An Act to amend the Crime and Corruption Act 2001 and the Crime and Corruption and Other Legislation Amendment Act 2024 for particular purposesThe Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Crime and Corruption (Restoring Reporting Powers) Amendment Act 2025.Part 2Amendment of Crime and Corruption Act 20012Act amendedThis part amends the Crime and Corruption Act 2001.3Amendment of ch 2, hdg (Commission functions, investigations and reporting)Chapter 2, heading, ‘and reporting’—omit, insert—, reporting and statements4Amendment of s 35 (How commission performs its corruption functions)Section 35(1)—insert—

(k)providing information generally about how it performs its corruption functions by reporting and making statements to the public;

(l)reporting on investigations to appropriate authorities and entities if it decides that prosecution proceedings or disciplinary action should be considered;

(m)providing information to the public and to appropriate authorities and entities, by reporting and making public statements, about particular complaints or particular investigations if the commission considers it appropriate and necessary in the circumstances to do so to—

(i)provide transparency about how it performs its corruption functions; or

(ii)assure the public and other authorities and entities that allegations of corruption are appropriately dealt with; or

(iii)continuously improve the integrity of, and reduce the incidence of corruption in, the public sector.

5Amendment of s 46 (Dealing with complaints—commission)Section 46(5)—insert—Note—See section 48B in relation to limitations on the commission’s findings, recommendations and statements.6Amendment of ch 2, pt 3, div 4, sdiv 4, hdg (Miscellaneous provision)Chapter 2, part 3, division 4, subdivision 4, heading, ‘provision’—omit, insert—provisions7Insertion of new s 48BAfter section 48A—insert—48B Limitation on commission’s findings, recommendations and statements(1)Despite any other law, including sections 46, 64, 64A and 65A, the commission must not—

(a)make any finding or statement that a person has or has not engaged in, or is or is not engaging in or about to engage in, corruption; or

(b)make any finding, recommendation or statement that—

(i)a person should be prosecuted for a criminal offence or be the subject of disciplinary action; or

(ii)prosecution proceedings or disciplinary action should be considered in relation to a person; or

(c)make any finding or statement that there is evidence, or insufficient evidence, supporting the start of a proceeding against a person.

(2)However, subsection (1)(b)(ii) and (c) does not apply in relation to—

(a)a report under division 5 or a proceeding relating to the report; or

(b)any information or document that the commission is required to provide to the parliamentary committee or parliamentary commissioner.

(3)To remove any doubt, it is declared that subsection (1) does not prevent the commission making a factual statement—

(a)about a matter or thing that is already in the public domain; or

(b)to indicate that the commission has reported on a corruption investigation under division 5.

8Amendment of s 50 (Commission may prosecute corrupt conduct)(1)Section 50, heading—omit, insert—50Commission may apply to QCAT about corrupt conduct(2)Section 50(1)—omit, insert—(1)This section applies if the commission—

(a)reports to the chief executive officer of a unit of public administration under section 49(2)(f); and

(b)considers there is evidence supporting the start of a disciplinary proceeding against a prescribed person in the unit of public administration in relation to a complaint about, or information or matter involving, corruption.

9Amendment of ch 2, pt 6, hdg (Reporting)Chapter 2, part 6, heading, after ‘Reporting’—insert—and statements10Replacement of ch 2, pt 6, div 1, hdg (Application)Chapter 2, part 6, division 1, heading—omit, insert—Division 1Preliminary11Amendment of s 63 (Application of pt 6)(1)Section 63, heading, ‘pt 6’—omit, insert—part(2)Section 63, ‘performance of crime functions’—omit, insert—commission’s performance of its crime function12Insertion of new s 63AAfter section 63—insert—63ADefinitions for partIn this part—action includes a decision to take no action or discontinue action.corruption matter means—

(a)a complaint about, or information or matter (also a complaint) involving, corruption made or notified to the commission, or otherwise coming to its attention, whether or not the complaint has been assessed or any action has been taken in relation to the complaint under section 46; or

(b)a corruption investigation, whether or not the investigation is complete.

