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CRIME AND MISCONDUCT AND OTHER LEGISLATION AMENDMENT BILL 2014

          Queensland



Crime and Misconduct and
Other Legislation Amendment
Bill 2014

 


 

 

Queensland Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 2 Amendment of Crime and Misconduct Act 2001 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 6 Amendment of s 4 (Act's purposes) . . . . . . . . . . . . . . . . . . . . . . . 13 7 Amendment of s 5 (How Act's purposes are to be achieved). . . . 13 8 Omission of s 13 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 Replacement of ch 1, pt 4, div 2, hdg and ss 14 and 15 . . . . . . . 14 Division 2 Corrupt conduct 13 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Meaning of corrupt conduct . . . . . . . . . . . . . . . . . . . . 14 10 Amendment of s 23 (Commission's prevention function) . . . . . . . 16 11 Amendment of s 24 (How commission performs its prevention function) ......................................... 16 12 Replacement of s 33 (Commission's misconduct functions) . . . . 17 33 Commission's corruption function. . . . . . . . . . . . . . . . 17 13 Amendment of s 34 (Principles for performing misconduct functions) ...................................... 17 14 Amendment of s 35 (How commission performs its misconduct functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Insertion of new ss 35A and 35B . . . . . . . . . . . . . . . . . . . . . . . . . 19 35A Chief executive officer may issue direction about commission's corruption function . . . . . . . . . . . . . . . . 19

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents 35B Publication of information about how commission performs its corruption function . . . . . . . . . . . . . . . . . 19 16 Amendment of s 36 (Complaining about misconduct) . . . . . . . . . 20 17 Amendment of s 38 (Duty to notify commission of official misconduct) .................................. 21 18 Amendment of s 40 (Commission may issue directions about how notifications are to be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 19 Amendment of s 46 (Dealing with complaints--commission) . . . 22 20 Insertion of new ch 2, pt 3, div 4, sdiv 4 . . . . . . . . . . . . . . . . . . . . 23 Subdivision 4 Miscellaneous provision 48A Policy about how complaints involving public official are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 21 Replacement of s 52 (Research functions) . . . . . . . . . . . . . . . . . 24 52 Research function . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 22 Amendment of s 58 (Independence of holders of judicial office) . 25 23 Amendment of s 130 (Disclosure of information obtained using surveillance warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Amendment of s 146K (Protection from liability) . . . . . . . . . . . . . 27 25 Amendment of s 146ZU (Delegation--chairperson) . . . . . . . . . . 27 26 Amendment of s 178 (Who must conduct hearings) . . . . . . . . . . 28 27 Amendment of s 213 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 28 Amendment of s 216 (Frivolous or vexatious complaint) . . . . . . . 29 29 Insertion of new s 216A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 216A Other improper complaints . . . . . . . . . . . . . . . . . . . . . 30 30 Amendment of ch 6, pt 1, hdg (Crime and Misconduct Commission) 30 31 Amendment of ch 6, pt 1, div 1, hdg (Establishment of Crime and Misconduct Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 32 Amendment of s 220 (Establishment) . . . . . . . . . . . . . . . . . . . . . 31 33 Amendment of s 221 (Commission has common seal etc.) . . . . . 31 34 Replacement of s 223 (Membership of the commission) . . . . . . . 31 223 Membership of the commission . . . . . . . . . . . . . . . . . 31 35 Amendment of s 224 (Qualifications for appointment as the chairperson) ...................................... 32 36 Replacement of s 225 (Qualifications for appointment as a part-time commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 225 Qualifications for appointment--other commissioners 32 37 Amendment of s 227 (Advertising and nominations for appointment) 32 38 Replacement of ss 228-230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Page 2

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents 228 Consultation before nominating persons for appointment 33 229 Appointment of commissioners . . . . . . . . . . . . . . . . . 33 39 Amendment of s 231 (Duration of appointment) . . . . . . . . . . . . . 33 40 Amendment of s 233 (Preservation of rights). . . . . . . . . . . . . . . . 34 41 Amendment of s 234 (Leave of absence). . . . . . . . . . . . . . . . . . . 34 42 Amendment of s 236 (Termination of appointment) . . . . . . . . . . . 34 43 Replacement of ss 237 and 237A . . . . . . . . . . . . . . . . . . . . . . . . 35 237 Acting commissioners . . . . . . . . . . . . . . . . . . . . . . . . 35 44 Insertion of new ch 6, pt 1, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 2A Sessional commissioners 239 Appointment of sessional commissioners . . . . . . . . . 36 240 Qualification for appointment as a sessional commissioner .......................... 36 241 Disqualification as a sessional commissioner . . . . . . 36 242 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . 37 243 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 45 Amendment of ch 6, pt 1, div 3, hdg (Assistant commissioners and senior officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 46 Omission of ss 239-244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 47 Amendment of s 245 (Senior officers) . . . . . . . . . . . . . . . . . . . . . 37 48 Amendment of s 247 (Duration of appointment) . . . . . . . . . . . . . 38 49 Amendment of s 247A (Notice to parliamentary committee) . . . . 39 50 Amendment of s 248 (Basis of employment for assistant commissioners or senior officers). . . . . . . . . . . . . . . . . . . . . . . . . 40 51 Omission of s 250 (Acting assistant commissioner) . . . . . . . . . . . 40 52 Replacement of ch 6, pt 1, div 4 (Roles of chairperson and assistant commissioners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 4 Roles of commission, chairman and chief executive officer 251 Role of commission . . . . . . . . . . . . . . . . . . . . . . . . . . 40 252 Role of chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 253 Role of chief executive officer. . . . . . . . . . . . . . . . . . . 42 53 Amendment of s 254 (Commission staff) . . . . . . . . . . . . . . . . . . . 43 54 Amendment of s 255 (Secondment of officers) . . . . . . . . . . . . . . 43 55 Amendment of s 259 (Budget and performance) . . . . . . . . . . . . . 43 56 Replacement of s 262 (Assistant commissioners to attend meetings) 44 262 Senior executive officer may attend meetings . . . . . . 44 Page 3

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents 57 Amendment of s 265 (Presiding at meetings) . . . . . . . . . . . . . . . 44 58 Replacement of s 269 (Delegation--commission) . . . . . . . . . . . . 44 269 Delegation--commission . . . . . . . . . . . . . . . . . . . . . . 44 59 Amendment of s 270 (Delegation--chairperson) . . . . . . . . . . . . . 46 60 Replacement of s 271 (Delegation--assistant commissioner) . . . 47 271 Delegation--chief executive officer and senior executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 61 Amendment of s 273 (Commission officer's identity card) . . . . . . 47 62 Insertion of new ch 6, pt 1, divs 9 and 10. . . . . . . . . . . . . . . . . . . 47 Division 9 Disciplinary action for senior officers and commission staff and agents etc. 273A Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 273B Grounds for discipline. . . . . . . . . . . . . . . . . . . . . . . . . 48 273C Disciplinary action that may be taken against a relevant commission officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 273D Disciplinary action that may be taken against a former relevant commission officer . . . . . . . . . . . . . . . . . . . . 51 273E Suspension of relevant commission officer liable to disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . 53 273F Procedure for disciplinary action . . . . . . . . . . . . . . . . 54 Division 10 Additional provision about senior officers and commission staff and agents 273G Requirement to disclose previous history of serious disciplinary action ..................... 55 63 Amendment of s 278 (Membership of reference committee) . . . . 57 64 Amendment of s 279 (Deputy committee member) . . . . . . . . . . . 57 65 Amendment of ch 6, pt 3, hdg (Parliamentary Crime and Misconduct Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 66 Amendment of s 291 (Establishment of parliamentary committee) 58 67 Amendment of s 292 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 58 68 Amendment of s 295 (Referral of concerns by parliamentary committee) ....................................... 58 69 Insertion of new s 302A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 302A Meetings of parliamentary committee generally to be held in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 70 Amendment of ch 6, pt 4, hdg (Parliamentary crime and misconduct commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 71 Amendment of s 303 (Office of parliamentary crime and misconduct commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 72 Amendment of s 308 (Acting parliamentary commissioner). . . . . 60 Page 4

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents 73 Amendment of s 314 (Functions of parliamentary commissioner) 60 74 Insertion of new ss 314A and 314B . . . . . . . . . . . . . . . . . . . . . . . 61 314A Recommendation or referral arising from investigation conducted on parliamentary commissioner's own initiative .............................. 61 314B Report on investigation conducted on parliamentary commissioner's own initiative . . . . . . . . . . . . . . . . . . . 63 75 Amendment of s 318 (Parliamentary commissioner may conduct hearings in limited circumstances) . . . . . . . . . . . . . . . . . . . . . . . . 65 76 Insertion of new s 323A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 323A Use of report on investigation conducted by parliamentary committee or parliamentary commissioner 65 77 Replacement of s 329 (Duty of chairperson to notify improper conduct to the parliamentary committee) . . . . . . . . . . . . . . . . . . . 67 329 Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct . . . 67 78 Amendment of s 335 (Protecting officials and others from liability) 69 79 Amendment of s 336 (Protection of parliamentary commissioner and officers etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 80 Insertion of new ch 8, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Part 11 Crime and Misconduct and Other Legislation Amendment Act 2014 Division 1 Preliminary 396 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Continuing particular appointments until the commencement day 397 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 398 Part-time commissioners and acting part-time commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 399 Declaration for continued appointments . . . . . . . . . . . 71 81 Insertion of new ch 8, pt 11, divs 3 to 7 . . . . . . . . . . . . . . . . . . . . 72 Division 3 General 400 References to Crime and Misconduct Act 2001 and particular terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 401 References to former titles . . . . . . . . . . . . . . . . . . . . . 73 Division 4 Commissioners from commencement day Subdivision 1 Existing appointments 402 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 403 Part-time commissioners . . . . . . . . . . . . . . . . . . . . . . 75 404 Acting part-time commissioners . . . . . . . . . . . . . . . . . 76 Page 5

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Subdivision 2 New appointments 405 Provision for selection processes for roles of commissioners .......................... 77 Subdivision 3 Other provisions about former commissioners 406 Hearing, investigation or operation being conducted by former commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 77 407 Things done by or in relation to former commissioner 79 Division 5 Assistant commissioners 408 Assistant commissioners continue as senior executive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 409 Acting assistant commissioners . . . . . . . . . . . . . . . . . 82 410 Hearing, investigation or operation being conducted by assistant commissioner . . . . . . . . . . . . . . . . . . . . . . . 82 411 Things done by or in relation to assistant commissioner (crime) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 412 Things done by or in relation to assistant commissioner (misconduct). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 6 Functions of parliamentary commissioner 413 Investigations on parliamentary commissioner's own initiative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 414 Hearings conducted by parliamentary commissioner. 85 415 Use of report of investigation conducted by parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 7 Other provisions 416 Existing complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . 85 417 Initial research plan . . . . . . . . . . . . . . . . . . . . . . . . . . 86 418 Investigation of holders of judicial officers . . . . . . . . . 87 419 Notifying parliamentary committee of improper conduct 87 420 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 421 Declaration about s 385 . . . . . . . . . . . . . . . . . . . . . . . 88 422 Application of Public Interest Disclosure Act 2010 . . . 88 82 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 89 Part 3 Amendment of Public Service Act 2008 83 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 84 Amendment of s 26 (Work performance and personal conduct principles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 85 Amendment of s 46 (Main functions) . . . . . . . . . . . . . . . . . . . . . . 93 86 Amendment of s 62 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 93 87 Insertion of new ch 3, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Page 6

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Part 6 Functions of commission relating to work performance matters 88H Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 88I Commission may conduct review of department's handling of work performance matters . . . . . . . . . . . . 94 88J Chief executive of department to provide help for review under s 88I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 88K Exchange of information with external agency. . . . . . 96 88L Protection from liability for giving information . . . . . . . 98 88M Confidentiality of information . . . . . . . . . . . . . . . . . . . 98 88N Publication of information about work performance matters .............................. 99 88 Insertion of new s 219A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 219A Departments to have complaints management system for customer complaints . . . . . . . . . . . . . . . . . . . . . . . 100 89 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 102 Part 4 Amendment of Public Service Regulation 2008 90 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 91 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Part 4A Miscellaneous provision 15 External agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 92 Amendment of sch 1 (Public service offices, their heads and applied provisions and rulings). . . . . . . . . . . . . . . . . . . . . . . . . . . 103 93 Amendment of sch 2 (Applied provisions and rulings for health service employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Part 5 Minor and consequential amendments 94 Legislation amended in schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . 105 Schedule 1 Minor and consequential amendments of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Schedule 2 Minor and consequential amendments of other legislation . 114 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Auditor-General Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Births, Deaths and Marriages Registration Act 2003 . . . . . . . . . . 115 Births, Deaths and Marriages Registration Regulation 2003 . . . . 115 Casino Control Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 116 Charitable and Non-Profit Gaming Regulation 1999 . . . . . . . . . . 116 Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . 116 Page 7

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 117 City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 City of Brisbane Regulation 2012. . . . . . . . . . . . . . . . . . . . . . . . . 119 Cooperatives Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Corrective Services Regulation 2006 . . . . . . . . . . . . . . . . . . . . . . 121 Crime and Misconduct Regulation 2005 . . . . . . . . . . . . . . . . . . . 121 Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Criminal Law (Sexual Offences) Act 1978 . . . . . . . . . . . . . . . . . . 123 Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Criminal Proceeds Confiscation Act 2002 . . . . . . . . . . . . . . . . . . 124 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Education (Queensland College of Teachers) Act 2005. . . . . . . . 126 Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Explosives Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Financial and Performance Management Standard 2009 . . . . . . 130 Financial Transaction Reports Act 1992. . . . . . . . . . . . . . . . . . . . 130 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 131 Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 131 Gaming Machine Regulation 2002 . . . . . . . . . . . . . . . . . . . . . . . . 132 Government Owned Corporations Act 1993 . . . . . . . . . . . . . . . . 132 Health Ombudsman Act 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Health Quality and Complaints Commission Act 2006. . . . . . . . . 134 Hospital and Health Boards Act 2011 . . . . . . . . . . . . . . . . . . . . . 134 Information Privacy Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Integrity Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Interactive Gambling (Player Protection) Regulation 1998. . . . . . 136 Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Keno Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 138 Legal Profession Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Legal Profession Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . 138 Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Page 8

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Local Government Regulation 2012 . . . . . . . . . . . . . . . . . . . . . . . 140 Lotteries Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Ministerial and Other Office Holder Staff Act 2010. . . . . . . . . . . . 141 Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 142 Penalties and Sentences Act 1992. . . . . . . . . . . . . . . . . . . . . . . . 143 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 143 Police Powers and Responsibilities Regulation 2012 . . . . . . . . . . 151 Police Service Administration Act 1990 . . . . . . . . . . . . . . . . . . . . 151 Police Service Administration Regulation 1990 . . . . . . . . . . . . . . 154 Police Service Administration (Review of Decisions) Regulation 1990 ......................................... 155 Police Service (Discipline) Regulations 1990 . . . . . . . . . . . . . . . . 155 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Prostitution Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Public Interest Disclosure Act 2010 . . . . . . . . . . . . . . . . . . . . . . . 157 Public Safety Preservation Act 1986 . . . . . . . . . . . . . . . . . . . . . . 160 Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Public Service Regulation 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Queensland Civil and Administrative Tribunal Regulation 2009 . . 161 Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 161 Queensland Independent Remuneration Tribunal Act 2013. . . . . 162 Queensland Mental Health Commission Act 2013 . . . . . . . . . . . . 162 Queensland Rail Transit Authority Act 2013 . . . . . . . . . . . . . . . . . 162 Queensland Reconstruction Authority Act 2011. . . . . . . . . . . . . . 163 Racing Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Residential Tenancies and Rooming Accommodation Act 2008 . 163 Right to Information Act 2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Rural and Regional Adjustment Act 1994 . . . . . . . . . . . . . . . . . . 165 South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 South-East Queensland Water (Restructuring) Act 2007. . . . . . . 166 Statutory Bodies Financial Arrangements Regulation 2007. . . . . 166 Superannuation (State Public Sector) Act 1990 . . . . . . . . . . . . . . 167 Page 9

