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Queensland Parliament live blog: Report recommends Royal Commission into Crime and Corruption Commission

A report has recommended a Royal Commission be launched into the Crime and Corruption Commission after it was found to have operated outside the limits of its powers  in charging Logan councillors with fraud. 

A bombshell report has recommended a Royal Commission be launched into the state's Crime and Corruption Commission following damning findings it operated outside the limits of its powers and "failed to act independently and impartially" in charging Logan councillors with fraud. 

The  damning Parliamentary Crime and Corruption Commission report, released by chair Jon Krause, found the CCC "failed in the role entrusted to it by this parliament".

Mr Krause said the committee recommended a Commission of Inquiry be launched to review the structure and powers of the CCC.

He recommended the powers of the CCC Chair Alan MacSporran be investigated and curbed following the watchdog's bungled handling of the Logan inquiry.

Mr Krause said the committee's investigation found the CCC's charging of Logan councillors with fraud was likely motivated by a desire to assist the dismissal case of CEO Sharon Kelsey.

He said the CCC "acted improperly" by charging the councillors with fraud and "failed in its duty to act at all times independently and impartially".

He said the investigations "painted a picture of remarkable dealings between the CCC and a private firm of lawyers acting for Ms Kelsey".

CCC chairman Alan MacSporran File picture: Liam Kidston
CCC chairman Alan MacSporran File picture: Liam Kidston



Mr Krause said Mr Macsporran "did not ensure the CCC acted independently and impartially".

The committee recommended consideration given for the CCC to be forced to obtain independent advice from the Director of Public Prosecutions before laying charges.

Counsel Assisting the Inquiry in October recommended the parliament consider terminating Mr MacSporran's tenure as Chair. 

The PCCC report laid out 14 "very serious findings" about the CCC and its actions.

"The committee finds that the CCC has exceeded the specific limits on its powers under the Public Interest Disclosure Act 2010 in the Logan City Council matter and the Crime and Corruption Act 2001 (in regards to assistance within the Queensland Industrial Relations Commission process), and further finds that the CCC Chairperson did not ensure the CCC acted independently and impartially," the report said.

"This inquiry was about that Logan matter."However, the findings and recommendations of the committee should be seen as the starting point to ensuring that events about which the committee makes serious findings are never repeated."

The committee was particularly damning in how the CCC acted in assisting whistleblower and sacked Logan City Council chief executive Sharon Kelsey in her Queensland Industrial Relations Commission case that sought to have her reinstated in the job.

The committee criticised the CCC's actions, including in sharing documents it had obtained under compulsion, and said that breached its duty to act independently and impartially under the Crime and Corruption Act 2001.

It found the material prepared for the consideration of commencing criminal proceedings against the seven councillors and further proceedings against the mayor for fraud in respect to Ms Kelsey were "inadequate".

"The committee finds that the discretion to charge the seven Logan City Councillors and Mayor with fraud was affected by a desire to assist Ms Kelsey," the report reads.

" ... The committee finds that as Chairperson, Mr Alan MacSporran QC, did not ensure that the Crime and Corruption Commission acted, at all times relevant to the matters the subject of the inquiry resolution, independently and impartially."

"That failing is serious and reflects poorly on the Crime and Corruption Commission."

The committee made six recommendations, but rejected a submission by the Council Assisting that they recommend the removal of Mr MacSporran.

Several of them relate to wanting the powers of the CCC reviewed, with the possibility of curbing them.

That included consideration of the CCC's powers to disseminate information obtained by use of their extraordinary powers and whether the CCC should be required to seek the recommendation of the Director of Public Prosecutions or a senior independent legal advisor before laying serious criminal charges.

It also recommended "a review of the CCC's structure in regards to its investigatory and charging functions, and the role of seconded police officers at the CCC, as a Commission of Inquiry or similar, to be headed by senior counsel of sufficient standing to consider this structural basis of the CCC that has its roots in the Fitzgerald inquiry".

The committee also asked the government to review protections afforded to whistleblowers, including the roles of the CCC and others relating to whistleblowers.

Earlier in the day, protesters descended on Queensland Parliament ahead of the final sitting day of the year.

About 50 climate protesters, including Brisbane councillor Jonathan Sri, blocked the gates of the parliamentary annexe at the on-ramp to the Pacific Motorway.
They chanted “we will be back” before dispersing. 
 
 
About 50 climate protesters, including Brisbane councillor Jonathan Sri, blocked the gates of the parliamentary annexe. Picture: Hayden Johnson
About 50 climate protesters, including Brisbane councillor Jonathan Sri, blocked the gates of the parliamentary annexe. Picture: Hayden Johnson

 

Originally published as Queensland Parliament live blog: Report recommends Royal Commission into Crime and Corruption Commission

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Original URL: https://www.goldcoastbulletin.com.au/news/queensland/queensland-parliament-live-blog-protesters-provide-rowdy-start-to-final-sitting-day-in-2021/live-coverage/34f6c65ec99f861c64e112268d95efff