13Amendment of s 64 (Commission’s reports—general)(1)Section 64, heading, ‘Commission’s’—omit, insert—Commission(2)Section 64(2)—insert—Note—See section 48B in relation to limitations on the commission’s findings, recommendations and statements.(3)Section 64—insert—(4A)To remove any doubt, it is declared that, subject to section 63, the commission may report simultaneously in the performance of 1 or more of its functions.(4B)This section does not apply to a report under part 3, division 5.(4)Section 64(4A) to (5)—renumber as section 64(5) to (7).14Insertion of new s 64AAfter section 64—insert—64ACommission reports—particular corruption matters(1)Without limiting section 64, the commission may report on a corruption matter under section 64(1).(2)In making a decision about reporting on a corruption matter under section 64(1), including the preparation of prescribed content and the inclusion of comments under section 64(4) in the report, the commission must consider the following matters—

(a)the need for accountability and transparency in government and the public sector;

(b)whether the report will be for the public benefit;

(c)whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46;

(d)the seriousness of the corruption matter;

(e)whether the report may prejudice—

(i)any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or

(ii)an investigation by the commission or other law enforcement agency;

(f)if a person’s identity is readily apparent, or can reasonably be ascertained, from the report—

(i)whether the standing and status of the person warrants greater public scrutiny; andExamples—

•the person holds a senior role in the public service

•the person is an independent statutory office holder

•the person is an elected official

(ii)whether the report may unreasonably damage the person’s health, safety or wellbeing; and

(iii)the seriousness of the person’s conduct; and

(iv)whether the person consents to being identified; and

(v)whether the report may unreasonably interfere with the person’s privacy or reputation;

(g)any other relevant matter.

(3)Subsection (2) does not limit or otherwise affect—

(a)the operation of section 57; or

(b)the application of any other law to the commission’s decision.Example of another law that may apply to the commission’s decision—Human Rights Act 2019, section 58

(4)To remove any doubt, it is declared that the commission may report on a corruption matter under subsection (1) regardless of whether the commission has reported on the matter under section 49.Note—See also section 331. (5)In this section—prescribed content, for a report, means—

(a)an objective summary of matters that must be included in the report under section 64(2)(b); or

(b)a fair statement of a person’s submission that must be included in the report under section 69B(5) or 69D(4).

15Insertion of new ch 2, pt 6, div 2AChapter 2, part 6—insert—Division 2APublic statements about particular corruption matters65APublic statements(1)The commission may make a statement to the public about a corruption matter (a public statement).(2)A public statement may be made in the way the commission considers appropriate.Examples of ways to make a public statement—

•issuing a media release

•making a verbal statement at a press conference

•publishing information on the commission’s website

(3)A public statement must not include any recommendations in relation to a corruption matter other than a recommendation included in a commission report on the corruption matter that has been tabled in the Legislative Assembly, or published, under section 69.Note—See also section 48B.(4)In making a decision about making a public statement about a corruption matter under subsection (1), including the information to be included in the statement, the commission must consider the following matters—

(a)the need for accountability and transparency in government and the public sector;

(b)whether the statement will be for the public benefit;

(c)whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46;

(d)the seriousness of the corruption matter;

(e)whether the statement may prejudice—

(i)any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or

(ii)an investigation by the commission or other law enforcement agency;

(f)whether the statement is the most appropriate and suitable means of releasing information about the corruption matter to the public;Examples of when a public statement may be the most appropriate and suitable means of releasing information—

•to provide information about a procedural step taken by the commission in relation to a complaint about, or information or matter involving, corruption

•to provide factual information about the outcome of a charge or other proceeding resulting from a corruption investigation

(g)if a person’s identity is readily apparent, or can reasonably be ascertained, from the statement—

(i)whether the standing and status of the person warrants greater public scrutiny; andExamples—

•the person holds a senior role in the public service

•the person is an independent statutory office holder

•the person is an elected official

(ii)whether the statement may unreasonably damage the person’s health, safety or wellbeing; and

(iii)the seriousness of the person’s conduct; and

(iv)whether the person consents to being identified; and

(v)whether the statement may unreasonably interfere with the person’s privacy or reputation;

(h)any other relevant matter.

(5)Subsection (4) does not limit or otherwise affect—

(a)the operation of section 57; or

(b)the application of any other law to the commission’s decision.Example of another law that may apply to the commission’s decision—Human Rights Act 2019, section 58

(6)This section does not limit section 174, other than to the extent mentioned in section 174(3).(7)In this section—information, for a statement, includes—

(a)any comments and other material that may be included in the statement; and

(b)a fair statement of a person’s submission that must be included in the statement under section 69B(5) or 69D(4).

