Queensland’s corruption watchdog takes fight to release report to High Court

A precedent-setting appeal involving that state’s corruption watchdog and a former top public servant has begun in the High Court.

The High Court of Australia is hearing the Queensland integrity watchdog’s appeal in its fight to have a report about one of its corruption investigations made public. Photo: NCA Newswire/Gary Ramage

Queensland’s corruption watchdog is arguing in the High Court of Australia that it should be able to publicly detail allegations involving the state’s former public trustee, Peter Carne.

The Crime and Corruption Commission’s appeal against a Queensland Court of Appeal decision to block the release of a report into alleged misconduct by Mr Carne during his public service began on Tuesday.

The High Court in December granted the CCC special leave to appeal against the Queensland Court of Appeal’s ruling, with a decision expected as early as Wednesday after two days of hearings before five justices in Canberra.

The potentially precedent-setting case centres on the CCC’s lengthy battle to make public the report detailing the accusations against Mr Carne, while the former top bureaucrat has been fighting to keep the document secret.

The CCC investigated Mr Carne from 2018 to 2020 after receiving a complaint that made allegations of corrupt conduct against him, including improper use of Public Trustee Office resources.

The CCC didn’t pursue any criminal charges against Mr Carne before he resigned as public trustee later in 2020.

He served in the role – which involves holding powers of attorney over Queensland residents who can’t manage their own affairs, as well as managing deceased estates – from 2009 to 2014 and again from 2016 until he quit.

Peter Carne, Queensland’s former public trustee, wants the report to be kept secret.

In 2021, the Queensland Supreme Court ruled the report detailing the accusations against Mr Carne could be made public through a parliamentary process.

Mr Carne challenged the decision in the Court of Appeal last year.

Two of the three Queensland justices in the matter allowed his appeal, blocking the release of the report and prompting the CCC to take its legal fight to the High Court.

The CCC’s barrister, Peter Dunning, told the High Court on Tuesday the integrity watchdog was legally empowered to make a report of this kind and that this document could be made public in state parliament under parliamentary privilege.

Mr Dunning argued that, under the section 69 of the state’s Crimes Act, the CCC should be able to present reports to a state parliamentary committee that would then be passed onto the Speaker in the Legislative Assembly to be tabled and publicly released.

The High Court of Australia is hearing the CCC’s appeal. Photo: NCA Newswire/Gary Ramage

He said the CCC even had the requisite “statutory infrastructure” to prepare a report of its own volition and then ask a parliamentary committee for the direction to present it with said report so that it could be tabled in parliament.

The High Court on Tuesday was told the CCC completed its investigation into Mr Carne on April 23, 2020 and prepared three separate documents at the time.

The CCC wrote to the Queensland Attorney-General, it wrote to Mr Carney’s solicitor informing them the probe had concluded, and it sent a report to the Public Trustee Office in which it set out its recommendations.

Mr Dunning said producing these three reports wouldn’t prevent the CCC from making other reports about the matter because that was part of the watchdog’s functions to enhance public confidence in integrity.

Asked why the parliamentary committee didn’t simply request a copy of the report the CCC had sent to the Public Trustee Office, Mr Dunning said the advice in that report was “different” from the one prepared to be tabled in parliament.

Lawyers for Mr Carne as well as the Commonwealth Attorney-General will have their say in the High Court before a decision is made, with the case to resume on Wednesday morning.

The outcome may have implications for a similar, separate case brought by former Queensland treasurer Jackie Trad, who is also fighting to keep secret a CCC report into allegations she improperly intervened in the recruitment of a senior public servant in 2019.

Ms Trad and Mr Carne have both denied any wrongdoing.

Originally published as Queensland’s corruption watchdog takes fight to release report to High Court