The following Queensland legislation provides the basis for:
- the CCC’s primary functions and powers
- public right of access to information and disclosure of information in the public interest
- review of administrative decisions about police officers.
CCC’s primary functions and powers
The Crime and Corruption Act 2001 defines corrupt conduct and sets out the functions of the CCC and its powers. This Act also establishes the Parliamentary Crime and Corruption Committee and the office of the Parliamentary Crime and Corruption Commissioner.
The Criminal Proceeds Confiscation Act 2002 provides for the confiscation of property that is derived directly or indirectly from criminal activity; property used in committing an offence even if it was lawfully acquired; property of serious drug offenders; and property of individuals who are unable to explain how they lawfully acquired their wealth. The CCC administers the non-conviction-based civil confiscation scheme and the serious drug offender confiscation order scheme under this Act.
The Witness Protection Act 2000 enables witnesses and others who have assisted a law enforcement agency, and who have thereby placed themselves and their families at risk, to be eligible for inclusion in the state’s witness protection program. This is administered by the CCC.
The Police Powers and Responsibilities Act 2000 authorises the CCC to use surveillance devices and assumed identities and to carry out controlled operations in exercising its functions. Police officers seconded to the CCC retain all of their powers under this Act.
The Telecommunications (Interception and Access) Act 1979 (Cwlth) and Telecommunications Interception Act 2009 (Qld) authorise the CCC to use telephone interception and provide accountability mechanisms.
Right of access to information; disclosure of information in the public interest
The Right to Information Act 2009 gives the public a right of access to information in the government’s possession or under its control unless, on balance, it is contrary to the public interest to do so.
The Public Interest Disclosure Act 2010 facilitates the disclosure, in the public interest, of information about wrongdoing in the public sector, and provides protection for those who make disclosures. Its purpose is also to ensure that these disclosures are appropriately assessed, investigated and dealt with, and that the interests of those who are the subject of a public interest disclosure are considered.
Review of administrative decisions re police officers
The Police Service Administration Act 1990 enables police officers who are aggrieved about decisions relating to promotions, transfers, breaches of discipline, suspensions and stand-downs to apply to have these decisions reviewed. Part 9 creates the position of Commissioner for Police Service Reviews who is independent of the CCC in exercising this function. The CCC provides a secretariat to support the function.