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Contents Superannuation (State Public Sector) Notice 2010 . . . . . . . . . . . 167 Telecommunications Interception Act 2009 . . . . . . . . . . . . . . . . . 167 Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . 169 Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . 169 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 170 Wagering Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Witness Protection Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 173 Page 10

 


 

2014 A Bill for An Act to amend the Crime and Misconduct Act 2001, the Public Service Act 2008 and the Public Service Regulation 2008 for particular purposes, and to make minor and consequential amendments to the legislation mentioned in schedule 2

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Crime and Misconduct and 4 Other Legislation Amendment Act 2014. 5 Clause 2 Commencement 6 (1) Section 80 is taken to have commenced on the day the Bill for 7 this Act was introduced into the Legislative Assembly. 8 (2) This Act, other than section 80, commences on a day to be 9 fixed by proclamation. 10 Part 2 Amendment of Crime and 11 Misconduct Act 2001 12 Clause 3 Act amended 13 This part amends the Crime and Misconduct Act 2001. 14 Note-- 15 See also the amendments in schedule 1. 16 Clause 4 Amendment of long title 17 Long title, `Misconduct'-- 18 omit, insert-- 19 Corruption 20 Page 12

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 5] Clause 5 Amendment of s 1 (Short title) 1 Section 1, `Misconduct'-- 2 omit, insert-- 3 Corruption 4 Clause 6 Amendment of s 4 (Act's purposes) 5 (1) Section 4(1)-- 6 omit, insert-- 7 (1) The primary purpose of this Act is to combat and 8 reduce the incidence of major crime. 9 (1A) The secondary purpose of this Act is to reduce 10 the incidence of corruption in the public sector. 11 (2) Section 4(1A) and (2)-- 12 renumber as section 4(2) and (3). 13 Clause 7 Amendment of s 5 (How Act's purposes are to be 14 achieved) 15 (1) Section 5(1), `Misconduct'-- 16 omit, insert-- 17 Corruption 18 (2) Section 5(2), after `major crime'-- 19 insert-- 20 and criminal organisations and their participants 21 (3) Section 5(3)-- 22 omit, insert-- 23 (3) Also, the commission is to investigate cases of 24 corrupt conduct, particularly more serious cases 25 of corrupt conduct. 26 Page 13

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 8] Clause 8 Omission of s 13 (Notes in text) 1 Section 13-- 2 omit. 3 Clause 9 Replacement of ch 1, pt 4, div 2, hdg and ss 14 and 15 4 Chapter 1, part 4, division 2, heading and sections 14 and 15-- 5 omit, insert-- 6 Division 2 Corrupt conduct 7 13 Purpose of div 2 8 This division provides for the meaning of corrupt 9 conduct for this Act. 10 Note-- 11 Under section 35(3), the commission, in performing its 12 corruption function, must focus on more serious cases of 13 corrupt conduct and cases of systemic corrupt conduct within 14 a unit of public administration. 15 14 Definitions for div 2 16 In this division-- 17 appointment means appointment in a unit of 18 public administration. 19 conduct includes-- 20 (a) neglect, failure and inaction; and 21 (b) conspiracy to engage in conduct; and 22 (c) attempt to engage in conduct. 23 15 Meaning of corrupt conduct 24 (1) Corrupt conduct means conduct of a person, 25 regardless of whether the person holds or held an 26 appointment, that-- 27 Page 14

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 9] (a) adversely affects, or could adversely affect, 1 directly or indirectly, the performance of 2 functions or the exercise of powers of-- 3 (i) a unit of public administration; or 4 (ii) a person holding an appointment; and 5 (b) results, or could result, directly or indirectly, 6 in the performance of functions or the 7 exercise of powers mentioned in paragraph 8 (a) in a way that-- 9 (i) is not honest or is not impartial; or 10 (ii) involves a breach of the trust placed in 11 a person holding an appointment, 12 either knowingly or recklessly; or 13 (iii) involves a misuse of information or 14 material acquired in or in connection 15 with the performance of functions or 16 the exercise of powers of a person 17 holding an appointment; and 18 (c) is engaged in for the purpose of providing a 19 benefit to the person or another person or 20 causing a detriment to another person; and 21 (d) would, if proved, be-- 22 (i) a criminal offence; or 23 (ii) a disciplinary breach providing 24 reasonable grounds for terminating the 25 person's services, if the person is or 26 were the holder of an appointment. 27 (2) Without limiting subsection (1), conduct that 28 involves any of the following could be corrupt 29 conduct under subsection (1)-- 30 (a) abuse of public office; 31 (b) bribery, including bribery relating to an 32 election; 33 Page 15

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 10] (c) extortion; 1 (d) obtaining or offering a secret commission; 2 (e) fraud; 3 (f) stealing; 4 (g) forgery; 5 (h) perverting the course of justice; 6 (i) an offence relating to an electoral donation; 7 (j) loss of revenue of the State; 8 (k) sedition; 9 (l) homicide, serious assault or assault 10 occasioning bodily harm or grievous bodily 11 harm; 12 (m) obtaining a financial benefit from procuring 13 prostitution or from unlawful prostitution 14 engaged in by another person; 15 (n) illegal drug trafficking; 16 (o) illegal gambling. 17 Clause 10 Amendment of s 23 (Commission's prevention function) 18 Section 23, `and misconduct'-- 19 omit. 20 Clause 11 Amendment of s 24 (How commission performs its 21 prevention function) 22 (1) Section 24(a) and (i), `and misconduct'-- 23 omit. 24 (2) Section 24(c), (e) and (h)-- 25 omit. 26 (3) Section 24(d) to (i)-- 27 Page 16

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 12] renumber as section 24(c) to (f). 1 Clause 12 Replacement of s 33 (Commission's misconduct 2 functions) 3 Section 33-- 4 omit, insert-- 5 33 Commission's corruption function 6 The commission has the function (the corruption 7 function) to ensure a complaint about, or information 8 or matter involving, corruption is dealt with in an 9 appropriate way, having regard to the principles set 10 out in section 34. 11 Clause 13 Amendment of s 34 (Principles for performing 12 misconduct functions) 13 (1) Section 34, `misconduct functions'-- 14 omit, insert-- 15 corruption function 16 (2) Section 34(a), first dot point-- 17 omit. 18 (3) Section 34(a), second dot point, `misconduct'-- 19 omit, insert-- 20 corruption 21 (4) Section 34(b)-- 22 omit. 23 (5) Section 34(c), `prevent and deal with misconduct'-- 24 omit, insert-- 25 deal with corruption 26 (6) Section 34(d), first dot point-- 27 omit, insert-- 28 Page 17

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 14] the commission has an overriding responsibility to 1 promote public confidence in the way corruption 2 within a unit of public administration is dealt with 3 (7) Section 34(d), second dot point, `misconduct'-- 4 omit, insert-- 5 corruption 6 (8) Section 34(c) and (d)-- 7 renumber as section 34(b) and (c). 8 Clause 14 Amendment of s 35 (How commission performs its 9 misconduct functions) 10 (1) Section 35, `misconduct functions'-- 11 omit, insert-- 12 corruption function 13 (2) Section 35(1)(a), (b) and (f), `misconduct'-- 14 omit, insert-- 15 corruption 16 (3) Section 35(1)(d) and (e), `official misconduct'-- 17 omit, insert-- 18 corrupt conduct 19 (4) Section 35(1)-- 20 insert-- 21 (i) assessing the appropriateness of systems 22 and procedures adopted by a unit of public 23 administration for dealing with complaints 24 about corruption; 25 (j) providing advice and recommendations to a 26 unit of public administration about dealing 27 with complaints about corruption in an 28 appropriate way. 29 Page 18

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 15] (5) Section 35-- 1 insert-- 2 (3) In performing its corruption function, the 3 commission must focus on more serious cases of 4 corrupt conduct and cases of systemic corrupt 5 conduct within a unit of public administration. 6 Clause 15 Insertion of new ss 35A and 35B 7 Chapter 2, part 3, division 1-- 8 insert-- 9 35A Chief executive officer may issue direction 10 about commission's corruption function 11 (1) The chief executive officer may issue a direction 12 about how commission officers are to decide 13 whether a complaint involves, or may involve, a 14 more serious case of corrupt conduct or a case of 15 systemic corrupt conduct within a unit of public 16 administration. 17 (2) In issuing a direction under subsection (1), the 18 chief executive officer is subject to the direction 19 and control of the chairman. 20 (3) A commission officer must comply with a 21 direction issued under subsection (1). 22 35B Publication of information about how 23 commission performs its corruption function 24 (1) The chief executive officer must publish, on a 25 publicly accessible website of the commission, 26 information about the commission's systems and 27 procedures for dealing with complaints about 28 corruption. 29 (2) The information published on the website must 30 include the following-- 31 Page 19

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 16] (a) the standard timeframes adopted by the 1 commission for assessing, investigating and 2 completing its dealing with complaints 3 about corruption; 4 (b) the standard procedures adopted by the 5 commission for assessing and investigating 6 complaints about corruption; 7 (c) how the commission monitors the progress 8 of complaints about corruption being dealt 9 with by the commission to ensure they are 10 being dealt with in a timely way; 11 (d) what action the commission takes if the 12 standard timeframes are not met for a 13 complaint about corruption being dealt with 14 by the commission to ensure the complaint 15 is dealt with in a timely way. 16 Clause 16 Amendment of s 36 (Complaining about misconduct) 17 (1) Section 36, `misconduct'-- 18 omit, insert-- 19 corruption 20 (2) Section 36-- 21 insert-- 22 (3) A complaint about corruption under subsection 23 (1) must be made by way of statutory declaration 24 unless the commission decides, because of 25 exceptional circumstances, that it need not be 26 made by statutory declaration. 27 Examples of exceptional circumstances-- 28 the person making the complaint-- 29 fears retaliation for making the complaint in relation 30 to the person's employment, property, personal safety 31 or well being 32 is illiterate, or not literate in English 33 Page 20

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 17] has a disability or impairment that affects the 1 person's ability to make the complaint by statutory 2 declaration 3 (4) To remove any doubt, it is declared that 4 subsection (3) does not apply to a person giving 5 information or matter involving corruption to the 6 commission under subsection (1). 7 Clause 17 Amendment of s 38 (Duty to notify commission of official 8 misconduct) 9 (1) Section 38, `official misconduct'-- 10 omit, insert-- 11 corrupt conduct 12 (2) Section 38(1), after `public official'-- 13 insert-- 14 reasonably 15 Clause 18 Amendment of s 40 (Commission may issue directions 16 about how notifications are to be made) 17 (1) Section 40, heading, `how notifications are to be made'-- 18 omit, insert-- 19 notifications 20 (2) Section 40(1)-- 21 omit, insert-- 22 (1) The commission may issue directions about the 23 following-- 24 (a) the kinds of complaints a public official 25 must notify, or need not notify, the 26 commission of under section 37 or 38; 27 (b) how and when a public official must notify 28 the commission of complaints under section 29 37 or 38. 30 Page 21

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 19] (3) Section 40(2), from `of'-- 1 omit, insert-- 2 of-- 3 (a) the relevant public official; and 4 (b) if the direction relates to the chief executive 5 officer of a department or a public service 6 office within the meaning of the Public 7 Service Act 2008--the public service 8 commission. 9 Clause 19 Amendment of s 46 (Dealing with 10 complaints--commission) 11 (1) Section 46(1), `misconduct'-- 12 omit, insert-- 13 corruption 14 (2) Section 46(2)(a) to (c), `official misconduct'-- 15 omit, insert-- 16 corrupt conduct 17 (3) Section 46(2)(g)(i)-- 18 insert-- 19 (C) is not made in good faith; or 20 (D) is made primarily for a 21 mischievous purpose; or 22 (E) is made recklessly or maliciously; 23 or 24 (4) Section 46(2)(g)(ii)-- 25 omit, insert-- 26 (ii) dealing with the complaint-- 27 (A) would not be in the public 28 interest; or 29 Page 22

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 20] (B) would be an unjustifiable use of 1 resources; or 2 (iii) the subject matter of the complaint-- 3 (A) is not within the commission's 4 functions; or 5 (B) has been dealt with by another 6 entity; 7 (5) Section 46-- 8 insert-- 9 (2A) For taking action, or action taken, under 10 subsection (2) for a complaint, the commission 11 may require a public official to provide stated 12 information about the complaint in the way and 13 at the times the commission directs. 14 (2B) A public official must comply with a requirement 15 made under subsection (3). 16 (6) Section 46(2A) to (5)-- 17 renumber as section 46(3) to (7). 18 Clause 20 Insertion of new ch 2, pt 3, div 4, sdiv 4 19 Chapter 2, part 3, division 4-- 20 insert-- 21 Subdivision 4 Miscellaneous provision 22 48A Policy about how complaints involving public 23 official are to be dealt with 24 (1) A public official must, in consultation with the 25 chairman, prepare a policy about how the unit of 26 public administration for which the official is 27 responsible will deal with a complaint that 28 involves or may involve corruption of the public 29 official. 30 Page 23

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 21] (2) The policy may nominate a person other than the 1 public official to notify the commission of the 2 complaint under section 37 or 38, and to deal 3 with the complaint under subdivision 1 or 2, on 4 behalf of the public official. 5 (3) If the policy includes a nomination as mentioned 6 in subsection (2), this Act applies as if a 7 reference about notifying or dealing with the 8 complaint to the public official were a reference 9 to the nominated person. 10 Example of operation of subsection (3)-- 11 If a policy prepared under this section for a unit of 12 public administration includes a nomination as 13 mentioned in subsection (2)-- 14 (a)under section 38 as applying under subsection (3), 15 the nominated person must notify the commission of 16 complaints about the relevant public official that the 17 person suspects involve or may involve corrupt 18 conduct; and 19 (b)under section 35(1)(b) as applying under subsection 20 (3), the commission may refer complaints about the 21 relevant public official to the nominated person for 22 the nominated person to deal with; and 23 (c)under section 42 or 44 as applying under subsection 24 (3), the nominated person must deal with complaints 25 about the relevant public official referred to the 26 nominated person by the commission. 27 (4) In this section-- 28 complaint includes information or matter. 29 Clause 21 Replacement of s 52 (Research functions) 30 Section 52-- 31 omit, insert-- 32 52 Research function 33 (1) The commission has the function to undertake 34 the following research in accordance with a 35 Page 24

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 22] research plan approved by the Minister under 1 subsection (2)-- 2 (a) research to support the proper performance 3 of its functions; 4 (b) research required to be undertaken by the 5 commission under another Act; 6 (c) research into any other matter referred to the 7 commission by the Minister. 8 (2) As soon as practicable after the end of each 9 financial year, the commission must give the 10 Minister, for the Minister's approval, a plan (a 11 research plan) for the research it proposes to 12 undertake in the period comprising-- 13 (a) the financial year in which the plan is 14 prepared; and 15 (b) the following 2 financial years. 16 (3) In preparing a research plan, the commission 17 must identify the priorities for the research it 18 proposes to undertake in the period to which the 19 plan relates-- 20 (a) having regard to its strategic and business 21 plans and any other relevant matter; and 22 (b) in consultation with units of public 23 administration. 24 (4) The commission may ask the Minister to approve 25 an amendment of an approved research plan to 26 allow research for an emergent issue relevant to 27 any of its functions. 28 Clause 22 Amendment of s 58 (Independence of holders of judicial 29 office) 30 (1) Section 58(2)-- 31 omit, insert-- 32 Page 25

