Opinion: CCC cannot be judge, jury and executioner

The decision not to pursue the fraud charges laid against a group of former councillors – sparking the dismissal of their council – is proof the CCC’s actions in this case were wrong, writes Greg Hallam.

The decision of the Director of Public Prosecutions this week not to pursue the fraud charges laid against a group of former Logan councillors in 2019 – sparking the dismissal of their council – is proof the Crime and Corruption Commission’s actions in this case were wrong.

This case was a travesty of justice and the DPP’s decision is a watershed moment for Queensland.

It leaves the State Government with only one choice – to commission an independent inquiry into the CCC to ensure this cannot happen again.

This decision shows the watchdog went too far by weighing into an industrial dispute that was already before the correct legal body – the Queensland Industrial Relations Commission.

The CCC’s actions in laying criminal charges against these councillors led to the sacking of one of the country’s largest local governments.

It disenfranchised the voters of Logan City and ruined the livelihoods and reputations of the councillors charged. There must be an investigation into the CCC’s actions. And one completely independent of the CCC and its parliamentary watchdog, the Parliamentary Crime and Corruption Commission.

We would also be seeking compensation for those wrongly charged.

The public rightly expects the CCC to pursue, expose and prevent public sector corruption. The CCC’s work in exposing former Ipswich Mayor Paul Pisasale is an exemplar of the execution of this function.

The Local Government Association of Queensland CEO Greg Hallam. Picture: Brendan Radke

Queensland needs to have a fearless CCC that is thorough, rigorous and robust but it must have adequate checks and balances to preserve its own reputation and trust with the public and to ensure it is not abusing its extensive powers.

The Local Government Association of Queensland has always maintained the CCC overstepped the mark by wading into an industrial relations dispute and charging these councillors with a serious criminal offence.

The Queensland Industrial Relations Commission and the Industrial Court are the forums for which these matters are independently adjudicated, not the CCC.

Aside from the impact this case has had on the voters of Logan City and the former councillors involved, it has also served to damage the reputation of the local government sector as well as the reputation of the watchdog itself.

This case has called into question laws allowing the suspension of councillors charged with serious integrity offences. It has also served to further discourage good people from seeking election to represent their communities for fear they too could have their reputations and livelihoods ruined.

The CCC has in recent years become judge, jury and executioner while at the same time encroaching on the work of the Executive and the Parliament.

The CCC should not be a prosecuting authority. It has been the LGAQ’s consistent view that all decisions to prosecute should be made independent of the CCC. Not just in consultation with other bodies like the DPP, but completely independently.

It is the LGAQ’s belief that the CCC, by its very nature as a watchdog, is too close to the complainants and whistle blowers to be able to have a dispassionate lens to assess the merits of a matter when deciding whether or not a prosecution should proceed.

The Logan matter is further proof of this. Evidence put before the now abandoned criminal proceeding revealed that the CCC sought funding from the Government on the complainant’s behalf, to cover her legal costs in her industrial dispute. Another shocking overreach.

This cannot be allowed to go through to the keeper. We need to ensure fresh eyes and clean hands look into the CCC’s actions so the people of Queensland can have confidence in this crucial watchdog.

Greg Hallam is CEO of the Local Government Association Queensland