LNP rejects review calls over how much to muzzle Qld’s corruption watchdog

The news

Queensland’s major parties have split on what future powers the state corruption watchdog should have to publicly report on wrongdoing.

The Queensland Crime and Corruption Commission, headed by chair Bruce Barbour (left), escalated the lengthy legal battle with former public trustee Peter Carne (right) to the High Court in late 2022.Credit: Dominic Lorrimer, Karleen Minney, Michelle Smith

The 16 recommendations in a review led by former chief justice and robodebt royal commissioner Catherine Holmes have been welcomed by the Miles Labor government and an integrity expert, but the LNP has rejected key calls.

How we got here

A years-long legal effort by former public trustee Peter Carne to have a report into allegations against him withheld from the public was successful in the High Court last September.

The court ruled that the Queensland Crime and Corruption Commission could not publish reports on matters without an explicit corruption or disciplinary finding, unless the related probe featured a rare public hearing.

That ruling validated a similar effort by Labor’s former deputy premier Jackie Trad to suppress a report related to allegations of her interference with the recruitment of a Treasury official.

Why it matters

The High Court decision overturned a years-long understanding about the watchdog’s powers to publicly share its work.

As a result, the government this year commissioned Holmes to conduct the independent review and advise about how reporting powers should be returned and in what form these should be.

Disagreement between Labor and the LNP over support for the Holmes review recommendations casts uncertainty over the watchdog’s future before October’s election.

What they said

In the preface of her almost-500-page report, Holmes said it had become clear to her that a “one size fits all” approach for unlimited discretion sought by the watchdog was “not the answer”.

Her proposal was for thresholds differentiating between public servants and elected officials, and individual and systemic corruption, balancing the public interest and the rights of probe subjects.

Public reports into elected officials which fall short of guilty findings would be allowed, but “must not include critical commentary or opinions or recommendations based on their conduct”.

“The conclusions I have reached almost certainly will not please all, but they set up a workable regime,” the review said.

Perspectives

Premier Steven Miles and Attorney-General Yvette D’Ath welcomed the review. D’Ath told journalists on Wednesday she hoped law changes could occur before the October election and it would be then up to the CCC to determine if, and how, it could release the Carne and Trad reports.

While shadow attorney-general Tim Nicholls noted the significant work done by Holmes’ review and suggested the LNP would consider it in detail, he also criticised its key call around an end to the watchdog expressing opinions on the conduct of elected officials.

Deputy leader Jarrod Bleijie, speaking alongside Nicholls at a media conference, echoed this and suggested the Trad report would be “sanitised”, adding the LNP would try to release it in full if it won government in October under draft laws introduced by Nicholls – but questioned by Holmes.

Geoffrey Watson SC, a director of the Centre for Public Integrity and former counsel assisting NSW’s Independent Commission Against Corruption, told Brisbane Times the review was “impressive” in its work examining the best practice for such agencies across Australia and globally.

“It was an excellent exercise because there’s a lot of controversy, naturally, about how far integrity agencies should go, because of the potential for reputational harm, so it was quite a good idea that the government take it away from politicians,” he said.

In a statement, CCC chair Bruce Barbour said the agency would consider the report and engage with government on the recommendations.