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 22] (2) To the extent a commission investigation is, or 1 would be, in relation to conduct of a judicial 2 officer, the commission's authority to conduct the 3 investigation is limited to investigating corrupt 4 conduct of a kind that, if established, would 5 warrant the judicial officer's removal from office. 6 (2A) However, subsection (2) does not apply to a 7 commission investigation that is, or would be, in 8 relation to conduct of a judicial officer-- 9 (a) other than in the judicial officer's capacity 10 as a judicial officer; and 11 (b) as a member or representative of a 12 decision-making body in a unit of public 13 administration. 14 Examples of decision-making bodies-- 15 a governing body, a board of management 16 (2B) To the extent a commission investigation is, or 17 would be, in relation to conduct of a judicial 18 officer, the investigation must be conducted in 19 accordance with appropriate conditions and 20 procedures agreed by the chairman and the Chief 21 Justice from time to time. 22 (2) Section 58(3) and (4), `chairperson'-- 23 omit, insert-- 24 chairman 25 (3) Section 58-- 26 insert-- 27 (4A) However, the chairman may delegate the 28 chairman's functions and powers under this 29 section, including the functions and powers 30 mentioned in subsection (6), for a commission 31 investigation mentioned in subsection (3) to a 32 senior officer. 33 (4) Section 58(2A) to (5)-- 34 Page 26

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 23] renumber as section 58(3) to (8). 1 Clause 23 Amendment of s 130 (Disclosure of information obtained 2 using surveillance warrant) 3 Section 130-- 4 insert-- 5 (3) In this section-- 6 commission officer includes a former 7 commission officer. 8 Clause 24 Amendment of s 146K (Protection from liability) 9 (1) Section 146K(1)(b) and (c)-- 10 omit, insert-- 11 (b) the chairman; 12 (c) a senior executive officer; 13 (2) Section 146K(5)(c), `misconduct'-- 14 omit, insert-- 15 corruption 16 Clause 25 Amendment of s 146ZU (Delegation--chairperson) 17 (1) Section 146ZU, heading, `chairperson'-- 18 omit, insert-- 19 chairman 20 (2) Section 146ZU(1), from `chairperson' to `assistant 21 commissioner'-- 22 omit, insert-- 23 chairman may delegate any of the chairman's powers 24 under this part relating to the following to the chief 25 executive officer or a senior executive officer 26 Page 27

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 26] (3) Section 146ZU(2), from `chairperson' to `chairperson's'-- 1 omit, insert-- 2 chairman may delegate to an authorised commission 3 officer the chairman's 4 Clause 26 Amendment of s 178 (Who must conduct hearings) 5 (1) Section 178(1), `chairperson'-- 6 omit, insert-- 7 chairman 8 (2) Section 178(2)-- 9 omit, insert-- 10 (2) However, if the chairman considers it necessary 11 for the efficient operation of the commission, a 12 public hearing may be conducted by a sessional 13 commissioner or senior executive officer as 14 decided by the chairman. 15 (3) Section 178(3)-- 16 omit, insert-- 17 (3) A closed hearing may be conducted by any of the 18 following as decided by the chairman-- 19 (a) the chairman; 20 (b) a sessional commissioner; 21 (c) a senior executive officer; 22 (d) another person qualified for appointment as 23 the chairman. 24 Clause 27 Amendment of s 213 (Secrecy) 25 Section 213(5)-- 26 insert-- 27 Page 28

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 28] commission officer includes a person who was 1 an assistant commissioner or part-time 2 commissioner under this Act as in force before 3 the commencement of this definition. 4 Clause 28 Amendment of s 216 (Frivolous or vexatious complaint) 5 (1) Section 216, heading, `or vexatious'-- 6 omit. 7 (2) Section 216(1), from `misconduct'-- 8 omit, insert-- 9 corruption made by the person to the commission will 10 not be investigated or further investigated by the 11 commission because it appears to concern frivolous 12 matter. 13 (3) Section 216(4), `and was not given or made vexatiously'-- 14 omit. 15 (4) Section 216(5) and (6)-- 16 omit, insert-- 17 (5) In this section-- 18 make, a complaint to the commission, means-- 19 (a) make a complaint to the commission under 20 section 36; or 21 (b) make a complaint to another entity that is 22 under an obligation to refer the complaint to 23 the commission; or 24 (c) cause a complaint to be referred to the 25 commission. 26 Clause 29 Insertion of new s 216A 27 After section 216-- 28 insert-- 29 Page 29

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 30] 216A Other improper complaints 1 (1) A person commits an offence if the person-- 2 (a) makes a complaint to the commission-- 3 (i) vexatiously; or 4 (ii) not in good faith; or 5 (iii) primarily for a mischievous purpose; or 6 (iv) recklessly or maliciously; or 7 (b) counsels or procures another person to make 8 a complaint to the commission as mentioned 9 in paragraph (a). 10 Maximum penalty--85 penalty units or 1 year's 11 imprisonment. 12 (2) In this section-- 13 make, a complaint to the commission, means-- 14 (a) make a complaint, or give information or 15 matter, to the commission under section 36; 16 or 17 (b) make a complaint, or give information or 18 matter, to another entity that is under an 19 obligation to refer the complaint, 20 information or matter to the commission; or 21 (c) cause a complaint, or information or matter, 22 to be referred to the commission. 23 Clause 30 Amendment of ch 6, pt 1, hdg (Crime and Misconduct 24 Commission) 25 Chapter 6, part 1, heading, `Misconduct'-- 26 omit, insert-- 27 Corruption 28 Page 30

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 31] Clause 31 Amendment of ch 6, pt 1, div 1, hdg (Establishment of 1 Crime and Misconduct Commission) 2 Chapter 6, part 1, division 1, heading, `Misconduct'-- 3 omit, insert-- 4 Corruption 5 Clause 32 Amendment of s 220 (Establishment) 6 Section 220, `Misconduct'-- 7 omit, insert-- 8 Corruption 9 Clause 33 Amendment of s 221 (Commission has common seal etc.) 10 Section 221(1), `Misconduct'-- 11 omit, insert-- 12 Corruption 13 Clause 34 Replacement of s 223 (Membership of the commission) 14 Section 223-- 15 omit, insert-- 16 223 Membership of the commission 17 The commission is to consist of the following 18 commissioners-- 19 (a) a full-time commissioner who is the 20 chairman; 21 (b) a part-time commissioner who is the deputy 22 chairman; 23 (c) a full-time commissioner who is the chief 24 executive officer; 25 (d) 2 part-time commissioners who are ordinary 26 commissioners. 27 Page 31

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 35] Clause 35 Amendment of s 224 (Qualifications for appointment as 1 the chairperson) 2 (1) Section 224, heading, `as the chairperson'-- 3 omit, insert-- 4 --chairman and deputy chairman 5 (2) Section 224, `chairperson if'-- 6 omit, insert-- 7 chairman or deputy chairman if 8 Clause 36 Replacement of s 225 (Qualifications for appointment as 9 a part-time commissioner) 10 Section 225-- 11 omit, insert-- 12 225 Qualifications for appointment--other 13 commissioners 14 (1) A person is qualified for appointment as the chief 15 executive officer if the person has qualifications, 16 experience or standing appropriate to perform the 17 functions of the chief executive officer. 18 (2) A person is qualified for appointment as an 19 ordinary commissioner if the person has 20 qualifications, experience or standing appropriate 21 to assist the commission to perform its functions. 22 Clause 37 Amendment of s 227 (Advertising and nominations for 23 appointment) 24 (1) Section 227, heading, `and nominations'-- 25 omit. 26 (2) Section 227(1), `chairperson'-- 27 omit, insert-- 28 chairman 29 Page 32

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 38] (3) Section 227(2) to (4)-- 1 omit, insert-- 2 (2) The Minister must advertise throughout the State 3 for applications from suitably qualified persons 4 to be considered for selection as the deputy 5 chairman, the chief executive officer or an 6 ordinary commissioner. 7 (3) Subsections (1) and (2) do not apply to the 8 reappointment of a person as a commissioner. 9 Clause 38 Replacement of ss 228-230 10 Sections 228 to 230-- 11 omit, insert-- 12 228 Consultation before nominating persons for 13 appointment 14 Before nominating a person for appointment as a 15 commissioner, the Minister must first consult with-- 16 (a) the parliamentary committee; and 17 (b) for the appointment of a commissioner other 18 than the chairman--the chairman. 19 229 Appointment of commissioners 20 (1) Commissioners are to be appointed by the 21 Governor in Council. 22 (2) Commissioners are appointed under this Act and 23 not the Public Service Act 2008. 24 Clause 39 Amendment of s 231 (Duration of appointment) 25 Section 231(2) and (3)-- 26 omit, insert-- 27 Page 33

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 40] (2) A person appointed as a commissioner may be 1 appointed as a commissioner for a further term or 2 terms as long as-- 3 (a) no term of appointment is longer than 5 4 years; and 5 (b) the commissioner does not hold office as a 6 commissioner for more than 10 years in 7 total. 8 (3) Subsection (2)(b) has effect despite the Acts 9 Interpretation Act 1954, section 25(1)(c). 10 (4) Section 228 applies to the appointment of a 11 commissioner for a further term under this 12 section. 13 Clause 40 Amendment of s 233 (Preservation of rights) 14 Section 233, `chairperson'-- 15 omit, insert-- 16 chairman or chief executive officer 17 Clause 41 Amendment of s 234 (Leave of absence) 18 Section 234(3), definition extended leave-- 19 omit, insert-- 20 extended leave means-- 21 (a) for the chairman or chief executive 22 officer--leave of more than 10 business 23 days; or 24 (b) for the deputy chairman or an ordinary 25 commissioner--leave of more than 20 26 business days. 27 Clause 42 Amendment of s 236 (Termination of appointment) 28 Section 236(2), from `chairperson if' to `chairperson's'-- 29 Page 34

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 43] omit, insert-- 1 chairman or chief executive officer if the chairman or 2 chief executive officer engages in paid employment 3 outside the chairman's or chief executive officer's 4 Clause 43 Replacement of ss 237 and 237A 5 Sections 237 and 237A-- 6 omit, insert-- 7 237 Acting commissioners 8 (1) The Governor in Council may appoint a person 9 qualified for appointment as the chairman, the 10 deputy chairman, the chief executive officer or an 11 ordinary commissioner (the relevant 12 commissioner) to act as the relevant 13 commissioner-- 14 (a) during a vacancy in the relevant 15 commissioner's office; or 16 (b) during any period, or all periods, when the 17 relevant commissioner is absent from duty 18 or from the State or, for another reason, can 19 not perform the duties of the office. 20 (2) Sections 227 and 228 do not apply to the 21 appointment of a person to act as the relevant 22 commissioner. 23 (3) However, before recommending the appointment 24 of a person to act as the relevant commissioner, 25 the Minister must first consult with the chairman. 26 Clause 44 Insertion of new ch 6, pt 1, div 2A 27 Chapter 6, part 1-- 28 insert-- 29 Page 35

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 44] Division 2A Sessional commissioners 1 239 Appointment of sessional commissioners 2 The chairman may appoint as many sessional 3 commissioners as are required to help the chairman to 4 perform the commission's functions or exercise the 5 commission's powers by-- 6 (a) conducting a hearing for a crime 7 investigation, corruption investigation or the 8 intelligence function; or 9 (b) examining 1 or more witnesses, and 10 reporting on the examination to the 11 chairman, for a crime investigation, 12 corruption investigation or the intelligence 13 function; or 14 (c) conducting a specific investigation relevant 15 to the commission's functions. 16 240 Qualification for appointment as a sessional 17 commissioner 18 A person is qualified for appointment as a sessional 19 commissioner only if the person has served as, or is 20 qualified for appointment as, a judge of-- 21 (a) the Supreme Court of Queensland; or 22 (b) the Supreme Court of another State; or 23 (c) the High Court of Australia; or 24 (d) the Federal Court of Australia. 25 241 Disqualification as a sessional commissioner 26 An ineligible person can not be appointed as, or 27 continue as, a sessional commissioner. 28 Page 36

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 45] 242 Terms of appointment 1 A sessional commissioner is appointed on a sessional 2 basis and holds office for the period, and on the terms 3 and conditions, stated in the commissioner's 4 instrument of appointment. 5 243 Resignation 6 A sessional commissioner may resign by signed notice 7 given to the chairman. 8 Clause 45 Amendment of ch 6, pt 1, div 3, hdg (Assistant 9 commissioners and senior officers) 10 Chapter 6, part 1, division 3, heading, from `Assistant' to 11 `senior'-- 12 omit, insert-- 13 Senior 14 Clause 46 Omission of ss 239-244 15 Sections 239 to 244-- 16 omit. 17 Clause 47 Amendment of s 245 (Senior officers) 18 Section 245-- 19 insert-- 20 (3) The commission must employ-- 21 (a) a senior officer who is responsible to the 22 chairman for the proper performance of the 23 commission's crime functions (the senior 24 executive officer (crime)); and 25 (b) a senior officer who is responsible to the 26 chairman for the proper performance of the 27 Page 37

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 48] commission's corruption function (the 1 senior executive officer (corruption)). 2 (4) In the performance of the commission's functions 3 or exercise of the commission's powers, senior 4 officers are subject to the direction and control of 5 the chairman. 6 (5) In this section-- 7 senior officer means a person who, in the chief 8 executive officer's opinion, is performing duties 9 that would, if the person were a public service 10 officer, be duties of a senior executive. 11 Clause 48 Amendment of s 247 (Duration of appointment) 12 (1) Section 247(1), `An assistant commissioner or senior'-- 13 omit, insert-- 14 A senior 15 (2) Section 247(2) and (3), `an assistant commissioner or 16 senior'-- 17 omit, insert-- 18 a senior 19 (3) Section 247(3), example, from `The person is appointed'-- 20 omit, insert-- 21 The person may be reappointed as a senior officer for a further 22 term of 3 years. However, the person must not continue in, or be 23 reappointed to, the office at the end of that 3-year term, unless the 24 reappointment is made under subsection (3A). 25 (4) Section 247(3A), from `An assistant' to `10 years'-- 26 omit, insert-- 27 A senior officer who has held office in the commission 28 as a senior officer for 10 years 29 (5) Section 247(3A)(b), `an assistant commissioner or senior'-- 30 omit, insert-- 31 Page 38

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 49] a senior 1 (6) Section 247(3A), example-- 2 omit, insert-- 3 Example-- 4 A person has held office in the commission for 10 years 5 as a senior officer. At the end of 10-year period, the 6 person may be reappointed as a senior officer for a 7 further term of not more than 5 years. 8 (7) Section 247(3B), `either an assistant commissioner or 9 senior'-- 10 omit, insert-- 11 a senior 12 (8) Section 247-- 13 insert-- 14 (3C) For subsections (3) to (3B), any time a person 15 held office in the commission as an assistant 16 commissioner under this Act before the 17 commencement of this subsection is taken to be 18 time held by the person in office in the 19 commission as a senior officer. 20 (9) Section 247(4), `to (3B)'-- 21 omit, insert-- 22 to (3C) 23 (10) Section 247(5), definition senior officer, `misconduct'-- 24 omit, insert-- 25 corruption 26 Clause 49 Amendment of s 247A (Notice to parliamentary 27 committee) 28 Section 247A(1), `chairperson'-- 29 omit, insert-- 30 Page 39