16Amendment of s 66 (Maintaining confidentiality of information)(1)Section 66(1), ‘Act about reporting,’—omit, insert—Act or another law about reporting, or the making of a statement to the public,(2)Section 66(1)(a) and (b), after ‘report’—insert—or statement(3)Section 66(2), from ‘report to which’ to ‘in a report’—omit, insert—report or statement to which confidential information is relevant or, in a report or statement(4)Section 66—insert—(5)A document mentioned in subsection (2)(a) or (b) is not a commission report for section 69.(6)In this section—report includes a draft report mentioned in section 69B(2)(a)(i)(A) or 69D(2)(a)(i)(A).statement includes a draft statement mentioned in section 69B(2)(a)(ii)(A) or 69D(2)(a)(ii)(A).17Amendment of s 68 (Giving of reasons)Section 68(b), before ‘report’—insert—commission18Amendment of s 69 (Commission reports to be tabled)(1)Section 69(1) and (2)— omit.(2)Section 69(7), ‘subsection (6)’—omit, insert—subsection (4)(3)Section 69(8)—omit, insert—(8)This section does not apply to a commission report to which section 65 applies.(4)Section 69(3) to (8)—renumber as section 69(1) to (6).19Insertion of new ch 2, pt 6, div 4AChapter 2, part 6—insert—Division 4AProcedural provisions69ADefinitions for divisionIn this division—adverse comment, about a person, means adverse comment, whether true or not, by any person, including the commission, about a person whose identity is readily apparent, or can reasonably be ascertained, regardless of whether the person is identified by name.related evidence, in relation to adverse comment about a person, means evidence and other information or material in the possession of the commission on which the adverse comment about the person is based.related evidence summary see section 69B(2)(b).relevant person, in relation to a commission report, means the chairperson of the parliamentary committee, the Speaker or the Minister.69BAdverse comment(1)This section applies if the commission proposes to make an adverse comment about a person in—

(a)a commission report required to be tabled in the Legislative Assembly, or published, under section 69; or

(b)a public statement.

(2)Without limiting the commission’s obligation to provide procedural fairness to the person, before the commission gives the commission report to a relevant person or makes the public statement, the commission must—

(a)give the person—

(i)in relation to a commission report—

(A)a copy of the report in draft form (the draft report); or

(B)an extract from the draft report containing the adverse comment; or

(ii)in relation to a public statement—

(A)a copy of the statement in draft form (the draft statement); or

(B)if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and

(b)give the person a copy of any related evidence, or a summary of the substance or significant part of any related evidence (a related evidence summary), that is not contained in the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

(c)give the person a written notice—

(i)inviting the person to make a submission to the commission on—

(A)the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

(B)the related evidence or related evidence summary; and

(ii)stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.

(3)Within 14 days after receiving the notice, the person may apply to the commission for an extension of time, of no more than 60 days unless there are exceptional circumstances, in which to make a submission.(4)The commission must consider any submission received from the person by the day stated in the notice or within any extended time for making a submission granted by the commission or the Supreme Court under section 69C.(5)If after considering a submission under subsection (4) the commission still proposes to include adverse comment about the person in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.(6)If the commission proposes to include further adverse comment about the person in the commission report or public statement, in addition to the adverse comment mentioned in subsection (1), subsections (2) to (5) apply to the further adverse comment.(7)Subsection (2) does not apply in relation to a public statement if—

(a)the statement only provides a factual and objective summary of a commission report; and

(b)the commission has complied with this section in relation to the report.

(8)To remove any doubt, it is declared that subsection (2)(b) does not require the commission to give a person a copy of evidence and other information or material in its possession if the commission considers the confidentiality of the evidence, information or material should be strictly maintained.69CApplication to court for extension of time to make submission(1)This section applies if—

(a)a person applies for an extension of time under section 69B(3) (the extension application); and

(b)the commission decides to refuse the extension application.

(2)The commission must give the person an information notice for its decision.(3)Within 14 days after receiving the information notice, the person may apply to the Supreme Court to decide the extension application.(4)The commission must not give the commission report to a relevant person or make the public statement before—

(a)the end of the period in which a person may apply to the Supreme Court under subsection (3); or

(b)if an application is made under subsection (3)—the application is decided or withdrawn.

