Court rules Crime and Corruption Commission report into former public trustee to remain secret

Queensland’s former public trustee Peter Carne has won an appeal to suppress a corruption watchdog report, which outlines allegations of wrongdoings.

Former Queensland public trustee Peter Carne argued publication of the report would breach his human rights. Picture: Philip Norrish

Findings from misconduct investigations into politicians and public servants could be kept secret after a landmark court decision in Queensland.

Former Queensland public trustee Peter Carne on Friday won an appeal to suppress a corruption watchdog report, which details ­alleged wrongdoing during his time in the public service.

The decision could be used by former deputy premier Jackie Trad, who is in a separate legal fight to also suppress a CCC report that investigated whether she ­improperly intervened in the ­appointment of a top public ­servant.

Mr Carne, a Labor identity and former law partner of late premier Wayne Goss, resigned as public trustee in July 2020.

He had been issued a show-cause notice by former attorney-general ­Yvette D’Ath asking why he should not be sacked for serious allegations, including being intoxicated at work, absent without leave, conflicts of interest and bullying of staff.

The Crime and Corruption Commission compiled a report into alleged misconduct, including that Public Trustee Office resources were used to fund Mr Carne’s personal study.

The CCC determined that no criminal prosecution against Mr Carne would be pursued. The ­report was handed to a parliamentary committee for ­tabling in the Legislative Assembly, which would allow allegations to be ­detailed publicly for the first time.

Mr Carne launched legal ­action in the Supreme Court to suppress the release of the report, which would be protected by parliamentary privilege and therefore immune to legal challenge, including defamation.

He argued publication of the report would breach his human rights and claimed he was denied procedural fairness.

Mr Carne’s barrister, Jonathan Horton, said accusations made against the former public trustee were not determined in the report.

“It is inappropriate to publish a report which consists only of allegations and then have Mr Carne suffer the personal and reputational damage the publication would bring, especially when Mr Carne’s ill health has prevented him from answering the alle­gations,” he said last year.

Court of Appeal president Debra Mullins and judge Philip McMurdo both ruled to allow the appeal – which will keep the CCC report suppressed – despite a dissenting judgment from judge Paul Freeburn, who said the matter should be determined by the “arm of parliament”.

Opposition legal affairs spokesman Tim Nicholls said it was his “strong view” that the CCC must appeal this decision and take the matter to the High Court.

“If today’s ruling is allowed to stand, the CCC will be rendered a toothless tiger because it will not be able to report on maladministration and misadministration,” he said.

“The bar has been set so high that only cases where corruption has been charged will the CCC be able to report. Under this ruling, poor and incompetent behaviour that deserves to be exposed will now be kept secret.”

A CCC spokesman said the watchdog was “considering the decision and what implications it may have for the work of the ­commission”.

Political and legal insiders told The Weekend Australian the ­decision could have big implications for a similar legal challenge being fought Ms Trad.

Ms Trad last year sought a court order to block the release of a CCC report investigating whether she ­improperly interfered in the 2019 appointment of under-treasurer, Frankie Carroll.

Ms Trad denies wrongdoing in relation to the allegations.