CCC reporting powers under the microscope in former chief justice-led review

Published Thursday, 15 February, 2024 at 12:20 PM

JOINT STATEMENT

Premier
The Honourable Steven Miles

Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence
The Honourable Yvette D'Ath

  • The Miles Government has announced an independent review into Crime and Corruption Commission (CCC) reporting powers
  • The review will be led by former Chief Justice of Queensland, The Honourable Catherine Holmes AC SC.

Former Chief Justice of Queensland Catherine Holmes AC SC will lead a three-month independent review to examine the CCC’s ability to publicly report in relation to corruption matters.

Following last year’s High Court decision, the government has been considering legal advice and the views of stakeholders.

The Miles Government acknowledges the need to legislate new reporting powers for the CCC, while also recognising that publishing reports relating to individual corruption matters raises complex legal, ethical and human rights issues.

That is why a review has been initiated to ensure that any legislative amendments strike a proper balance between the rights of the individual and the broader public interest. The issue of whether any legislative amendments should be made to operate retrospectively will also be specifically considered.

The review’s Terms of Reference have been tabled in Parliament today. 

Ms Holmes’ recommendations will be delivered to the Attorney-General by May 20 and then considered by Cabinet and released in full.

Quotes attributable to Premier Steven Miles:

“Another reform to the CCC the government has been carefully considering is to what extent they should be able to publicly report their investigations.

“Finding the right balance between allowing the CCC to do their job while also protecting the human rights of individuals is important.

“The appointment of The Honourable Catherine Holmes AC SC will ensure full consideration of the complex legal issues involved as well as the human rights implications and provide government with recommendations about reporting in other cases.”

Quotes attributable to the Attorney-General and Minister for Justice Yvette D’Ath:

Until recently, the CCC’s authority to prepare and publish these reports, and make other relevant public statements, had not been challenged or tested before a court.

“There is a clear public interest in the CCC being able to publicly report on corruption matters, however what should be reported and the parameters of that power is complex.

“The CCC has highly coercive investigative powers, and its reports and statements can cause significant prejudice to individuals who are not otherwise subject to criminal or disciplinary action.

“That’s why we are taking action with a short, sharp and targeted independent review that will consider the legal and human rights implications of such reporting.

“The government has been carefully considering this complex issue, and now is seeking external advice, separate from politicians, and who better to provide that advice than former Chief Justice, Catherine Holmes.”

ENDS