CCC review could lead to release of Trad report

The LGAQ has slammed ongoing delays in implementing recommendations made more than 18 months ago in a Commission of Inquiry into the CCC that could pave the way for a report into former deputy premier Jackie Trad to be released.

Former chief justice Catherine Holmes

• Editor’s view: Vital role recognised

Queensland’s former chief justice will lead a three-month review into the Crime and Corruption Commission’s ability to publish reports about its investigations – which could pave the way for a report into former deputy premier Jackie Trad to be released.

Premier Steven Miles will today announce former chief justice Catherine Holmes will lead the independent review.

The state government will also extend journalist shield laws to CCC proceedings, ensuring journalists cannot be compelled to provide information, documents or answer questions where this would disclose the identity of a confidential source.

The High Court last year found the CCC could not table its reports in the Queensland parliament in relation to its investigations of Ms Trad and former public trustee Peter Carne – who are not accused of wrongdoing.

The state government has sought legal advice and stakeholder views but has not revealed the outcome.

Instead, Ms Holmes will lead the three-month review as Mr Miles acknowledges the “need to legislate new reporting powers for the CCC”.

He said the issue of whether any legislative amendments should be made to operate retrospectively – allowing reports into Ms Trad and Mr Carne to be published – would also be considered.

Mr Miles noted publishing reports about individual corruption matters raised complex legal, ethical and human rights issues.

A CCC report into former deputy premier Jackie Trad has been suppressed.

He said Ms Holmes’s review would seek to ensure any legislative amendments struck the proper balance between an individual’s rights and the broader public interest.

Ms Holmes’s recommendations will be delivered to Attorney-General Yvette D’Ath by May 20, considered by Cabinet and released in full.

“Another reform to the CCC the government has been carefully considering is to what extent they should be able to publicly report their investigations,” Mr Miles said.

“Finding the right balance between allowing the CCC to do their job while also protecting the human rights of individuals is important.”

The Local Government Association of Queensland, representing 77 councils, says it is “increasingly concerned” over the delays.

A progress report into the Fitzgerald and Wilson inquiry recommendations – following the CCC’s botched prosecution of several councillors and the sacking of Ipswich City Council in 2018 – noted legislative amendments would be introduced “in early 2024”.

“People’s lives were destroyed and the reputation of our chief corruption watchdog was brought into significant disrepute,” LGAQ CEO Alison Smith said.

“It has been over 18 months since that report was handed down, which included key recommendations urgently needed to overhaul the remit of our state’s corruption watchdog.

“Implementing these recommendations was urgent in August 2022.”

Ms Smith said the LGAQ had “grave concerns” about how much longer until the recommendations would be introduced.

“We also must not forget the real human cost of the litany of failed CCC prosecutions,” she said.

“There has been no apology, and no compensation paid to date.”

Ms D’Ath said before the High Court’s decision the CCC’s ability to prepare and publish reports had not been challenged or tested.

“There is a clear public interest in the CCC being able to publicly report on corruption matters, however what should be reported and the parameters of that power is complex,” she said.

“The CCC has highly coercive investigative powers, and its reports and statements can cause significant prejudice to individuals who are not otherwise subject to criminal or disciplinary action. That’s why we are taking action with a short, sharp and targeted independent review that will consider the legal and human rights implications of such reporting.”

While the government will also extend shield laws for journalists, these will not apply where revealing even a confidential source is in the public interest.

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

Proposed new laws would also require the CCC to seek the advice of the director of public prosecutions about a decision to charge.