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 50] chief executive officer 1 Clause 50 Amendment of s 248 (Basis of employment for assistant 2 commissioners or senior officers) 3 (1) Section 248, heading, `assistant commissioners or'-- 4 omit. 5 (2) Section 248(1), `an assistant commissioner or'-- 6 omit, insert-- 7 a 8 (3) Section 248(4)(c), (e) and (f), `chairperson'-- 9 omit, insert-- 10 chief executive officer 11 Clause 51 Omission of s 250 (Acting assistant commissioner) 12 Section 250-- 13 omit. 14 Clause 52 Replacement of ch 6, pt 1, div 4 (Roles of chairperson and 15 assistant commissioners) 16 Chapter 6, part 1, division 4-- 17 omit, insert-- 18 Division 4 Roles of commission, 19 chairman and chief 20 executive officer 21 251 Role of commission 22 (1) The commission is responsible for providing 23 strategic leadership and direction for the 24 performance of the commission's functions, and 25 the exercise of the commission's powers, by the 26 Page 40

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 52] chairman, chief executive officer and commission 1 staff. 2 (2) The commission is also responsible for-- 3 (a) the preparation of the commission's 4 strategic and business plans; and 5 (b) the establishment of internal management 6 committees and their charters; and 7 (c) the preparation of the internal audit charter 8 prepared for the Financial Accountability 9 Act 2009. 10 (3) If asked by the chairman, the commission may 11 help the chairman in the performance of the 12 commission's functions or exercise of the 13 commission's powers delegated to the chairman 14 under section 269. 15 252 Role of chairman 16 (1) The chairman-- 17 (a) is the chair of the commission; and 18 (b) is responsible for the proper performance of 19 the commission's functions delegated to the 20 chairman under section 269. 21 (2) The chairman is to-- 22 (a) perform the functions, and exercise the 23 powers, of the commission delegated to the 24 chairman under section 269; and 25 (b) perform the other functions, and exercise the 26 other powers, conferred on the chairman 27 under this Act or another Act. 28 (3) The chairman is to report to the commission on 29 the performance of the commission's functions, 30 but is not subject to the direction of the 31 commission in the performance of a function or 32 Page 41

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 52] exercise of a power in an investigation, hearing, 1 operation or other proceeding under this Act or 2 another Act. 3 (4) Anything done in the commission's name by the 4 chairman or the chairman's delegate is taken to 5 have been done by the commission. 6 253 Role of chief executive officer 7 (1) The chief executive officer is responsible to the 8 commission for the administration of the 9 commission. 10 (2) The chief executive officer is to-- 11 (a) perform the functions, and exercise the 12 powers, of the commission delegated to the 13 chief executive officer under section 269; 14 and 15 (b) perform the functions and exercise the 16 powers delegated to the chief executive 17 officer by the chairman; and 18 (c) perform the other functions, and exercise the 19 other powers, conferred on the chief 20 executive officer under this Act. 21 (3) In performing a function or exercising a power 22 under this Act, the chief executive officer is 23 subject to the direction of-- 24 (a) for a function or power delegated to the 25 chief executive officer by the chairman--the 26 chairman; or 27 (b) otherwise--the commission. 28 (4) The chief executive is to report to the 29 commission on-- 30 (a) all matters relating to the administration of 31 the commission; and 32 Page 42

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 53] (b) the performance of the functions and 1 exercise of the powers mentioned in 2 subsection (2)(a) and (c). 3 (5) Anything done in the commission's name by the 4 chief executive officer or chief executive officer's 5 delegate is taken to have been done by the 6 commission. 7 Clause 53 Amendment of s 254 (Commission staff) 8 (1) Section 254(4), `in consultation with the Minister'-- 9 omit. 10 (2) Section 254(6), `chairperson'-- 11 omit, insert-- 12 chief executive officer 13 Clause 54 Amendment of s 255 (Secondment of officers) 14 (1) Section 255(1), (3) and (4), `chairperson'-- 15 omit, insert-- 16 chief executive officer 17 (2) Section 255(5), example, `misconduct'-- 18 omit, insert-- 19 corruption 20 Clause 55 Amendment of s 259 (Budget and performance) 21 (1) Section 259(1), `develop,'-- 22 omit. 23 (2) Section 259-- 24 insert-- 25 (1A) The chief executive officer is responsible for 26 developing the budget for the commission. 27 Page 43

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 56] (3) Section 259(1A) to (5)-- 1 renumber as section 259(2) to (6). 2 Clause 56 Replacement of s 262 (Assistant commissioners to 3 attend meetings) 4 Section 262-- 5 omit, insert-- 6 262 Senior executive officer may attend meetings 7 A senior executive officer may attend commission 8 meetings, but is not entitled to vote at a meeting. 9 Clause 57 Amendment of s 265 (Presiding at meetings) 10 (1) Section 265(1), `chairperson'-- 11 omit, insert-- 12 chairman 13 (2) Section 265(2)-- 14 omit, insert-- 15 (2) If the chairman is absent from a commission 16 meeting, the deputy chairman is to preside at the 17 meeting. 18 (3) If both the chairman and deputy chairman are 19 absent from a commission meeting, the 20 commissioner chosen by the commissioners 21 present is to preside at the meeting. 22 Clause 58 Replacement of s 269 (Delegation--commission) 23 Section 269-- 24 omit, insert-- 25 269 Delegation--commission 26 (1) The commission's functions and powers under 27 this Act or another Act, other than the 28 Page 44

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 58] commission's functions under sections 234, 1 251(1) and (2) and 259, are delegated to-- 2 (a) for a function or power under sections 40, 3 245, 254, 256, 258, 260 and 346B, the 4 commission's financial accountability 5 functions and the commission's public 6 record powers--the chief executive officer; 7 or 8 (b) otherwise--the chairman. 9 (2) However, in issuing a direction under section 40, 10 the chief executive officer is subject to the 11 direction and control of the chairman. 12 (3) The chief executive officer may sub-delegate a 13 function or power of the commission delegated to 14 the chief executive officer under subsection (1) to 15 an appropriately qualified commission officer. 16 (4) However-- 17 (a) the commission's powers under section 254 18 in relation to the appointment of a person at 19 a level equivalent to or above the level of a 20 senior officer can not be sub-delegated by 21 the chief executive officer; and 22 (b) the commission's functions and powers 23 under section 346B, and the commission's 24 public record powers, may only be 25 sub-delegated to a senior executive officer; 26 and 27 (c) the commission's financial accountability 28 functions can not be sub-delegated by the 29 chief executive officer. 30 (5) The chairman may sub-delegate a function or 31 power of the commission delegated to the 32 chairman under subsection (1) to an 33 appropriately qualified commission officer. 34 Page 45

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 59] (6) However, the commission's powers under the 1 provisions mentioned in column 1 of the 2 following table may only be sub-delegated to the 3 commission officer or officers mentioned in 4 column 2 of the table-- 5 Provision Commission officer section 50 (Commission may senior executive officer prosecute corrupt conduct) section 60 (Commission may give chief executive officer evidence or information to other or senior executive entities) officer section 62 (Restriction on access) chief executive officer or senior executive officer section 257(2) (Commission chief executive officer officers) (7) In this section-- 6 commission's financial accountability functions 7 means the commission's functions under the 8 Financial Accountability Act 2009. 9 commission's public record powers means the 10 commission's powers under the Public Records 11 Act 2002 as the responsible public authority for a 12 public record. 13 Note-- 14 For an example of the commission's public record 15 powers, see the Public Records Act 2002, section 19. 16 Clause 59 Amendment of s 270 (Delegation--chairperson) 17 (1) Section 270, heading and subsection (1), `chairperson'-- 18 omit, insert-- 19 chairman 20 (2) Section 270(1), `chairperson's'-- 21 Page 46

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 60] omit, insert-- 1 chairman's 2 (3) Section 270(2) and (3)-- 3 omit, insert-- 4 (2) However-- 5 (a) the chairman's powers under section 55F or 6 82(7) may only be delegated to the senior 7 executive officer (crime); and 8 (b) the chairman's powers under section 272 9 may only be delegated to a senior executive 10 officer. 11 Clause 60 Replacement of s 271 (Delegation--assistant 12 commissioner) 13 Section 271-- 14 omit, insert-- 15 271 Delegation--chief executive officer and senior 16 executive officer 17 The chief executive officer or a senior executive 18 officer may delegate the officer's powers under this 19 Act to an appropriately qualified commission officer. 20 Clause 61 Amendment of s 273 (Commission officer's identity card) 21 Section 273(1) and (3), `chairperson'-- 22 omit, insert-- 23 chief executive officer 24 Clause 62 Insertion of new ch 6, pt 1, divs 9 and 10 25 Chapter 6, part 1-- 26 insert-- 27 Page 47

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] Division 9 Disciplinary action for 1 senior officers and 2 commission staff and 3 agents etc. 4 273A Definitions for div 9 5 In this division-- 6 disciplinary action see section 273C(1). 7 disciplinary finding means a finding that a 8 disciplinary ground exists. 9 disciplinary ground means a ground for 10 disciplining a relevant commission officer or 11 former relevant commission officer under section 12 273B. 13 employment, in relation to a person, includes 14 secondment and engagement. 15 former relevant commission officer see section 16 273D(1)(a). 17 relevant commission officer means-- 18 (a) a senior officer; or 19 (b) a person employed under section 254 or 20 seconded under section 255; or 21 (c) a person engaged under section 256. 22 273B Grounds for discipline 23 (1) The chief executive officer may discipline a 24 relevant commission officer if the chief executive 25 officer is reasonably satisfied the officer has-- 26 (a) performed the officer's duties carelessly, 27 incompetently or inefficiently; or 28 (b) been guilty of misconduct; or 29 Page 48

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (c) been absent from duty without approved 1 leave and without reasonable excuse; or 2 (d) contravened, without reasonable excuse, a 3 direction given to the officer by a 4 responsible person; or 5 (e) used, without reasonable excuse, a 6 substance to an extent that has adversely 7 affected the competent performance of the 8 officer's duties; or 9 (f) contravened, without reasonable excuse, a 10 requirement of the chief executive officer 11 under section 273G(1) in relation to the 12 officer's employment by, in response to the 13 requirement-- 14 (i) failing to disclose a serious disciplinary 15 action; or 16 (ii) giving false or misleading information; 17 or 18 (g) contravened, without reasonable excuse-- 19 (i) a provision of this Act; or 20 (ii) a standard of conduct applying to the 21 officer under an approved code of 22 conduct under the Public Sector Ethics 23 Act 1994; or 24 (iii) a standard of conduct, if any, applying 25 to the officer under an approved 26 standard of practice under the Public 27 Sector Ethics Act 1994. 28 (2) Also, the chief executive officer may discipline a 29 former relevant commission officer under section 30 273D on the same grounds mentioned in 31 subsection (1). 32 (3) A disciplinary ground arises when the act or 33 omission constituting the ground is done or 34 made. 35 Page 49

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (4) In this section-- 1 misconduct means-- 2 (a) inappropriate or improper conduct in an 3 official capacity; or 4 (b) inappropriate or improper conduct in a 5 private capacity that reflects seriously and 6 adversely on the commission. 7 Example of misconduct-- 8 victimising another commission officer in the course of 9 the other officer's employment or engagement with the 10 commission 11 responsible person, for a direction, means a 12 person with authority to give the direction, 13 whether the authority derives from this Act or 14 otherwise. 15 273C Disciplinary action that may be taken against 16 a relevant commission officer 17 (1) In disciplining a relevant commission officer, the 18 chief executive officer may take the action, or 19 order the action be taken, (disciplinary action) 20 that the chief executive officer considers 21 reasonable in the circumstances. 22 Examples of disciplinary action-- 23 termination of employment 24 reduction of classification level and a consequential 25 change of duties 26 transfer or redeployment to another unit of the 27 commission 28 forfeiture or deferment of a remuneration increment 29 or increase 30 reduction of remuneration 31 imposition of a monetary penalty 32 Page 50

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] if a penalty is imposed, a direction that the amount of 1 the penalty be deducted from the officer's periodic 2 remuneration payments 3 a reprimand 4 counselling 5 (2) A monetary penalty can not be more than the 6 total of 2 of the relevant commission officer's 7 periodic remuneration payments. 8 (3) Also, an amount directed to be deducted from 9 any particular periodic remuneration payment of 10 the relevant commission officer-- 11 (a) must not be more than half of the amount 12 payable to or for the officer in relation to the 13 payment; and 14 (b) must not reduce the amount of salary 15 payable to the officer in relation to the 16 period to less than-- 17 (i) if the officer has a dependant--the 18 guaranteed minimum wage for each 19 week of the period; or 20 (ii) otherwise--two-thirds of the 21 guaranteed minimum wage for each 22 week of the period. 23 (4) An order under subsection (1) is binding on 24 anyone affected by it. 25 273D Disciplinary action that may be taken against 26 a former relevant commission officer 27 (1) This section applies if-- 28 (a) a disciplinary ground arises in relation to a 29 relevant commission officer (the former 30 relevant commission officer); and 31 Page 51

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (b) after the disciplinary ground arises, the 1 officer's employment as a relevant 2 commission officer ends for any reason. 3 (2) The chief executive officer may make a 4 disciplinary finding, or take disciplinary action 5 under this section, against the former relevant 6 commission officer in relation to the disciplinary 7 ground. 8 (3) The disciplinary finding or disciplinary action 9 must be made or taken within a period of 2 years 10 after the end of the relevant commission officer's 11 employment. 12 (4) For subsections (2) and (3), the chief executive 13 officer takes disciplinary action against a former 14 relevant commission officer by making a 15 disciplinary declaration against the officer. 16 (5) The chief executive officer may only make a 17 disciplinary declaration if the disciplinary action 18 that would have been taken against the former 19 relevant commission officer if the officer's 20 employment had not ended would have been-- 21 (a) dismissal; or 22 (b) reduction of classification level. 23 (6) The making of the disciplinary declaration does 24 not affect the way in which the relevant 25 commission officer's employment ended, or any 26 benefits, rights or liabilities arising because the 27 employment ended. 28 (7) In this section-- 29 disciplinary declaration means a declaration 30 of-- 31 (a) the disciplinary finding against the former 32 relevant commission officer; and 33 (b) the disciplinary action that would have been 34 taken against the relevant commission 35 Page 52

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] officer if the officer's employment had not 1 ended. 2 273E Suspension of relevant commission officer 3 liable to disciplinary action 4 (1) The chief executive officer may suspend a 5 relevant commission officer from duty if the 6 chief executive officer reasonably believes the 7 officer is liable to disciplinary action under this 8 Act. 9 (2) However, before suspending the relevant 10 commission officer, the chief executive officer 11 must consider all alternative duties that may be 12 available for the officer to perform. 13 (3) During the period of the suspension the relevant 14 commission officer is entitled to normal 15 remuneration, less any amount earned by the 16 officer from alternative employment that the 17 officer engages in during the period. 18 (4) For subsection (3), alternative employment does 19 not include employment of the relevant 20 commission officer if-- 21 (a) the officer was engaged in the employment 22 at the time of the suspension; and 23 (b) the officer's engaging in the employment 24 was not in contravention of this Act or an 25 obligation imposed on the officer under a 26 code of conduct approved under the Public 27 Sector Ethics Act 1994. 28 (5) The deduction under subsection (3) must not be 29 more than the amount of the relevant commission 30 officer's normal remuneration during the period 31 of the suspension. 32 (6) The continuity of the relevant commission 33 officer's service as a relevant commission officer 34 Page 53

