NewsBite

Opinion: Prominent lawyer says so called ‘Trad laws’ go too far

MPs and local government councillors are extremely busy and lead hectic lives that involve irregular hours, it’s easy to believe that occasionally mistakes such as updating their registers could occur, argues lawyer Calvin Gnech.

Qld corruption watchdog criticises Palaszczuk govt's 'Trad laws'

THERE IS, and always will be, an obvious need for high standards of transparency, integrity, and accountability at all levels of government. The reform in this space here in Queensland has already been significant after momentum built for change shortly after the Crime and Corruption Commission (CCC) concluded Operation Belcarra in 2019, which was an investigation into corruption at local government council level, as well as some high profile political criminal prosecutions.

The recent revelation that Senator Bridget McKenzie was a member of a gun club that she personally granted $36,000, and only publicly disclosed her membership of that club some ten months after joining, is a scenario whereby if she was an MP or local government councillor in Queensland and new proposed laws are passed, with amendments sought by the CCC, could well mean she would serve up to two years in prison.

LGAQ: Council transparency better than donor bans urged by Operation Belcarra

The issue of MPs and local government councillors updating their registers and avoiding conflicts of interest is a tricky one. All of these people are extremely busy and lead hectic lives that necessarily involve irregular hours attending meetings with constituents and community groups out of hours and on weekends. It is easy to believe, particularly when some of these people have next to no staff to assist them, that occasionally mistakes such as updating their registers could occur.

If Senator Bridget McKenzie was an MP or local government councillor in Queensland and new proposed ‘Trad laws’ were passed, with amendments sought by the CCC, she could well have served up to two years in prison. Picture: Alex Ellinghausen
If Senator Bridget McKenzie was an MP or local government councillor in Queensland and new proposed ‘Trad laws’ were passed, with amendments sought by the CCC, she could well have served up to two years in prison. Picture: Alex Ellinghausen

It is often difficult, even for an experienced lawyer, to properly identify whether a conflict of interest exists, or what actually constitutes an interest, so one can only imagine how difficult it is for an untrained politician to do so. Additionally, these type of issues are often dynamic in nature in that something that is not a conflict of interest or a declarable interest today could very possibly be one tomorrow. There is no reason to suggest anything other than that Senator McKenzie, as a busy person, merely overlooked declaring her membership.

In fact the CCC in Queensland found that when deputy Premier Jackie Trad did the same thing and did not update her register in a timely manner, there was “no dishonest intent”.

Yet even though both Senator McKenzie and Deputy Premier Trad may have had “no dishonest intent” in not updating their registers, and they simply may have overlooked doing so, the CCC want that to be no excuse. Under the CCC’s demand to amend a bill currently before the state parliament, and one that the Palaszczuk Government have now indicated they may accede to, they want the excuse of “no dishonest intent” removed, thereby making the likes of Senator McKenzie and Treasurer Trad criminals.

Labor accuses PM of involvement in sports rorts scandal

The CCC have become so powerful in this area that they have already been able to get their way when it applies to local government. Many local government councillors have been found to have committed misconduct because the CCC demanded, and were granted, legislation passed by both sides of politics that mean even if a declaration has been overlooked by a councillor, they may have committed a criminal offence and face punishment of up to $13,000 or one year in jail. These are serious consequences for any person, let alone a person with limited time, training, resources, and where, in the case of regional councils in Queensland, being a councillor is often a secondary, part-time job.

What this all means is that under these proposals it does not matter if the person held an honest or dishonest intent. Both would be caught by the same criminal laws. It means that genuinely honest mistakes or oversights by politicians and elected representatives will now be declared criminal offences.

Even though both Senator McKenzie and Deputy Premier Trad, pictured, may have had “no dishonest intent” in not updating their registers, and they simply may have overlooked doing so, the CCC want that to be no excuse. Picture: AAP Image/Glenn Hunt
Even though both Senator McKenzie and Deputy Premier Trad, pictured, may have had “no dishonest intent” in not updating their registers, and they simply may have overlooked doing so, the CCC want that to be no excuse. Picture: AAP Image/Glenn Hunt

At some point enough needs to be enough with creating criminal offences just for the sake of it. Surely there should never be an intention for government to create a situation where the criminal jurisdiction is invoked as a result of what essentially can be best described as ‘poor work performance’ at worst, or administrative oversight at best.

It is an entirely different story if dishonest conduct which has caused a benefit or detriment to a person is proved, but the law already provides for those circumstances. There can be no doubt the public record in Queensland clearly demonstrates the current criminal laws in existence have sufficiently and appropriately held corrupt politicians at all levels of government to account.

While I am not acting as a “cheerleader” for politicians, these draft laws place hardworking, decent people at real jeopardy of going to jail as a result of genuinely honest behaviour or at worst, poor work performance.

In 2020, where we as a society accept that those we elect to public office must be held to a high standard of behaviour, we also need to be cognisant that the standard of conduct we ask them to uphold must also be realistic.

Calvin Gnech is the Managing Director of Gnech & Associates, Criminal and Professional Misconduct Lawyers, and he represents elected representatives and public officials in criminal and discipline proceedings

Add your comment to this story

To join the conversation, please Don't have an account? Register

Join the conversation, you are commenting as Logout

Original URL: https://www.couriermail.com.au/news/opinion/opinion-prominent-lawyer-says-so-called-trad-laws-go-too-far/news-story/f37445943b7771de31bbcfa0190f4378