Journalist shield laws extended, greater oversight of corruption charges

• Journalist shield laws to be extended for Crime and Corruption Commission proceedings (CCC)
• CCC required to seek Director of Public Prosecution advice about corruption charges following a corruption investigation

The Miles Government has introduced legislation to extend journalist shield laws to Crime and Corruption Commission proceedings.

The Crime and Corruption and Other Legislation Amendment Bill 2024 will ensure journalists cannot be compelled to provide information, documents or answer questions at a CCC hearing where this would disclose the identity of a confidential source, unless it is in the public interest.

Journalists who disagree with a CCC decision will have the right to apply to have the Supreme Court decide their claim.

These reforms will build on the existing shield laws framework that already applies in Queensland for court proceedings.

The Bill will also implement the government’s response to recommendations in the Fitzgerald and Wilson Commission of Inquiry, as well as recommendations from the Parliamentary Crime and Corruption Committee and the Windage Report.

A key reform in the Bill provides enhanced oversight of corruption prosecutions by requiring the CCC to seek advice from the Director of Public Prosecutions (DPP) about a decision to charge, as recommended by the Commission of Inquiry.

The Bill requires the CCC to provide a report to the DPP on its investigation, and seek written advice, prior to any corruption charges being laid.

This will provide an important level of oversight and guidance.

Quotes attributable to Premier Steven Miles:

“We’ve listened, and we are acting.

“Our state is well served by our hardworking journalists, and protecting their sources is critical.

“It’s important enough that we will extend shield laws to protect Queensland journalists and limit the powers of the CCC.

“Sometimes in a democracy it is necessary to balance the powers, protections and responsibilities of entities like the CCC and the media.

“This is just one of many measures my government is delivering on to improve the accountability and transparency of our integrity bodies.”

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

“The CCC plays a critical role in Queensland’s anti-corruption and integrity landscape, while also helping to combat and reduce major crime.

“The Commission of Inquiry highlighted the complexity of cases investigated by the CCC and the harm that can eventuate if after a prosecution is commenced, the charges are then subsequently withdrawn.

“Sound charging decisions are crucial to maintaining the integrity of the CCC, and the Commission of Inquiry concluded that external oversight to charge in corruption matters is essential to ensure the prosecution has reasonable prospects of success.

“We are also delivering on our commitment to expand journalist shield laws to ensure confidential sources are not revealed in the course of CCC proceedings, unless it is in the public interest to do so.

“The new laws recognise journalists and the media as crucial members of a strong democracy, and there should be a presumption that their confidential sources are protected.”

ENDS