Queensland corruption watchdog in transparency win

The High Court looks set to decide whether findings from misconduct investigations into Queensland politicians and public servants should be published or suppressed.

Queensland Public Trustee Peter Carne. Picture: Philip Norrish

The High Court looks set to ­decide whether findings from misconduct investigations into Queensland politicians and public servants should be published or kept secret, after a legal win by the state’s corruption watchdog.

Crime and Corruption Commission lawyers on Thursday were granted leave to challenge an August decision of the Queensland Court of Appeal, which ruled a CCC report into former public trustee Peter Carne should be suppressed because it did not deal with corruption.

The Carne matter is a precedent-setter for Queensland, and is likely to determine whether ­another CCC report – into former deputy premier and treasurer Jackie Trad and whether she ­improperly intervened in the ­appointment of a senior public servant – can be published.

The CCC report detailed ­alleged misconduct by Mr Carne – a former law partner of late Labor premier Wayne Goss – ­including that Public Trustee ­Office resources were used to fund his personal study, but said no criminal prosecution would be pursued.

Mr Carne resigned as public trustee in July 2020 after then-attorney-general Yvette D’Ath ­issued him with a show-cause ­notice asking why he should not be sacked for serious allegations including being drunk at work, absent without leave, bullying and conflicts of interest.

The CCC had sent the investigation report to the Parliamentary Crime and Corruption Commission Committee. If the document had been tabled in the Legislative Assembly, it would have been protected by parliamentary privilege, meaning people who repeated the allegations would not be able to be sued for defamation.

Mr Carne launched legal ­action in the Supreme Court to suppress the report, arguing its airing would breach his human rights, and claiming he had been denied procedural fairness.

On Thursday in Canberra lawyers sought special leave to ­appeal in eight separate matters; the Carne case was the only ­application granted by the High Court.

In August, CCC chair Bruce Barbour said the Carne Court of Appeal decision could set a worrying precedent, preventing the watchdog from publishing findings from misconduct investigations. “The CCC and its predecessors have regularly reported on the outcomes of, and lessons learned from, corruption investigations,” he said.

“Clearly, there are very significant ramifications, and that decision is inconsistent with the way we and our predecessors have practised business in the corruption area for a long time. That’s why it’s important for us to seek a review.”

Mr Barbour said such findings were published in an attempt to raise “the standards of integrity and conduct in units of public ­administration”.

Opposition deputy leader ­Jarrod Bleijie said it “was a small step in the right direction for transparency in Queensland”.