an investigation into any alleged official misconduct, by way of conduct which constitutes or could constitute a criminal offence or offences:
(a) affecting the electoral roll relevant to the conduct in 1996 of a plebiscite within the Australian Labor Party to select its candidate for the state electorate of Townsville;
(b) affecting the electoral roll for the by-election for the state seat of Mundingburra held in 1996;
(c) affecting the electoral roll relevant to the conduct in 1993 of a plebiscite within the Australian Labor Party to select its candidate for the Brisbane City Council ward of East Brisbane;
(d) affecting the electoral roll relevant to the conduct in 1993 of a plebiscite within the Australian Labor Party to select its candidate for the Brisbane City Council ward of Morningside;
2. To conduct an investigation into such other alleged conduct, which constitutes or could constitute a criminal offence, in respect of any plebiscite conducted within the years 1993 to 1997 inclusive for the selection of the candidate of the Australian Labor Party for any electorate of the Legislative Assembly or the position of councillor of any local government within Queensland, in respect of which there could be a reasonable suspicion of official misconduct;
3. To undertake such preliminary investigations as are appropriate to determine whether there is a reasonable suspicion of official misconduct in relation to anything which constitutes or could constitute a criminal offence, in respect of any plebiscite conducted within the years 1993 to 1997 inclusive and as otherwise describe in paragraph 2 above.
In the course of my investigation, further information was received that could not be investigated under the original terms of reference drafted by Mr McMurdo and adopted by the CJC. To permit investigation of this further information, the terms of reference were on two occasions extended by the CJC on my and Mr Hanson’s recommendation after once again having obtained the support of the PCJC.
The first extension was made on 27 November 2000 when the CJC resolved to amend the above terms of reference by inserting after paragraph 3 the following paragraph:
3A. To conduct an investigation into any alleged official misconduct, which constitutes or could constitute a criminal offence or offences, by James Peter Elder in respect of matters affecting the electoral roll.
The second extension occurred on 19 December 2000 when the CJC resolved to extend the terms of reference by inserting after subparagraph 1(d) the following subparagraph:
(e) affecting the electoral roll relevant to the conduct in 1986 of a plebiscite within the Australian Labor Party to select its candidate for the state electorate of South Brisbane.