(5)The Supreme Court must deal with an application under subsection (3) expeditiously.(6)The application may be heard in closed court.(7)The Supreme Court may hear the application in any way it considers appropriate, including, for example, by hearing the matter afresh.(8)On hearing the application, the Supreme Court may—

(a)affirm the commission’s decision; or

(b)set aside the commission’s decision and grant an extension of time, of no more than 60 days unless there are exceptional circumstances, within which the person may make a submission to the commission on—

(i)the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

(ii)the related evidence or related evidence summary.

(9)The Supreme Court must give reasons for the court’s decision, which may be given orally.(10)In this section—information notice, for a decision, means a written notice stating the following information—

(a)the decision;

(b)the reasons for the decision;

(c)that the person to whom the notice is given may apply to the Supreme Court under subsection (3) in relation to the decision;

(d)how, and the period within which, the application may be made;

(e)the effect of subsection (4).

69DOther identifying information(1)This section applies if—

(a)the commission proposes to include identifying information about a person in—

(i)a commission report required to be tabled in the Legislative Assembly, or published, under section 69; or

(ii)a public statement; and

(b)section 69B does not apply.

(2)Before the commission report is given to a relevant person or the public statement is made, the commission may—

(a)give the person—

(i)in relation to a commission report—

(A)a copy of the report in draft form (the draft report); or

(B)an extract from the draft report containing the identifying information; or

(ii)in relation to a public statement—

(A)a copy of the statement in draft form (the draft statement); or

(B)if the draft statement applies to more than 1 person—the part of the draft statement that applies to the person; and

(b)give the person a written notice—

(i)inviting the person to make a submission to the commission on the draft report or extract from the draft report, or the draft statement or part of the draft statement; and

(ii)stating the day, not earlier than 30 days after the notice is given, by which the submission must be made to the commission.

(3)The commission must consider any submission received from the person by the day stated in the notice.(4)If the person makes a submission to the commission in response to the notice mentioned in subsection (2)(b) and the commission still proposes to include the identifying information in the commission report or public statement, the commission must ensure the person’s submission is also fairly stated in the report or statement.(5)In this section—identifying information means any comment, information, opinion or other material that identifies a person or from which a person can reasonably be identified.20Amendment of s 71 (Giving other information to parliamentary committee)Section 71, ‘a report’—omit, insert—a commission report given to the chairperson of the committee21Omission of s 71A (Report containing adverse comment)Section 71A—omit.22Amendment of s 85AA (Giving notices by email)Section 85AA(3), after ‘However,’—insert—if the person is an individual,23Amendment of s 174 (Commission’s powers generally)(1)Section 174(1), after ‘functions’—insert—, including, for example, the power to make a statement to the public(2)Section 174—insert—(2A)The commission’s power under subsection (1) in relation to the performance of its corruption functions, and its prevention function to the extent it relates to corruption, does not include power to make a statement to the public about—

(a)a particular complaint about, or information or matter involving, corruption; or

(b)a particular corruption investigation.

Note—See chapter 2, part 6, division 2A.(3)Section 174(2A) and (3)—renumber as section 174(3) and (4).24Amendment of s 214 (Unauthorised publication of commission reports)(1)Section 214, heading, after ‘reports’—insert—and other restricted information(2)Section 214—insert—(2)A person who is given restricted information by the commission under chapter 2, part 6, division 4A must not disclose the information to anyone else unless the person has a reasonable excuse.Example of a reasonable excuse—giving restricted information to the person’s lawyer for the purpose of obtaining legal adviceMaximum penalty—85 penalty units or 1 year’s imprisonment.(3)In this section—commission report includes an extract from a commission report.disclose includes publish and give access to.information includes a document.public statement includes part of a public statement.restricted information means—

(a)a copy of a commission report, or a public statement, in draft form; or

(b)any evidence and other information or material relating to a report or statement mentioned in paragraph (a).Example for paragraph (b)—related evidence under section 69A

