Landmark review paves way for release of CCC report into Jackie Trad

Criticism of MPs will be banned under a CCC overhaul that will also pave the way for the public release of reports into Jackie Trad and ex-public trustee Peter Carne.

Former Queensland deputy premier Jackie Trad.

Secret reports into the conduct of former deputy premier Jackie Trad and ex-public trustee Peter Carne can be released and criticism of politicians banned under a major overhaul of the Crime and Corruption Commission’s powers.

A 463-page report by former chief justice Catherine Holmes has been endorsed by the state government, which will introduce legislation “as a matter of priority” to facilitate the release of the CCC’s previous reports, including those into Ms Trad and Mr Carne.

However Ms Holmes has recommended changes to how the CCC makes public statements, which would ban the watchdog from making critical commentary or expression of opinion about the conduct of an elected official if they had not been found guilty of a related offence.

It is unknown whether reports into Ms Trad or Mr Carne meet the thresholds recommended by Ms Holmes and soon to become law.

Former public trustee Peter Carne

However the CCC would have the ability to rewrite the reports and make them public.

Neither Ms Trad or Mr Carne has been accused of wrongdoing.

The former chief justice recommended public reports on corruption investigations be allowed where serious corrupt conduct is substantiated.

Elected officials can be the subject of a report even if corruption allegations are not proven, provided the report is factual and in the public interest.

The state government said it would be a “matter for the CCC how it chooses to operationalise the new reporting model” and apply it to previous reports.

The state government will adopt all 16 recommendations, which Ms Holmes said should operate retrospectively and struck a positive balance.

“The conclusions I have reached almost certainly will not please all, but they set up a workable regime which balances the considerations of human rights protection and the desirability of public sector transparency and accountability,” she said.

Premier Steven Miles.

“I have not seen either of the Carne or Trad reports, and it was unnecessary that I do so in order to formulate objective criteria for publication of investigation reports and statements.”

Ms Holmes revealed Ms Trad, through her counsel, made a submission to the review.

Attorney-General Yvette D’Ath received the results of Ms Holmes three-month review on May 20.

It was considered by Cabinet on Monday, before stakeholders were offered a briefing Tuesday.

Attorney-General Yvette D’Ath said the government would move “swiftly” to legislate Ms Holmes’s recommendations.

“There is a clear public interest in the CCC being able to report on corruption matters,” she said.

“This is vital for the transparency and accountability of our democratic institutions.

“Public reporting cannot occur at the expense of due process and proper regard to individual rights. Respect for these values is equally important.”

Attorney-General Yvette D'Ath. Picture: Liam Kidston

It was launched in response to the High Court’s September decision to muzzle the watchdog from reporting corruption investigations.

The LNP has criticised the state government’s delay in changing laws to release the reports into Ms Trad and Mr Carne.

Shadow Attorney-General Tim Nicholls on Tuesday accused the government of “running away” from the release of the two documents.

“What it knows, we don’t know, but it’s obviously embarrassing. Why would they fight so hard to keep them quiet otherwise?”

Ms D’Ath said anti-corruption experts should not be able to criticise politicians and public servants in their investigations, as it would lead to them imposing their personal opinions rather than sticking to facts.

Ms D’Ath insisted the ban did not take away any power from the CCC and the recommendation would serve to protect individuals from “significant reputational damage and personal hardship”.

She said critical opinions were “not necessarily based on the evidence of fact” and would not be subject to the rule of law or cross examination.

“So of course there’s got to be a balance in relation to the public interest,” she said.

“It is not their (CCC) role to make critical commentary or opinions beyond the facts and the findings of whether it meets the relevant thresholds of that body.

“The factual information is what the public has the right to know.”

The recommendation would not ban the CCC from critiquing systematic issues relating to government bodies.

Ms D’Ath refused to say whether she supported the Jackie Trad report being released, but said the costs of keeping the report hidden will soon be made available to the public.

She also refused to comment on whether the CCC should be able to include its opinion on matters where an individual was found to have created corruption risk, as identified in a 2020 investigation into Jackie Trad’s involvement in the appointment of a school principal.

The government is receiving advice on how long it would take for the CCC legislation to be tabled in parliament.

“We’d like to get it done as quickly as possible before the election,” Ms D’Ath said.

The government has agreed to support all 16 recommendations made in the report.

To enhance the CCC’s independence, the CCC will also be able to table its reports directly through the Speaker in the Parliament.

Queensland deputy opposition leader Jarrod Bleijie during parliament sitting in Brisbane. Picture: Tertius Pickard

The LNP has vowed to release the CCC report into Jackie Trad in full and unsanitised if it comes to power after the October election and would change laws to make that happen.

Deputy Opposition Leader Jarrod Bleijie said if the state government didn’t support the LNP’s private members bill to arm the CCC with retrospective reporting powers that don’t muzzle them from being critical of elected representatives, then the LNP would make it happen.

“If the Labor Party don’t support that bill in Parliament, and we don’t have the Trad report released before the election, then that bill will be reintroduced to the Parliament and we will release the Jackie Trad report,” he said.

“You must allow the independent bodies like the CCC to do their job properly.

“If they believe that being critical of a member of parliament will form better politicians … better public policy, particularly in respect to openness and transparency, then that’s what should happen.”

Opposition justice spokesman Tim Nicholls said there remained significant uncertainty around what the CCC could or couldn’t include in a public report, and warned there was a “real danger” the new rules would “act to sanitise any report so that it in effect becomes meaningless”.

Mr Nicholls said this could potentially mean reports like CCC’s investigation into the “Mangocube” email held by former Transport Minister Mark Bailey would not have been able to make “critical commentary” about the case.

The CCC after substantive investigations which included bringing in the state archivist it found Mr Bailey had no case to answer under law.

But the CCC warned it remains of the “strong view” that it was “undesirable for Members of Parliament or their staff to generally use private email accounts to conduct parliamentary business”.

The LNP will consider the Holmes report into the CCC before confirming which recommendations it supports.