Queensland’s corruption watchdog appeals decision that would keep reports secret

Queensland’s corruption watchdog wants High Court to overturn ruling that curbs its powers to publicly release findings from investigations.

Queensland Crime and Corruption Commission chairman Bruce Barbour. Picture: NCA NewsWire / Dan Peled

Queensland’s corruption watchdog will go to the High Court in an effort to overturn a court ruling that would curb its powers to ­publicly release findings from ­investigations.

Former Queensland public trustee Peter Carne earlier in August won an appeal to suppress a Crime and Corruption Commission report that 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 similar legal fight, to also suppress a CCC report that investigated whether she ­im­p­roperly intervened in the ­appoint­ment of a top public ­servant.

If tabled in parliament, reports are protected by parliamentary privilege and therefore immune to legal challenge, including for defamation.

Mr Carne’s lawyers said publication of the report would breach his human rights and claimed he was denied procedural fairness.

Court of Appeal president Debra Mullins and judge Philip McMurdo both ruled in Mr Carne’s favour on August 5, which will keep the CCC report suppressed.

A dissenting judgment from judge Paul Freeburn said the matter should be determined by the “arm of parliament”.

At a parliamentary committee hearing on Friday, CCC chairman Bruce Barbour said there were “major concerns” about the Carne decision, which could set a worrying precedent.

He confirmed that the watchdog would ­appeal to the High Court. “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.”

The point of publicly releasing findings from corruption investigations was to try to raise the “standards of integrity and conduct in units of public administration”, Mr Barbour said.

“If the Carne decision were to stand, there would definitely be concern, I think, in terms of what we would be able to do in the ­future in terms of being open and transparent about our investi­gations and what we conclude in ­relation to the investigations.”

Mr Barbour said there was a growing trend to openness and transparency in the government, following two landmark reviews this year by Tony Fitzgerald and Peter Coaldrake.

“So the idea that we would have a situation where our powers to publicly report about ­important issues were in fact ­reduced, that would be inconsistent with that trend and certainly inconsistent with what we believe is important to reduce the risk of corruption in the state,” he said.

LNP justice spokesman Tim Nicholls said the appeal was vital to ensure the CCC “is not muzzled in doing its duty and more secrets are not swept under the carpet”.

“This decision has far-reaching implications for the fundamental democratic principles of openness and transparency in government and for parliamentary privilege,” he said.

“Both are at the heart of our democracy. It is vital the law is clear and a High Court appeal will resolve any uncertainty about the current law.’’

Premier Annastacia Palaszczuk told parliament this week she would not comment on whether the government would consider legislative change while the appeal process was under way.