25Amendment of s 256 (Engagement of agents)Section 256(1), ‘To meet temporary circumstances, the’—omit, insert—The26Amendment of s 269 (Delegation—commission)Section 269(6), table, ‘(Commission may prosecute corrupt conduct)’—omit, insert—(Commission may apply to QCAT about corrupt conduct)27Amendment of s 331 (Effect of pending proceedings)Section 331(1)(b), after ‘a report’—insert—, under chapter 2, part 3, division 5 or part 6,28Replacement of s 341 (Personnel changes do not affect commission’s power to make findings or report)Section 341—omit, insert—341Changes in commission’s constitutionThe commission may perform a function, or exercise a power, under this or another Act on the basis of all evidence presented to it, regardless of any change in the constitution of the commission.29Amendment of ch 8, hdg (Repeals and transitional, declaratory, and savings provisions)Chapter 8, heading, after ‘declaratory,’—insert—validation30Insertion of new ch 8, pt 21Chapter 8—insert—Part 21Crime and Corruption (Restoring Reporting Powers) Amendment Act 2025470Definitions for partIn this part—former, for a provision of this Act, means the provision as in force from time to time before the commencement.new, for a provision of this Act, means the provision as in force from the commencement.471Validation of past reports(1)This section applies to a report on a particular complaint about, or information or matter involving, corruption or a particular corruption investigation that was—

(a)before 13 September 2023, purportedly prepared or made under former section 64; and

(b)before the introduction day—

(i)tabled in the Legislative Assembly; or

(ii)purportedly published under former section 69.

(2)The report and any accompanying document, and any action taken or decision made by the commission in relation to the report, including publication of the report to another person, is taken to be, and to have always been, as valid and lawful as it would be or would have been if—

(a)the report were prepared or made under new section 64A; and

(b)the commission had complied with this Act and any other law applying in relation to the preparation and making of the report; and

(c)the report were signed by the chairperson under new section 69; and

(d)the report and accompanying document were given, and tabled or published, under new section 69.

(3)For subsection (2)(a), new section 64A(2) is taken not to have applied to the report or the commission’s decisions in relation to the report. (4)In this section—action includes a failure to take action.decision includes a failure to make a decision.introduction day means the day the Bill for the Crime and Corruption (Restoring Reporting Powers) Amendment Act 2025 was introduced into the Legislative Assembly.report includes a copy of a report and a report in draft form. 472Validation of past public statements(1)This section applies to a statement prepared and made to the public, before 13 September 2023, by the commission about—

(a)a particular complaint about, or information or matter involving, corruption; or

(b)a particular corruption investigation.

(2)The statement, and any action taken by the commission in relation to the statement, is taken to be, and to have always been, as valid and lawful as it would be or would have been if the statement were prepared and made under new section 65A.(3)For subsection (2), new section 65A(3) and (4) is taken not to have applied to the statement or the commission’s decisions in relation to the statement. 473Application of new provisions in relation to complaints and investigationsSubject to sections 471 and 472, the new provisions of this Act apply to a complaint about, or information or matter (also a complaint) involving, corruption or a corruption investigation—

(a)whether the complaint was made or notified to the commission before, or is made or notified to the commission after, the commencement; and

(b)whether the investigation was completed before, or is started before and completed after, the commencement; and

(c)whether the complaint or investigation relates to conduct that happened, or is suspected to have happened, before the commencement.

31Amendment of sch 2 (Dictionary)(1)Schedule 2—insert—action, for chapter 2, part 6, see section 63A.adverse comment, about a person, for chapter 2, part 6, division 4A, see section 69A.corruption matter, for chapter 2, part 6, see section 63A.public statement see section 65A(1).related evidence, in relation to adverse comment about a person, for chapter 2, part 6, division 4A, see section 69A.related evidence summary, for chapter 2, part 6, division 4A, see section 69B(2)(b).(2)Schedule 2, definition commission report, after ‘part 6’—insert—and includes the report’s foreword and appendixes(3)Schedule 2, definition relevant person—insert—

(e)in relation to a commission report, for chapter 2, part 6, division 4A, see section 69A.

Part 3Amendment of Crime and Corruption and Other Legislation Amendment Act 202432Act amendedThis part amends the Crime and Corruption and Other Legislation Amendment Act 2024.33Omission of s 9 (Amendment of s 50 (Commission may prosecute corrupt conduct))Section 9—omit.Editor’s note—Legislation ultimately amended—

•Crime and Corruption Act 2001

34Omission of s 11 (Amendment of s 69 (Commission reports to be tabled))Section 11—omit.Editor’s note—Legislation ultimately amended—

•Crime and Corruption Act 2001

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