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] is taken not to have been broken only because of 1 the suspension. 2 (7) The chief executive officer may cancel the 3 suspension at any time. 4 273F Procedure for disciplinary action 5 (1) In disciplining a relevant commission officer or 6 former relevant commission officer or 7 suspending a relevant commission officer, the 8 chief executive officer must comply with this Act 9 and the principles of natural justice. 10 (2) However, natural justice is not required if the 11 suspension is on normal remuneration. 12 (3) If the chief executive officer decides to suspend 13 or terminate the employment of a relevant 14 commission officer, the chief executive officer 15 must give the officer notice of the suspension or 16 termination. 17 (4) The notice must state-- 18 (a) for a suspension-- 19 (i) when the suspension starts and ends; 20 and 21 (ii) the remuneration to which the relevant 22 commission officer is entitled for the 23 period of the suspension under section 24 273E; and 25 (b) for a termination--the day when it takes 26 effect. 27 Page 54

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] Division 10 Additional provision about 1 senior officers and 2 commission staff and 3 agents 4 273G Requirement to disclose previous history of 5 serious disciplinary action 6 (1) If the chief executive officer proposes to employ 7 a person as a relevant commission officer, the 8 chief executive officer may require the person to 9 disclose to the chief executive officer particulars 10 of any serious disciplinary action taken against 11 the person. 12 (2) The person must comply with the requirement 13 before the employment takes effect and within 14 the time and in the way stated by the chief 15 executive officer. 16 (3) The chief executive officer may have regard to 17 information disclosed by the person under this 18 section in deciding whether to employ a person 19 as a relevant commission officer. 20 (4) The chief executive officer is not required to 21 further consider the person for employment as a 22 relevant commission officer if the person-- 23 (a) fails to comply with the requirement; or 24 (b) gives false or misleading information in 25 response to the requirement. 26 (5) In this section-- 27 disciplinary action, for a person, means any 28 action of a disciplinary nature taken against the 29 person under this Act or a public sector 30 disciplinary law. 31 disciplinary declaration means-- 32 Page 55

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (a) a disciplinary declaration under section 1 273D; or 2 (b) a disciplinary declaration within the 3 meaning of the Public Service Act 2008, 4 schedule 4, definition disciplinary 5 declaration, paragraph (a). 6 employ, in relation to a person, includes second 7 and engage. 8 public sector disciplinary law means a public 9 sector disciplinary law under the Public Service 10 Act 2008. 11 relevant commission officer means-- 12 (a) a senior officer; or 13 (b) a person employed under section 254 or 14 seconded under section 255; or 15 (c) a person engaged under section 256. 16 serious disciplinary action, in relation to a 17 person, means-- 18 (a) disciplinary action taken against the person, 19 involving-- 20 (i) termination of employment; or 21 (ii) reduction of classification level or 22 rank; or 23 (iii) transfer or redeployment to other 24 employment; or 25 (iv) reduction of remuneration level; or 26 (b) a disciplinary declaration that states a 27 disciplinary action mentioned in paragraph 28 (a)(i) or (ii) as the disciplinary action that 29 would have been taken against the person if 30 the person's employment had not ended. 31 Page 56

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 63] Clause 63 Amendment of s 278 (Membership of reference 1 committee) 2 (1) Section 278(1)(a) and (b)-- 3 omit, insert-- 4 (a) the senior executive officer (crime), who is 5 the chairperson of the reference committee; 6 (b) the chairman of the commission; 7 (2) Section 278(1)(ea) and (1B), `assistant commissioner, 8 misconduct'-- 9 omit, insert-- 10 senior executive officer (corruption) 11 (3) Section 278(1B), `misconduct.'-- 12 omit, insert-- 13 corruption. 14 (4) Section 278(4)-- 15 omit. 16 Clause 64 Amendment of s 279 (Deputy committee member) 17 Section 279(1)-- 18 omit, insert-- 19 (1) The chairman of the commission may appoint as 20 the chairman's deputy for a reference committee 21 meeting another commissioner or the senior 22 executive officer (corruption) (deputy committee 23 member). 24 Clause 65 Amendment of ch 6, pt 3, hdg (Parliamentary Crime and 25 Misconduct Committee) 26 Chapter 6, part 3, heading, `Misconduct'-- 27 omit, insert-- 28 Page 57

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 66] Corruption 1 Clause 66 Amendment of s 291 (Establishment of parliamentary 2 committee) 3 Section 291, `Misconduct'-- 4 omit, insert-- 5 Corruption 6 Clause 67 Amendment of s 292 (Functions) 7 (1) Section 292(f), from `at a time' to `members and'-- 8 omit, insert-- 9 by 30 June 2016, and by the end of each 5-year period 10 following that day, and, for each review, 11 (2) Section 292(g)-- 12 renumber as section 292(h). 13 (3) Section 292-- 14 insert-- 15 (g) to periodically review the structure of the 16 commission, including the relationship 17 between the types of commissioners and the 18 roles, functions and powers of the 19 commission, the chairman and the chief 20 executive officer, and, for each review, to 21 table in the Legislative Assembly a report 22 about the review, including any 23 recommendations about changes to the Act. 24 Clause 68 Amendment of s 295 (Referral of concerns by 25 parliamentary committee) 26 Section 295(1)(b)-- 27 omit, insert-- 28 Page 58

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 69] (b) is notified by the chairman, deputy chairman 1 or chief executive officer of conduct of a 2 commission officer that the chairman, 3 deputy chairman or chief executive officer 4 suspects involves, or may involve, improper 5 conduct. 6 Note-- 7 See section 329 for the duties to notify the 8 parliamentary committee of conduct of 9 commission officers suspected to involve, or may 10 involve, improper conduct. 11 Clause 69 Insertion of new s 302A 12 Chapter 6, part 3, division 5-- 13 insert-- 14 302A Meetings of parliamentary committee 15 generally to be held in public 16 (1) A meeting of the parliamentary committee must 17 be held in public. 18 (2) However, the parliamentary committee may 19 decide that a meeting or a part of a meeting be 20 held in private if the committee considers it is 21 necessary to avoid the disclosure of-- 22 (a) confidential information or information the 23 disclosure of which would be contrary to the 24 public interest; or 25 (b) information about a complaint about corrupt 26 conduct dealt with, or being dealt with, by 27 the commission; or 28 (c) information about an investigation or 29 operation conducted, or being conducted, by 30 the commission in the performance of its 31 crime function, corruption function or 32 intelligence function. 33 Note-- 34 Page 59

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 70] The standing rules and orders of the Legislative 1 Assembly provide for who may attend a public or 2 private meeting of the committee--see standing order 3 207. 4 Clause 70 Amendment of ch 6, pt 4, hdg (Parliamentary crime and 5 misconduct commissioner) 6 Chapter 6, part 4, heading, `misconduct'-- 7 omit, insert-- 8 corruption 9 Clause 71 Amendment of s 303 (Office of parliamentary crime and 10 misconduct commissioner) 11 Section 303, heading and subsection (1), `misconduct'-- 12 omit, insert-- 13 corruption 14 Clause 72 Amendment of s 308 (Acting parliamentary 15 commissioner) 16 Section 308(1), `must'-- 17 omit, insert-- 18 may 19 Clause 73 Amendment of s 314 (Functions of parliamentary 20 commissioner) 21 Section 314-- 22 insert-- 23 (4) The parliamentary commissioner also has the 24 function to investigate on his or her own initiative 25 a matter mentioned in subsection (2)(b) or (c), or 26 a matter notified to the parliamentary 27 commissioner under section 329, if-- 28 Page 60

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 74] (a) the matter relates to conduct of a 1 commission officer that involves or may 2 involve corrupt conduct; and 3 (b) the parliamentary commissioner is satisfied, 4 on reasonable grounds-- 5 (i) the commission has not adequately 6 dealt with the matter; or 7 (ii) the commission may not adequately 8 deal with the matter; or 9 (iii) it is in the public interest. 10 (5) The parliamentary commissioner may conduct a 11 preliminary assessment of a matter to decide 12 whether subsection (4)(a) and (b) is satisfied for 13 the matter. 14 (6) The parliamentary commissioner may exercise 15 the powers under section 317, but not the powers 16 under section 318, for a preliminary assessment 17 under subsection (5). 18 (7) If the parliamentary commissioner decides to 19 investigate a matter under subsection (4) or 20 conduct a preliminary assessment under 21 subsection (5), the parliamentary commissioner 22 must notify the parliamentary committee of the 23 decision. 24 Clause 74 Insertion of new ss 314A and 314B 25 After section 314-- 26 insert-- 27 314A Recommendation or referral arising from 28 investigation conducted on parliamentary 29 commissioner's own initiative 30 (1) This section applies if the parliamentary 31 commissioner investigates a matter under section 32 314(4). 33 Page 61

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 74] (2) If, from information obtained in conducting the 1 investigation, the parliamentary commissioner 2 decides that prosecution proceedings for an 3 offence should be considered, the parliamentary 4 commissioner may refer the matter to the director 5 of public prosecutions, or other appropriate 6 prosecuting authority, for the purposes of any 7 prosecution proceedings the director or other 8 authority considers warranted. 9 (3) If the matter involved conduct of a commission 10 officer, the parliamentary commissioner may-- 11 (a) for conduct of a commissioner--make a 12 recommendation to the Minister or the 13 parliamentary committee that the Minister 14 or parliamentary committee consider 15 whether disciplinary action should be taken 16 against the commissioner; or 17 (b) for conduct of another commission 18 officer--make a recommendation to the 19 chief executive officer that the chief 20 executive officer consider whether 21 disciplinary action should be taken against 22 the officer. 23 (4) The parliamentary commissioner must not 24 include in a referral under subsection (2) or a 25 recommendation under subsection (3)-- 26 (a) any statement that a person has engaged, is 27 engaging or is about to engage in conduct 28 that constitutes a criminal offence or 29 disciplinary breach; or 30 (b) any opinion or recommendation that a 31 person should be prosecuted for a criminal 32 offence or be the subject of disciplinary 33 action or further disciplinary action. 34 (5) The parliamentary commissioner may table a 35 referral under subsection (2) or a 36 recommendation under subsection (3), or an 37 Page 62

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 74] extract from the referral or recommendation, in 1 the Legislative Assembly if, and only if-- 2 (a) the parliamentary commissioner is satisfied 3 of the following-- 4 (i) the referral or recommendation relates 5 to a case of serious corrupt conduct; 6 (ii) the referral or recommendation has not 7 been adequately dealt with; 8 (iii) tabling the referral or recommendation, 9 or extract, is in the public interest; and 10 (b) the person to whom the referral or 11 recommendation relates has been afforded 12 procedural fairness for the disclosure of the 13 referral or recommendation. 14 (6) In this section-- 15 disciplinary action, for a commission officer, 16 means any action of a disciplinary nature 17 permitted to be taken against the officer under 18 this Act, another law or the officer's terms of 19 employment or engagement, including, for 20 example, terminating the officer's appointment, 21 employment or engagement under this Act. 22 Note-- 23 See chapter 6, part 1, division 9 in relation to 24 disciplinary action against senior officers and 25 commission staff and agents. 26 314B Report on investigation conducted on 27 parliamentary commissioner's own initiative 28 (1) This section applies if the parliamentary 29 commissioner investigates a matter under section 30 314(4). 31 (2) The parliamentary commissioner must-- 32 Page 63

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 74] (a) report to the parliamentary committee on the 1 results of the investigation; and 2 (b) give a copy of the report to-- 3 (i) if the report relates to the conduct of a 4 commissioner--the Minister; or 5 (ii) otherwise--the chief executive officer. 6 (3) The parliamentary commissioner must include in 7 the report information about-- 8 (a) a referral made by the parliamentary 9 commissioner under section 314A(2); or 10 (b) a recommendation made by the 11 parliamentary commissioner under section 12 314A(3). 13 (4) The parliamentary committee may take action 14 under this Act in relation to the matter the subject 15 of the report. 16 Note-- 17 See, for example, sections 236(3)(a) and 295 for action 18 the parliamentary committee may take under this Act. 19 (5) The parliamentary committee or the Minister 20 may table the report, or an extract from the 21 report, in the Legislative Assembly if, and only 22 if-- 23 (a) the committee or Minister is satisfied of the 24 following-- 25 (i) the report relates to a case of serious 26 corrupt conduct; 27 (ii) the matter the subject of the report has 28 not been adequately dealt with under 29 this Act; 30 (iii) tabling the report or extract is in the 31 public interest; and 32 Page 64

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 75] (b) if the tabling of the report or extract would 1 disclose information adverse to a person, the 2 person has been afforded procedural fairness 3 for the disclosure. 4 Clause 75 Amendment of s 318 (Parliamentary commissioner may 5 conduct hearings in limited circumstances) 6 (1) Section 318(1)(b)-- 7 omit, insert-- 8 (b) the parliamentary commissioner considers it 9 appropriate to hold a hearing to obtain the 10 information. 11 (2) Section 318(2)-- 12 omit. 13 (3) Section 318(3)-- 14 renumber as section 318(2). 15 (4) Section 318-- 16 insert-- 17 (3) If the parliamentary commissioner decides to 18 hold a hearing under this section, the 19 parliamentary commissioner must notify the 20 parliamentary committee of the decision. 21 Clause 76 Insertion of new s 323A 22 Chapter 6, part 4-- 23 insert-- 24 323A Use of report on investigation conducted by 25 parliamentary committee or parliamentary 26 commissioner 27 (1) This section applies if the Minister or chief 28 executive officer receives a report on an 29 investigation into the conduct of a commission 30 Page 65

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 76] officer from the parliamentary committee or the 1 parliamentary commissioner. 2 Note-- 3 See section 314B in relation to reports given to the 4 Minister or chief executive officer by the parliamentary 5 commissioner. 6 (2) The report may be used-- 7 (a) by the Minister or chief executive officer for 8 deciding whether to take disciplinary action 9 against the commission officer the subject of 10 the report and what disciplinary action 11 should be taken; and 12 (b) for any disciplinary proceeding relating to 13 the commission officer. 14 (3) This section applies despite section 323 or any 15 other law providing for parliamentary privilege in 16 relation to the report. 17 (4) In this section-- 18 disciplinary action, for a commission officer, 19 means any action of a disciplinary nature 20 permitted to be taken against the officer under 21 this Act, another law or the officer's terms of 22 employment or engagement, including, for 23 example, terminating the person's appointment, 24 employment or engagement under this Act. 25 Note-- 26 See chapter 6, part 1, division 9 in relation to 27 disciplinary action against senior officers and 28 commission staff and agents. 29 disciplinary proceeding, relating to a 30 commission officer, means-- 31 (a) a proceeding for taking disciplinary action 32 against the officer; or 33 Page 66

