Journalist shield laws passed to include corruption proceedings

• Journalist shield laws to apply across all Crime and Corruption Commission functions
• Amendments introduce qualified journalist privilege under the Crime and Corruption Act consistent with the Evidence Act.

Journalists now have greater protection from being forced to disclose their sources after the Miles Government passed legislation to extend shield laws to Crime and Corruption Commission (CCC) proceedings.

The strengthening of shield laws in Queensland through the Crime and Corruption and Other Legislation Amendment Bill 2024 means journalists cannot be compelled to provide information, documents, or answer questions in CCC proceedings where it would identify a confidential source, unless this is in the public interest.

Journalists who disagree with a CCC decision on journalist privilege have the right to apply to the Supreme Court to determine their claim.

These reforms build upon the existing shield laws framework that exists in Queensland under the Evidence Act to give journalists the protection for confidential sources they need to allow them to report on matters that are in the public interest.

The Bill also implements the government’s response to recommendations in the Fitzgerald and Wilson Commission of Inquiry and a number of recommendations from the Parliamentary Crime and Corruption Committee.

In response to the Commission of Inquiry’s recommendation, the Bill requires the CCC to seek the advice of the Director of Public Prosecutions (DPP) about a decision to charge arising from a corruption investigation.

This will provide important and independent oversight of charging decisions and corruption prosecutions. Under the new framework the CCC must provide a report to the DPP on a corruption investigation, and seek the DPP’s written advice, prior to any corruption charges being laid.

Quotes attributable to Premier Steven Miles:

“Journalists play a critical role in our state, and now they have greater protections both for themselves and their sources.

“Shield laws are complex, but the reforms passed through Parliament by my government today strike the right balance.

“I will continue to do what matters for Queensland to improve the accountability and transparency of our agencies.

“There is always more to do, but today we take another important step forward.”

Quotes attributable to the Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath:

“We know the CCC plays a vital role in weeding out corruption and these changes strike the right balance between protecting journalists and the efficiency and effectiveness of the CCC.

“These changes ensure journalists and their sources, of which many are concerned whistleblowers, now have further protection in CCC matters.

“Also, a further check and balance has been introduced before the CCC commences a prosecution for a corruption offence.

“Given the complexity of cases investigated by the CCC, seeking the advice of the Office of Director of Public Prosecutions before commencing a prosecution is aimed at reducing the potential for charges to have to be withdrawn at a later date.”

ENDS