The CCC assesses every complaint it receives to decide how serious it is, whether it warrants investigation, how quickly it must be actioned and who is best placed to deal with it.
This includes assessing:
- whether the complaint is within our jurisdiction (that is, whether we have authority to deal with it)
- if there is a reasonable suspicion that the alleged conduct occurred.
If necessary, we will obtain further information to enable us to decide the best course of action.
When assessing how each complaint should be dealt with, we consider and apply the following principles outlined in section 34 of the Crime and Corruption Act 2001 (CC Act):
- Cooperation: the CCC and units of public administration (UPAs) are to work cooperatively together to prevent and deal with corruption
- Capacity building: the CCC has a lead role in building the capacity of UPAs to prevent and deal with corruption
- Devolution: subject to the cooperation and public interest principles and the capacity of the UPA to deal with a matter, action to prevent and deal with corruption in a UPA should generally happen within that UPA
Public interest: the CCC has an overriding responsibility to promote public confidence:
o in the integrity of UPAs and in the way corruption is dealt with by them
o and should exercise our powers to deal with corruption when it is appropriate to do so having regard to the capacity of the UPA to deal with the corruption, the nature and seriousness of the corruption, particularly if the corruption is suspected to be prevalent or systemic, and whether there will be an increase in public confidence by having the CCC deal with a matter instead of the UPA.
Possible courses of action
Based on the assessment, the CCC may decide to:
Investigate
While all complaints are treated seriously, under the Crime and Corruption Act 2001 (the CC Act), the CCC must focus its investigations on more serious and systemic cases of corrupt conduct.
The purpose of a CCC investigation is to:
- establish the facts relating to an allegation of corruption
- determine whether there is sufficient evidence to support prosecution proceedings or disciplinary action being considered, and refer the matter accordingly
- identify vulnerabilities and gaps in agency policies or systems, and advise agencies about possible corruption risks and recommend solutions to address them; and
- raise standards of integrity and conduct in units of public administration and promote public confidence by publicly reporting on the investigation findings, where appropriate to do so.
Refer to an agency, subject to monitoring
In line with the devolution principle the CCC may refer a complaint to be dealt with by the UPA, subject to monitoring by the CCC.
In these cases, the CCC will:
- issue advisory guidelines for how the agency should conduct its investigation
- closely monitor how the agency deals with the complaint, including potentially directing the investigation to include certain activities or inquiries
- consider assuming responsibility for the investigation (for example, if the investigation might require the additional resources or powers of the CCC).
Refer to an agency, requiring outcome advice
The CCC will apply this approach to complaints which do not require active monitoring, but where outcome advice is required to allow the CCC to understand:
• how a matter was dealt with
• the outcome of any investigation
• the broader corruption risk landscape.
As with matters subject to monitoring, the CCC has a statutory right to assume responsibility for the matter if the circumstances or assessment of the complaint change.
Referred – No further advice
The CCC will apply this level of referral to complaints which do not require active monitoring or an outcome advice.
Under the CC Act, the action to prevent and deal with corruption in an agency should generally happen within the agency.
The CCC may also refer a complaint to another agency for action. Examples may include the Queensland Police Service, the Queensland Ombudsman or the Office of the Independent Assessor.
No further action
In certain circumstances, it may be appropriate for the CCC to take no further action about a complaint, for example, if:
- we do not have authority to deal with it
- it is frivolous, vexatious or malicious and is not made in good faith
- it lacks substance or credibility
- it has previously been dealt with by the CCC or by another agency
- the use of public resources to deal with the matter further cannot be justified.