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 77] (b) a proceeding for the review of, or appeal 1 against, disciplinary action taken against the 2 officer; or 3 (c) a proceeding involving a claim for a remedy 4 relating to disciplinary action taken against 5 the officer. 6 Clause 77 Replacement of s 329 (Duty of chairperson to notify 7 improper conduct to the parliamentary committee) 8 Section 329-- 9 omit, insert-- 10 329 Duty to notify the parliamentary committee 11 and the parliamentary commissioner of 12 improper conduct 13 (1) The person mentioned in column 1 of the 14 following table (the notifier) must notify the 15 parliamentary committee and the parliamentary 16 commissioner of all conduct of a person 17 mentioned opposite the notifier in column 2 of 18 the table that the notifier suspects involves, or 19 may involve, improper conduct. 20 Column 1 Column 2 chairman commissioner other than the chairman deputy chairman chairman chief executive officer commission officer other than a commissioner (2) A notification under subsection (1) must be given 21 in the way and within the time required by the 22 parliamentary committee or parliamentary 23 commissioner. 24 (3) In forming a suspicion for subsection (1) in 25 relation to the conduct of a person, the notifier 26 must disregard the intention of the person in 27 engaging in the conduct. 28 Page 67

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 77] (4) In this section-- 1 improper conduct, of a person, means-- 2 (a) disgraceful or improper conduct in an 3 official capacity; or 4 (b) disgraceful or improper conduct in a private 5 capacity that reflects seriously and 6 adversely on the commission; or 7 (c) conduct that would, if the person were an 8 officer in a unit of public administration, be 9 corrupt conduct; or 10 (d) disclosure of confidential information 11 without the required authorisation, whether 12 or not the disclosure contravenes an Act; or 13 (e) failure to ensure-- 14 (i) a register kept by the commission 15 under an Act is up to date and 16 complete; or 17 (ii) all required documentation is on a file 18 kept by the commission and correctly 19 noted on a register kept by the 20 commission under an Act; or 21 (f) exercise of a power without obtaining the 22 required authorisation, whether 23 inadvertently or deliberately; or 24 (g) noncompliance with a policy or procedural 25 guideline set by the commission, whether 26 inadvertently or deliberately, that is not of a 27 minor or trivial nature; or 28 (h) exercise of a power conferred on the person 29 under this or another Act in a way that is an 30 abuse of the power. 31 Page 68

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 78] Clause 78 Amendment of s 335 (Protecting officials and others from 1 liability) 2 Section 335(5), definition official, after `means'-- 3 insert-- 4 a person who is or was 5 Clause 79 Amendment of s 336 (Protection of parliamentary 6 commissioner and officers etc.) 7 (1) Section 336-- 8 insert-- 9 (5A) In a proceeding for defamation, there is a defence 10 of absolute privilege for a publication to or by the 11 parliamentary commissioner made for the 12 purpose of performing the parliamentary 13 commissioner's functions under this Act. 14 (5B) This section does not limit protection given to a 15 person under another provision of this Act. 16 (2) Section 336(6), definition parliamentary commissioner 17 officer, after `means'-- 18 insert-- 19 a person who is or was 20 (3) Section 336(5A) to (6)-- 21 renumber as section 336(6) to (8). 22 Clause 80 Insertion of new ch 8, pt 11 23 Chapter 8-- 24 insert-- 25 Page 69

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 80] Part 11 Crime and Misconduct 1 and Other Legislation 2 Amendment Act 2014 3 Division 1 Preliminary 4 396 Definitions for pt 11 5 In this part-- 6 amendment Act means the Crime and 7 Misconduct and Other Legislation Amendment 8 Act 2014. 9 commencement day means the day divisions 3 to 10 7 of this part, as inserted by the amendment Act, 11 commence. 12 Division 2 Continuing particular 13 appointments until the 14 commencement day 15 397 Acting chairperson 16 (1) This section applies to a person who holds an 17 appointment to act as the chairperson of the 18 commission on the day this section commences. 19 (2) The person's appointment to act as the 20 chairperson of the commission continues until, 21 and only until, the commencement day on the 22 same terms and conditions (other than the 23 duration of the appointment). 24 (3) Subsection (2) stops applying if the person's 25 appointment is terminated or otherwise ends 26 under this Act or the terms and conditions 27 Page 70

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 80] applying to the person's appointment under the 1 subsection. 2 (4) This section applies despite the Acts 3 Interpretation Act 1954, section 24B(5). 4 398 Part-time commissioners and acting part-time 5 commissioners 6 (1) This section applies to a person who holds a 7 part-time commissioner appointment on the day 8 this section commences. 9 (2) The person's part-time commissioner 10 appointment continues until, and only until, the 11 commencement day on the same terms and 12 conditions (other than the duration of the 13 appointment). 14 (3) Subsection (2) stops applying if the person's 15 appointment is terminated or otherwise ends 16 under this Act or the terms and conditions 17 applying to the person's appointment under the 18 subsection. 19 (4) In this section-- 20 part-time commissioner appointment means an 21 appointment-- 22 (a) as a part-time commissioner; or 23 (b) to act as a part-time commissioner. 24 399 Declaration for continued appointments 25 (1) This section applies if the amendment Act is 26 assented to after the day that a person's 27 appointment to act as the chairperson, as a 28 part-time commissioner, or to act as a part-time 29 commissioner, would have ended but for section 30 397 or 398. 31 Page 71

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (2) For this Act, the person's appointment is declared 1 to always have been validly extended for the 2 relevant period. 3 (3) Anything done or omitted to be done by the 4 person during the relevant period that would have 5 been valid and lawful under this Act had the 6 person's appointment been validly extended for 7 the relevant period is declared to always have 8 been valid and lawful. 9 (4) Subsection (3) applies for all purposes, including 10 a proceeding decided before, or started before or 11 after, the relevant period ends. 12 (5) In this section-- 13 proceeding means-- 14 (a) an investigation or hearing under this Act; or 15 (b) a civil or criminal proceeding. 16 relevant period, for a person appointed to act as 17 the chairperson, as a part-time commissioner or 18 to act as a part-time commissioner, means the 19 period between-- 20 (a) when the person's appointment would have 21 ended but for section 397 or 398; and 22 (b) the day the amendment Act is assented to. 23 Clause 81 Insertion of new ch 8, pt 11, divs 3 to 7 24 Chapter 8, part 11 as inserted by this Act-- 25 insert-- 26 Division 3 General 27 400 References to Crime and Misconduct Act 2001 28 and particular terms 29 In an instrument, if the context permits-- 30 Page 72

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (a) a reference to the Crime and Misconduct Act 1 2001 may be taken to be a reference to the 2 Crime and Corruption Act 2001; and 3 (b) a reference to misconduct within the 4 meaning given by the Crime and 5 Misconduct Act 2001 may be taken to be a 6 reference to corruption within the meaning 7 given by the Crime and Corruption Act 8 2001; and 9 (c) a reference to official misconduct within the 10 meaning given by the Crime and 11 Misconduct Act 2001 may be taken to be a 12 reference to corrupt conduct within the 13 meaning given by the Crime and Corruption 14 Act 2001. 15 401 References to former titles 16 (1) In an instrument, a reference in column 1 of the 17 following table may, if the context permits, be 18 taken to be the corresponding reference in 19 column 2 of the table. 20 Column 1 Column 2 crime and misconduct crime and corruption commission commission chairperson of the crime chairman of the crime and and misconduct corruption commission commission assistant commissioner, senior executive officer crime (crime) assistant commissioner, senior executive officer misconduct (corruption) parliamentary crime and parliamentary crime and misconduct commissioner corruption commissioner parliamentary crime and parliamentary crime and misconduct committee corruption committee Page 73

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (2) Subsection (3) applies if a reference in column 2 1 of the table in section 351(2) is also a reference in 2 column 1 of the table in subsection (1) of this 3 section. 4 (3) From the commencement day, if the context 5 permits, section 351(2) applies as if the reference 6 in column 2 of the table in section 351(2) were 7 the corresponding reference in column 2 of the 8 table in subsection (1) of this section. 9 Division 4 Commissioners from 10 commencement day 11 Subdivision 1 Existing appointments 12 402 Acting chairperson 13 (1) This section applies to a person who, 14 immediately before the commencement day, 15 holds an appointment to act as the chairperson of 16 the commission. 17 Note-- 18 See section 397 in relation to the continuation of the 19 person's appointment to act as the chairperson until the 20 commencement day. 21 (2) The person is appointed to act as the chairman of 22 the commission-- 23 (a) from the start of the commencement day; 24 and 25 (b) until the earlier of the following-- 26 (i) 31 October 2014; 27 (ii) the day a person's appointment as 28 chairman under section 229 takes 29 effect. 30 Page 74

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (3) The person's appointment and employment to act 1 as the chairman of the commission is subject to 2 the same terms and conditions applying to the 3 person's appointment and employment to act as 4 the chairperson before the commencement day 5 (other than the duration of that appointment). 6 (4) Until the person's appointment to act as the 7 chairman of the commission ends under 8 subsection (2)(b)-- 9 (a) a reference in a provision of this part to the 10 chairman is taken to be a reference to the 11 person; and 12 (b) for that purpose, the provision applies with 13 necessary changes. 14 (5) Subsection (6) applies if the person is appointed 15 as a commissioner from the day the person's 16 appointment under subsection (2) ends. 17 (6) The period for which the person was appointed to 18 act as the chairperson immediately before the 19 commencement day, and the period of the 20 person's appointment under subsection (2), is to 21 be counted as a period for which the person holds 22 office in the commission as a commissioner for 23 the purposes of section 231(3). 24 403 Part-time commissioners 25 (1) This section applies if a person who was a 26 part-time commissioner immediately before the 27 commencement day-- 28 (a) is appointed as a commissioner from the 29 commencement day; or 30 (b) is appointed to act as a commissioner from 31 the commencement day and is appointed as 32 a commissioner from when that acting 33 appointment ends. 34 Page 75

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] Note-- 1 See section 398 in relation to the continuation of the 2 person's appointment as a part-time commissioner until 3 the commencement day. 4 (2) The period for which the person was a part-time 5 commissioner immediately before the 6 commencement day is to be counted as a period 7 for which the person holds office in the 8 commission as a commissioner for the purposes 9 of section 231(3). 10 (3) Also, if subsection (1)(b) applies, the period for 11 which the person was appointed to act as a 12 commissioner from the commencement day is to 13 be counted as a period for which the person holds 14 office in the commission as a commissioner for 15 the purposes of section 231(3). 16 404 Acting part-time commissioners 17 (1) This section applies if a person who held an 18 appointment to act as a part-time commissioner 19 immediately before the commencement day-- 20 (a) is appointed as a commissioner from the 21 commencement day; or 22 (b) is appointed to act as a commissioner from 23 the commencement day and is appointed as 24 a commissioner from when that acting 25 appointment ends. 26 Note-- 27 See section 398 in relation to the continuation of the 28 person's appointment to act as a part-time commissioner 29 until the commencement day. 30 (2) The period for which the person was appointed to 31 act as a part-time commissioner immediately 32 before the commencement day is to be counted as 33 a period for which the person holds office in the 34 Page 76

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] commission as a commissioner for the purposes 1 of section 231(3). 2 (3) Also, if subsection (1)(b) applies, the period for 3 which the person was appointed to act as a 4 commissioner from the commencement day is to 5 be counted as a period for which the person holds 6 office in the commission as a commissioner for 7 the purposes of section 231(3). 8 Subdivision 2 New appointments 9 405 Provision for selection processes for roles of 10 commissioners 11 An appointment of a person as a commissioner after 12 the enactment of the amendment Act is not to be taken 13 to be invalid only because action was taken in relation 14 to the filling of the role of the commissioner before the 15 enactment. 16 Subdivision 3 Other provisions about 17 former commissioners 18 406 Hearing, investigation or operation being 19 conducted by former commissioner 20 (1) This section applies to a commission hearing, 21 commission investigation or specific intelligence 22 operation that, immediately before the 23 commencement day, was being conducted by a 24 former commissioner. 25 (2) From the start of the commencement day, the 26 commission hearing, commission investigation or 27 specific intelligence operation may be continued 28 and be conducted by the following person (the 29 presiding officer)-- 30 Page 77

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (a) for a commission hearing that is a public 1 hearing-- 2 (i) the chairman; or 3 (ii) if the chairman considers it necessary 4 for the efficient operation of the 5 commission--a sessional 6 commissioner or senior executive 7 officer as decided by the chairman; 8 (b) for a commission hearing that is a closed 9 hearing, any of the following as decided by 10 the chairman-- 11 (i) the chairman; 12 (ii) a sessional commissioner; 13 (iii) a senior executive officer; 14 (iv) another person qualified for 15 appointment as the chairman; 16 (c) for a commission investigation or specific 17 intelligence operation--an appropriately 18 qualified commission officer decided by the 19 chairman. 20 (3) For subsection (2), anything done by the former 21 commissioner in relation to the commission 22 hearing, commission investigation or specific 23 intelligence operation is taken to have been done 24 by the presiding officer. 25 (4) In this section-- 26 conducted includes undertaken. 27 former commissioner means a person who was 28 any of the following under this Act as in force 29 before the commencement day-- 30 (a) the acting chairperson; 31 (b) a part-time commissioner; 32 (c) an acting part-time commissioner. 33 Page 78

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] 407 Things done by or in relation to former 1 commissioner 2 (1) This section applies to anything done by or in 3 relation to a former commissioner under an Act 4 (the empowering Act)-- 5 (a) whose effect had not ended immediately 6 before the commencement day; and 7 (b) that, on and from the commencement day, is 8 something that can be done by or in relation 9 to a commissioner under the empowering 10 Act; and 11 (c) that is not otherwise dealt with by a 12 provision of this division. 13 (2) The thing done by or in relation to the former 14 commissioner-- 15 (a) continues to have effect; and 16 (b) from the start of the commencement day, is 17 taken to have been done by or in relation 18 to-- 19 (i) if the thing is something that may be 20 done by or in relation to the chairman 21 under the empowering Act--the 22 chairman; or 23 (ii) if subparagraph (i) does not apply and 24 the thing is something that may be 25 done by or in relation to the deputy 26 chairman under the empowering 27 Act--the deputy chairman; or 28 (iii) if subparagraph (i) does not apply and 29 the thing is something that may be 30 done by or in relation to the chief 31 executive officer under the empowering 32 Act--the chief executive officer; or 33 (iv) otherwise--a commissioner. 34 Page 79

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (3) In this section-- 1 former commissioner means a person who was 2 any of the following under this Act as in force 3 before the commencement day-- 4 (a) the chairperson; 5 (b) the acting chairperson; 6 (c) a part-time commissioner; 7 (d) an acting part-time commissioner. 8 Division 5 Assistant commissioners 9 408 Assistant commissioners continue as senior 10 executive officers 11 (1) This section applies to a person who, 12 immediately before the commencement day, 13 holds an appointment as an assistant 14 commissioner. 15 (2) At the start of the commencement day, the 16 appointment and employment of the person as an 17 assistant commissioner ends. 18 (3) From the start of the commencement day, the 19 person is appointed as-- 20 (a) for the assistant commissioner (crime)--the 21 senior executive officer (crime); or 22 (b) for the assistant commissioner 23 (misconduct)--the senior executive officer 24 (corruption). 25 (4) The person is taken to be employed as the senior 26 executive officer (crime) or senior executive 27 officer (corruption) under the contract under 28 which the person was employed as an assistant 29 commissioner before the commencement day. 30 Page 80

