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‘Concern’ over what CCC can publish in future

The state’s corruption watchdog is seeking to appeal a decision that its report concerning ex-Queensland Public Trustee Peter Carne must be kept secret, saying it would have “very significant ramifications” for future publications.

Fitzgerald Report indicates 'better checks and balances' for Queensland CCC

The state’s corruption watchdog is seeking to appeal a decision that found its report concerning former Queensland Public Trustee Peter Carne must be kept secret.

Crime and Corruption Commission chair Bruce Barbour said the decision posed “very significant ramifications” and if the decision were to stand, there would “definitely be concern” around what the watchdog would be able to publish in the future.

“As a result of receiving advice, the commission has this morning made a decision to prepare to seek an application for leave to appeal to the High Court to have the decision reconsidered by the court,” he told the Parliamentary Crime and Corruption Committee (PCCC) on Friday.

Mr Carne won his appeal in the Supreme Court earlier this month to stop the report, which details allegations of misconduct during his time in office, from being publicly released.

Former Queensland Public Trustee Peter Carne.
Former Queensland Public Trustee Peter Carne.

The CCC had finalised its inquiry into allegations that office of the Public Trustee resources were misused to fund Mr Carne’s personal study.

The report had been delivered to the PCCC which set in motion its tabling in parliament.

However, Mr Carne argued that releasing the report – which would be immune from legal challenge due to its tabling in parliament – would breach his human rights and claimed he had been denied procedural fairness.

Mr Carne’s lawyers argued the report did not find Mr Carne committed corruption, but detailed the allegations against him.

Mr Barbour on Friday said the court’s decision regarding the report was “a significant one in terms of the operations of our organisation.”

“As you would be well aware, the CCC and its predecessors have regularly reported on the outcomes of and lessons learned from corruption investigations,” he said.

“We’ve got a long understanding that that was an appropriate process and it was an integral part of the way in which we conducted our corruption function, especially those aspects of that function which were directed to raising standards of integrity and conduct in units of public administration.

Crime and Corruption Commission chair Bruce Barbour. Picture: NCA NewsWire/Dan Peled
Crime and Corruption Commission chair Bruce Barbour. Picture: NCA NewsWire/Dan Peled

“One of the means that we did that was by transparently and publicly preparing reports of the kind which was the subject of consideration in that particular matter.”

The CCC chair on Friday stressed that it was a “very significant decision.”

“If the Carne decision were to stand, then there would definitely be concern, I thinks in terms of what we would be able to do in the future in terms of being open and transparent about our investigations and what we conclude in relation to the investigations,” he said.

“If you read Carne in its present decision from the Court of Appeal, then it would appear that we would not be in a position to publicly report on Workshop (CCC investigation into allegations information from former integrity commissioner Nikola Stepanov’s office may have been disclosed.)

“So clearly, there are very significant ramifications, and that decision is inconsistent with the way we and our predecessors have practised business in the corruption area for a long time.”

Mr Barbour said being unable to release reports would be “inconsistent with what we believe is important to reduce the risk of corruption in the state.”

Mr Carne’s application to stop the CCC report being made public was dismissed by Supreme Court Justice Peter Davis in September last year, prompting an appeal that was held earlier this month.

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Original URL: https://www.couriermail.com.au/news/queensland/concern-over-what-ccc-can-publish-in-future/news-story/c545174bb2fcfadcbd375943b2ff05c9