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (5) Without limiting subsection (4), the person's 1 appointment and employment as the senior 2 executive officer (crime) or senior executive 3 officer (corruption) continues on the same terms, 4 conditions and entitlements as those applying to 5 the person's appointment and employment as an 6 assistant commissioner. 7 (6) Also, the following applies for the person-- 8 (a) the person retains and is entitled to all 9 rights, benefits and entitlements that have 10 accrued to the person because of the 11 person's previous employment as an 12 assistant commissioner, including because 13 of the operation of section 249(2) as in force 14 before the commencement day; 15 (b) the person's accruing rights, including to 16 superannuation or recreation, sick, long 17 service or other leave, are not affected; 18 (c) continuity of service is not interrupted, 19 except that the person is not entitled to claim 20 the benefit of a right or entitlement more 21 than once in relation to the same period of 22 service; 23 (d) the employment does not constitute a 24 termination of employment or a 25 retrenchment or redundancy; 26 (e) the person is not entitled to a payment or 27 other benefit because he or she is no longer 28 an assistant commissioner; 29 (f) section 249(3) as in force before the 30 commencement day does not apply to the 31 person in relation to the person ceasing to be 32 an assistant commissioner. 33 Note-- 34 Page 81

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] See also section 247(3C) in relation to counting time 1 spent by a person as assistant commissioner as time 2 spent by the person as a senior officer. 3 409 Acting assistant commissioners 4 (1) This section applies to a person who, 5 immediately before the commencement day, 6 holds an appointment to act as an assistant 7 commissioner. 8 (2) At the start of the commencement day, the 9 person's appointment and employment to act as 10 the assistant commissioner ends. 11 (3) If the person is appointed as a senior officer, the 12 period for which the person was appointed to act 13 as an assistant commissioner immediately before 14 the commencement day is to be counted as a 15 period for which the person holds office as the 16 senior officer for the purposes of section 247. 17 410 Hearing, investigation or operation being 18 conducted by assistant commissioner 19 (1) This section applies to a commission hearing, 20 commission investigation or specific intelligence 21 operation that, immediately before the 22 commencement day, was being conducted by an 23 assistant commissioner. 24 (2) From the start of the commencement day, the 25 commission hearing, commission investigation or 26 specific intelligence operation may be continued 27 and be conducted by-- 28 (a) if the hearing, investigation or operation was 29 being conducted by the assistant 30 commissioner (crime)--the senior executive 31 officer (crime); or 32 (b) if the hearing, investigation or operation was 33 being conducted by the assistant 34 Page 82

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] commissioner (misconduct)--the senior 1 executive officer (corruption). 2 (3) For subsection (2), anything done by the assistant 3 commissioner in relation to the commission 4 hearing, commission investigation or specific 5 intelligence operation is taken to have been done 6 by-- 7 (a) if the hearing, investigation or operation was 8 being conducted by the assistant 9 commissioner (crime)--the senior executive 10 officer (crime); or 11 (b) if the hearing, investigation or operation was 12 being conducted by the assistant 13 commissioner (misconduct)--the senior 14 executive officer (corruption). 15 (4) In this section-- 16 conducted includes undertaken. 17 411 Things done by or in relation to assistant 18 commissioner (crime) 19 (1) This section applies to anything done by or in 20 relation to the assistant commissioner (crime) 21 under an Act (the empowering Act)-- 22 (a) whose effect had not ended immediately 23 before the commencement day; and 24 (b) that, on and from the commencement day, is 25 something that may be done by or in relation 26 to the senior executive officer (crime) under 27 the empowering Act; and 28 (c) that is not otherwise dealt with by a 29 provision of this division. 30 (2) The thing done by or in relation to the assistant 31 commissioner (crime)-- 32 (a) continues to have effect; and 33 Page 83

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (b) from the start of the commencement day, is 1 taken to have been done by or in relation to 2 the senior executive officer (crime). 3 412 Things done by or in relation to assistant 4 commissioner (misconduct) 5 (1) This section applies to anything done by or in 6 relation to the assistant commissioner 7 (misconduct) under an Act (the empowering 8 Act)-- 9 (a) whose effect had not ended immediately 10 before the commencement day; and 11 (b) that, on and from the commencement day, is 12 something that may be done by or in relation 13 to the senior executive officer (corruption) 14 under the empowering Act; and 15 (c) that is not otherwise dealt with by a 16 provision of this division. 17 (2) The thing done by or in relation to the assistant 18 commissioner (misconduct)-- 19 (a) continues to have effect; and 20 (b) from the start of the commencement day, is 21 taken to have been done by or in relation to 22 the senior executive officer (corruption). 23 Division 6 Functions of parliamentary 24 commissioner 25 413 Investigations on parliamentary 26 commissioner's own initiative 27 Section 314(4) applies only in relation to conduct, of a 28 commission officer, engaged in on or after the 29 commencement day. 30 Page 84

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] 414 Hearings conducted by parliamentary 1 commissioner 2 (1) Section 318 as in force on the commencement 3 day applies only in relation to a matter that comes 4 to the parliamentary commissioner's knowledge 5 on or after the commencement day. 6 (2) Section 318 as in force before the 7 commencement day continues to apply in 8 relation to a matter that comes to the 9 parliamentary commissioner's knowledge before 10 the commencement day, as if the amendment Act 11 had not been enacted. 12 415 Use of report of investigation conducted by 13 parliamentary commissioner 14 Section 323A applies only in relation to a report of an 15 investigation started on or after the commencement 16 day. 17 Division 7 Other provisions 18 416 Existing complaints 19 (1) The commission or a public official must deal 20 with an existing complaint under this Act as in 21 force on the commencement day. 22 (2) However, section 36(3) does not apply in relation 23 to an existing complaint. 24 (3) Also, section 216 as in force before the 25 commencement day continues to apply in 26 relation to an existing complaint. 27 (4) Section 216A does not apply in relation to an 28 existing complaint, even if the person who made 29 the complaint takes further action in relation to 30 the complaint on or after the commencement day. 31 Page 85

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (5) If an existing complaint relates to conduct that 1 was official misconduct within the meaning of 2 this Act as in force before the commencement 3 day but is not corrupt conduct within the meaning 4 of this Act as in force on the commencement 5 day-- 6 (a) anything done by the commission or public 7 official in relation to the complaint before 8 the commencement day is not invalidated by 9 the amendment of this Act by the 10 amendment Act; but 11 (b) the commission or public official must take 12 no action or discontinue action under this 13 Act in relation to the complaint. 14 (6) Subsection (5)(b) does not affect a public 15 official's functions or powers about dealing with 16 the complaint other than under this Act. 17 (7) In this section-- 18 existing complaint means either of the following 19 made or referred to the commission, but not 20 finally dealt with, immediately before the 21 commencement day-- 22 (a) a complaint under section 36; 23 (b) a complaint made to another entity that is 24 under an obligation to refer the complaint to 25 the commission. 26 417 Initial research plan 27 The commission must prepare a research plan under 28 section 52 for the period comprising-- 29 (a) the period starting from the start of the 30 commencement day and ending at the end of 31 the financial year in which commencement 32 happens; and 33 Page 86

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] (b) the following 2 financial years. 1 418 Investigation of holders of judicial officers 2 Section 58(2A) applies only in relation to conduct of a 3 judicial officer engaged in on or after the 4 commencement day. 5 419 Notifying parliamentary committee of 6 improper conduct 7 (1) Subsection (2) applies if-- 8 (a) before the commencement day, the 9 chairperson of the commission suspected 10 conduct of a commission officer involved, or 11 may have involved, improper conduct 12 within the meaning of former section 329; 13 and 14 (b) immediately before the commencement day, 15 the chairperson had not notified the 16 parliamentary committee of the conduct 17 under former section 329. 18 (2) Former section 329 applies in relation to the 19 conduct as if the reference to the chairperson 20 were a reference to the chairman. 21 (3) New section 329 applies in relation to the 22 conduct of a commission officer engaged in 23 before the commencement day only if the 24 chairperson was not aware of the conduct before 25 the commencement day. 26 (4) In this section-- 27 former section 329 means section 329 as in force 28 before the commencement day. 29 new section 329 means section 329 as in force at 30 the commencement day. 31 Page 87

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 81] 420 Disciplinary action 1 (1) Chapter 6, part 1, division 9 applies in relation to 2 a relevant commission officer-- 3 (a) regardless of whether the officer's 4 employment with the commission started 5 before, on or after the commencement day; 6 and 7 (b) despite the terms and conditions applying to 8 the officer's employment immediately 9 before the commencement day. 10 (2) However, the chief executive officer may take 11 disciplinary action against a relevant commission 12 officer under chapter 6, part 1, division 9 only in 13 relation to a disciplinary ground arising on or 14 after the commencement day. 15 (3) In this section-- 16 disciplinary ground see section 273A. 17 employment see section 273A. 18 relevant commission officer see section 273A. 19 421 Declaration about s 385 20 (1) From the start of the commencement day, section 21 385 applies to a corruption hearing as if a 22 reference in the section to a misconduct hearing 23 were a reference to a corruption hearing. 24 (2) In this section-- 25 corruption hearing means a commission hearing 26 in the context of a corruption investigation. 27 422 Application of Public Interest Disclosure Act 28 2010 29 (1) This section applies if, before the 30 commencement day, a person made a disclosure 31 Page 88

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 82] under the Public Interest Disclosure Act 2010, 1 section 17 about conduct of another person 2 that-- 3 (a) could, if proved, be official misconduct 4 within the meaning of this Act as in force 5 before the commencement day; but 6 (b) would not, if proved, be corrupt conduct 7 within the meaning of this Act as in force on 8 the commencement day. 9 (2) The Public Interest Disclosure Act 2010 10 continues to apply in relation to the disclosure as 11 if the amendment Act had not been enacted. 12 Clause 82 Amendment of sch 2 (Dictionary) 13 (1) Schedule 2, definitions assistant commissioner, assistant 14 commissioner, crime, assistant commissioner, misconduct, 15 chairperson, commissioner, Crime and Misconduct 16 Commission, misconduct, misconduct functions, misconduct 17 investigation, misconduct offence, official misconduct, 18 part-time commissioner, senior officer and specific 19 intelligence operation (misconduct)-- 20 omit. 21 (2) Schedule 2-- 22 insert-- 23 appointment, for chapter 1, part 4, division 2, see 24 section 14. 25 benefit includes property, advantage, service, 26 entertainment, the use of or access to property or 27 facilities, and anything of benefit to a person 28 whether or not it has any inherent or tangible 29 value, purpose or attribute. 30 chairman means the person appointed as the 31 chairman of the commission under this Act. 32 Page 89

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 82] chief executive officer means the person 1 appointed as the chief executive officer of the 2 commission under this Act. 3 commissioner means a person appointed as a 4 commissioner of the commission under this Act. 5 corrupt conduct see section 15. 6 corruption means corrupt conduct or police 7 misconduct. 8 corruption function see section 33. 9 corruption investigation means an investigation 10 conducted by the commission in the performance 11 of its corruption function. 12 corruption offence means alleged or suspected 13 criminal conduct that may be-- 14 (a) corrupt conduct; or 15 (b) misconduct under the Police Service 16 Administration Act 1990. 17 Crime and Corruption Commission means the 18 Crime and Corruption Commission established 19 under section 220. 20 deputy chairman means the person appointed as 21 the deputy chairman of the commission under 22 this Act. 23 detriment, caused to a person, includes detriment 24 caused to a person's property. 25 disciplinary action, for chapter 6, part 1, division 26 9, see section 273C(1). 27 disciplinary finding, for chapter 6, part 1, 28 division 9 generally, see section 273A. 29 disciplinary ground, for chapter 6, part 1, 30 division 9, see section 273A. 31 employment, for chapter 6, part 1, division 9, see 32 section 273A. 33 Page 90

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 82] former commission officer means a person who 1 was but is no longer a commission officer under 2 this Act, including, for example, a person who 3 was an assistant commissioner under this Act as 4 in force before the commencement of this 5 definition. 6 former relevant commission officer, for chapter 7 6, part 1, division 9, see section 273D(1)(a). 8 ordinary commissioner means a person 9 appointed as an ordinary commissioner of the 10 commission under this Act. 11 relevant commission officer, for chapter 6, part 12 1, division 9, see section 273A. 13 senior executive officer means the senior 14 executive officer (crime) or the senior executive 15 officer (corruption). 16 senior executive officer (corruption) see section 17 245(3)(b). 18 senior executive officer (crime) see section 19 245(3)(a). 20 senior officer means a senior officer employed 21 under section 245. 22 sessional commissioner means a person 23 appointed as a sessional commissioner under 24 section 239. 25 specific intelligence operation (corruption) 26 means a specific intelligence operation 27 authorised in relation to a matter mentioned in 28 section 55A(1)(b). 29 (3) Schedule 2, definition commission officer, paragraph (a)(ii)-- 30 omit, insert-- 31 (ii) a sessional commissioner; or 32 (4) Schedule 2, definition commission officer, paragraph (a)(vi), 33 `chairperson'-- 34 Page 91

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 83] omit, insert-- 1 chairman 2 (5) Schedule 2, definition commission officer, paragraph (b), 3 `331(4)'-- 4 omit, insert-- 5 331(3) 6 Part 3 Amendment of Public Service 7 Act 2008 8 Clause 83 Act amended 9 This part amends the Public Service Act 2008. 10 Note-- 11 See also the amendments in schedule 2. 12 Clause 84 Amendment of s 26 (Work performance and personal 13 conduct principles) 14 Section 26-- 15 insert-- 16 (2) Also, a public service manager must take all 17 reasonable steps to ensure each public service 18 employee under the manager's management is 19 aware of the following-- 20 (a) the work performance and personal conduct 21 expected of the employee; 22 (b) the values of the public service and of the 23 department or public service office in which 24 the employee is employed; 25 Page 92

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 85] (c) what constitutes corrupt conduct under the 1 Crime and Corruption Act 2001. 2 (3) Further, a public service manager must-- 3 (a) pro-actively manage the work performance 4 and personal conduct of public service 5 employees under the manager's 6 management; and 7 (b) if a case of unacceptable work performance 8 or personal conduct arises, take prompt and 9 appropriate action to address the matter. 10 (4) In this section-- 11 public service manager means a public service 12 employee whose duties involve or include 13 managing other public service employees in the 14 carrying out of their duties. 15 Clause 85 Amendment of s 46 (Main functions) 16 Section 46(1)-- 17 insert-- 18 (ea) conduct reviews under part 6 about the 19 handling by departments of work 20 performance matters; 21 Clause 86 Amendment of s 62 (Delegation) 22 (1) Section 62-- 23 insert-- 24 (1A) The commission chief executive may also 25 delegate his or her functions under section 88I to 26 any other appropriately qualified entity. 27 (2) Section 62(1A) and (2)-- 28 renumber as section 62(2) and (3). 29 Page 93

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] Clause 87 Insertion of new ch 3, pt 6 1 Chapter 3-- 2 insert-- 3 Part 6 Functions of 4 commission relating to 5 work performance 6 matters 7 88H Definitions for pt 6 8 In this part-- 9 information includes a document. 10 public service employee includes a person who 11 was a public service employee. 12 work performance information directive means 13 a directive issued by the commission chief 14 executive under section 53(a) under which a 15 department must give the commission 16 information about work performance matters 17 being, or that have been, handled by the 18 department. 19 work performance matter means a matter 20 involving a public service employee's work 21 performance or personal conduct, including, for 22 example, an allegation against the employee that 23 constitutes or would, if proved, constitute a 24 disciplinary ground. 25 88I Commission may conduct review of 26 department's handling of work performance 27 matters 28 (1) This section applies if, on the basis of 29 information received under a work performance 30 information directive, the commission chief 31 Page 94

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] executive reasonably considers it may be 1 beneficial to conduct a review under this section 2 to promote-- 3 (a) the continuous improvement of a 4 department's practices regarding the 5 handling of work performance matters; or 6 (b) the optimal resolution of a current work 7 performance matter. 8 (2) The commission may-- 9 (a) conduct a review of-- 10 (i) 1 or more work performance matters 11 that have been handled by the 12 department; or 13 (ii) a current work performance matter; 14 and 15 (b) give the chief executive of the department a 16 report about the review. 17 (3) The report mentioned in subsection (2)(b) must 18 include any recommendations made by the 19 commission about-- 20 (a) for a review mentioned in subsection 21 (2)(a)(i)--improvements to the department's 22 practices regarding the handling of work 23 performance matters; or 24 (b) for a review mentioned in subsection 25 (2)(a)(ii)--the optimal resolution of the 26 current work performance matter the subject 27 of the review. 28 (4) A review under this section must be conducted-- 29 (a) by the commission chief executive; or 30 (b) for the commission chief executive by-- 31 Page 95

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] (i) a staff member of the commission to 1 whom the function is delegated under 2 section 62(1); or 3 (ii) any other appropriately qualified entity 4 to whom the function is delegated 5 under section 62(2). 6 (5) In this section-- 7 current work performance matter means a work 8 performance matter being handled by the 9 department at the time the commission chief 10 executive forms the view mentioned in 11 subsection (1). 12 88J Chief executive of department to provide help 13 for review under s 88I 14 (1) This section applies if the commission chief 15 executive or another person (the reviewer) is 16 conducting a review under section 88I for a 17 department. 18 (2) The chief executive of the department must give 19 the reviewer the help the reviewer reasonably 20 requires to conduct the review. 21 (3) The reviewer may ask the chief executive of the 22 department for information relevant to the 23 review. 24 (4) The chief executive of the department must 25 comply with a request under subsection (3). 26 88K Exchange of information with external agency 27 (1) The commission chief executive may enter into 28 an information exchange agreement with the 29 chief executive officer (however described) of an 30 external agency. 31 Page 96

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] (2) For the purposes of a review under section 88I, 1 the commission chief executive may do either or 2 both of the following under the information 3 exchange agreement-- 4 (a) obtain relevant information from the 5 external agency; 6 (b) with the consent of the chief executive of the 7 department to which the review relates, give 8 relevant information to the external agency. 9 (3) Also, to help the commission chief executive 10 perform his or her functions under this part, the 11 commission chief executive may give 12 information to an external agency under an 13 information exchange agreement. 14 (4) In this section-- 15 external agency means an entity established 16 under an Act and prescribed under a regulation as 17 an external agency for this section. 18 information exchange agreement means an 19 agreement providing for the giving and receiving 20 of information. 21 relevant information means information about or 22 relevant to any of the following-- 23 (a) a review of a work performance matter 24 being conducted under section 88I; 25 (b) an investigation, inquiry or other activity 26 being conducted by an external agency 27 relating to the conduct, of a public service 28 employee, that is the subject of a work 29 performance matter being reviewed under 30 section 88I. 31 Page 97

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] 88L Protection from liability for giving information 1 (1) This section applies to a person who, acting 2 honestly and reasonably, gives information under 3 this part. 4 (2) The person is not liable, civilly, criminally or 5 under an administrative process, for giving the 6 information. 7 (3) Without limiting subsection (2)-- 8 (a) in a proceeding for defamation, the person 9 has a defence of absolute privilege for 10 publishing the information; and 11 (b) the person-- 12 (i) does not, by giving the information, 13 contravene an Act, oath, rule of law or 14 practice requiring the person to 15 maintain the confidentiality of the 16 information; and 17 (ii) is not liable for disciplinary action for 18 giving the information. 19 (4) Also, merely because the person gives the 20 information, the person can not be held to have-- 21 (a) breached any code of professional etiquette 22 or ethics; or 23 (b) departed from accepted standards of 24 professional conduct. 25 88M Confidentiality of information 26 (1) This section applies to a person who-- 27 (a) is, or has been, any of the following-- 28 (i) the commission chief executive; 29 (ii) a staff member of the commission, or 30 any other person, to whom the function 31 of conducting a review under section 32 Page 98

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 87] 88I is delegated by the commission 1 chief executive; and 2 (b) in that capacity, acquired confidential 3 information under this part. 4 (2) The person must not disclose the confidential 5 information to anyone else. 6 Maximum penalty--100 penalty units. 7 (3) Subsection (2) does not apply to the disclosure of 8 confidential information-- 9 (a) for the purpose of administering this Act; or 10 (b) to the extent necessary to perform the 11 person's functions under an Act; or 12 (c) for a proceeding in a court or tribunal; or 13 (d) with the consent of the person to whom the 14 confidential information relates; or 15 (e) if the disclosure is otherwise required or 16 permitted under another Act or law. 17 (4) In this section-- 18 confidential information means information 19 about a person's affairs but does not include-- 20 (a) information in the public domain unless 21 further disclosure of the information is 22 prohibited by law; or 23 (b) statistical or other information that could not 24 reasonably be expected to result in the 25 identification of the person to whom the 26 information relates. 27 88N Publication of information about work 28 performance matters 29 (1) By 30 September after each financial year, the 30 commission must publish the following 31 Page 99

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 88] information for the financial year in a publicly 1 accessible way-- 2 (a) the number of work performance matters 3 handled by each department in the year; 4 (b) the types of work performance matters 5 handled by each department in the year; 6 (c) information about how work performance 7 matters were handled by each department in 8 the year, including, for example-- 9 (i) the period within which the handling of 10 the matters was finalised; and 11 (ii) the outcomes of the handling of the 12 matters. 13 (2) Subsection (1) applies only in relation to 14 information the commission receives under the 15 work performance information directive or to 16 which the commission otherwise has access. 17 Clause 88 Insertion of new s 219A 18 After section 219-- 19 insert-- 20 219A Departments to have complaints 21 management system for customer complaints 22 (1) A department must establish and implement a 23 system for dealing with customer complaints. 24 (2) The system must-- 25 (a) provide for the department to take 26 responsibility for managing the receipt, 27 processing and outcome of a customer 28 complaint; and 29 (b) comply with any Australian Standard about 30 the handling of customer complaints that is 31 in effect from time to time; and 32 Page 100

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 3 Amendment of Public Service Act 2008 [s 88] (c) provide for giving notice of the outcome of a 1 customer complaint to the complainant 2 (unless the complaint was made 3 anonymously). 4 (3) By 30 September after each financial year, the 5 chief executive of the department must publish 6 the following information for the financial year 7 on the department's website-- 8 (a) the number of customer complaints received 9 by the department in the year; 10 (b) the number of those complaints resulting in 11 further action; 12 (c) the number of those complaints resulting in 13 no further action 14 (4) In this section-- 15 customer complaint-- 16 (a) means a complaint about the service or 17 action of a department, or its staff, by a 18 person (other than a public service 19 employee of the department) who is 20 apparently directly affected by the service or 21 action; and 22 (b) includes, for example, a complaint about 23 any of the following-- 24 (i) a decision made, or a failure to make a 25 decision, by a public service employee 26 of the department; 27 (ii) an act, or failure to act, of the 28 department; 29 (iii) the formulation of a proposal or 30 intention by the department; 31 (iv) the making of a recommendation by 32 the department; 33 Page 101

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 4 Amendment of Public Service Regulation 2008 [s 89] (v) the customer service provided by a 1 public service employee of the 2 department. 3 Clause 89 Amendment of sch 4 (Dictionary) 4 (1) Schedule 4-- 5 insert-- 6 information, for chapter 3, part 6, see section 7 88H. 8 work performance information directive, for 9 chapter 3, part 6, see section 88H. 10 work performance matter, for chapter 3, part 6, 11 see section 88H. 12 (2) Schedule 4, definition public sector disciplinary law, 13 paragraphs (d) and (e)-- 14 renumber as paragraphs (e) and (f). 15 (3) Schedule 4, definition public sector disciplinary law-- 16 insert-- 17 (d) the Crime and Corruption Act 2001; or 18 (4) Schedule 4, definition public service employee-- 19 insert-- 20 3 For chapter 3, part 6, see also section 88H. 21 Part 4 Amendment of Public Service 22 Regulation 2008 23 Clause 90 Regulation amended 24 This part amends the Public Service Regulation 2008. 25 Page 102

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 4 Amendment of Public Service Regulation 2008 [s 91] Note-- 1 See also the amendments in schedule 2. 2 Clause 91 Insertion of new pt 4A 3 After part 3-- 4 insert-- 5 Part 4A Miscellaneous 6 provision 7 15 External agencies 8 Each of the following is an external agency for section 9 88K of the Act-- 10 (a) the Crime and Corruption Commission; 11 (b) the Queensland Police Service. 12 Clause 92 Amendment of sch 1 (Public service offices, their heads 13 and applied provisions and rulings) 14 (1) Each of the following provisions is amended by omitting `part 15 3' and inserting `parts 3 and 6'-- 16 schedule 1, item 1, column 3, paragraphs (a) and (b) 17 schedule 1, item 3, column 3, paragraph (a) 18 schedule 1, item 4, column 3, paragraph (a) 19 schedule 1, item 6, column 3, paragraph (a) 20 schedule 1, item 7, column 3, paragraph (a) 21 (2) Each of the following provisions is amended by omitting `and 22 chapter 7' and inserting `, chapter 7 and section 219A'-- 23 schedule 1, item 1, column 3, paragraph (a) 24 schedule 1, item 3, column 3, paragraph (a) 25 schedule 1, item 4, column 3, paragraph (a) 26 Page 103

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 4 Amendment of Public Service Regulation 2008 [s 93] schedule 1, item 6, column 3, paragraph (a) 1 schedule 1, item 7, column 3, paragraph (a) 2 (3) Schedule 1, item 11, column 3, paragraph (a)-- 3 omit, insert-- 4 (a) chapter 3 parts 3 (other than section 55) and 6, sections 101, 103(1) and (3), 133(2), (3) and (4), 183, 184, 185 and 186, chapter 5 part 7, chapters 6 and 7 and section 219A; and (4) Schedule 1, item 13, column 3, paragraph (a), from `and 5 chapter'-- 6 omit, insert-- 7 , chapter 3 part 4 divisions 4 and 5, chapter 3 part 6 8 and section 219A 9 Clause 93 Amendment of sch 2 (Applied provisions and rulings for 10 health service employees) 11 (1) Schedule 2, part 1-- 12 insert-- 13 2A chapter 3, part 6 (Functions of commission 14 relating to work performance matters) 15 17 section 219A (Departments to have complaints 16 management system for customer complaints) 17 (2) Schedule 2, part 1, items 2A to 17-- 18 renumber as schedule 2, part 1, items 3 to 18. 19 (3) Schedule 2, part 2-- 20 insert-- 21 Page 104

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Part 5 Minor and consequential amendments [s 94] 2A chapter 3, part 6 (Functions of commission 1 relating to work performance matters) 2 (4) Schedule 2, part 2, items 2A to 17-- 3 renumber as schedule 2, part 1, items 3 to 18. 4 Part 5 Minor and consequential 5 amendments 6 Clause 94 Legislation amended in schs 1 and 2 7 (1) Schedule 1 amends the Crime and Misconduct Act 2001. 8 (2) Schedule 2 amends the legislation it mentions. 9 Page 105

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 Schedule 1 Minor and consequential 1 amendments of Crime and 2 Misconduct Act 2001 3 section 94(1) 4 1 Particular references to official misconduct 5 Each of the following provisions is amended by omitting `official 6 misconduct' or `Official misconduct' and inserting `corrupt 7 conduct' or `Corrupt conduct'-- 8 sections 16, 17, 18 and 19 9 sections 41(2), 43, 45(1) and 50 10 section 42(5) and (6) 11 section 44(2) 12 section 48, heading 13 section 48(1) 14 section 48(4), definition complaint 15 section 109, definition prosecution 16 section 219B, definition disciplinary proceeding, 17 paragraph (a) 18 sections 219D, 219DA, 219F, 219I and 219IA(2) 19 section 320(5) 20 section 332, heading and subsection (1) 21 schedule 2, definition police misconduct 22 2 Particular references to misconduct and related terms 23 Each of the following provisions is amended by omitting 24 `Misconduct', `misconduct' or `(misconduct)' and inserting 25 `Corruption', `corruption' or `(corruption)'-- 26 sections 7, 9 and 10 27 Page 106

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 chapter 1, part 4, division 4, heading 1 section 22 2 chapter 2, part 3, heading 3 section 39(2) 4 section 49(1) 5 sections 51, 55A(1)(b), (3)(b) and (4) and 55B(2) 6 chapter 3, part 1, division 1, subdivision 2, heading 7 section 73(1) and (3) 8 chapter 3, part 1, division 2, subdivision 2, heading 9 sections 75(1)(a) and (7)(a) 10 section 75A and section 75B(1), note 11 chapter 3, part 1, division 3, subdivision 2, heading 12 section 82(1)(a), (2)(a)(iii), and (4)(a) 13 section 85(2)(a) and (3) 14 sections 86(1)(a) and (4)(c)(i), 87(1), 90 and 91(1)(b) 15 section 92(4), definition unlawful activity 16 section 94, heading and subsection (1) 17 section 111, heading and subsection (1) 18 sections 121(1), 123(a), (c), (e), (f) and (g), 124(1) and 19 (2), 126(2) and 127(2) 20 section 130(2)(f)(i) 21 chapter 3, part 6A, heading 22 sections 132, 134(a) and (b), 135, 138(1)(c) and 23 139(5)(b) and (c) 24 sections 143(3)(a) and (b), 144(1)(a) and 146(4)(b) and 25 (e) 26 sections 146D, 146E(1)(c), 146I(1)(a), 146O, 27 146T(2)(a) and 146ZP(2)(a) and (b)(ii) 28 section 157(1) 29 Page 107

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 sections 160(a), 162(b), 165(1)(c)(i) and 166(4)(a) 1 chapter 4, part 2, division 2, subdivision 2, heading 2 section 187 3 chapter 4, part 2, division 3, subdivision 2, heading 4 section 191 5 chapter 4, part 2, division 4, subdivision 2, heading 6 chapter 5, heading 7 chapter 5, part 2, heading 8 section 219BA(1) and section 219BA(2), definition 9 decision 10 sections 219J(1) and (2) and 219L(4), (5) and (6) 11 section 283(1)(c) 12 section 294(1) 13 section 348A(1) 14 schedule 2, definitions commission, deal with, evidence, 15 parliamentary commissioner and parliamentary 16 committee 17 schedule 2, definition privilege, paragraph (b) and 18 definition surveillance device, paragraph (b) 19 3 Particular references to chairperson 20 Each of the following provisions is amended by omitting 21 `chairperson' or `chairperson's' and inserting `chairman' or 22 `chairman's'-- 23 section 32(1) 24 section 55(1) and (3) 25 section 55F(1) and (2) 26 section 72(2) and (3) 27 section 73(2) and (6) 28 section 74(2), (3A) and (4) 29 Page 108

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 section 74A(2) and (3) 1 section 74A(6), note 2 section 75(1)(b), (2) and (6) 3 section 82(1) and (7) 4 section 83(1), (2) and (2A) 5 section 84(1) 6 section 85(1), (1A), (3A) and (4) 7 section 118(3)(a) 8 section 121(1) and (2) 9 section 130(2)(e) 10 section 131(3) 11 section 137 12 section 139(3) 13 section 141 14 section 144(2) 15 section 146(2) 16 section 146B 17 section 146M 18 section 146S(1), (3) and (4) 19 section 146T(1), (2) and (3) 20 section 146U(1)(a) 21 section 146W(1) and (2) 22 section 146X(1), (3) and (4) 23 section 146Y(1) 24 section 146ZA(2) 25 section 146ZB(2) 26 section 146ZE(1) 27 section 146ZH(1) 28 Page 109

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 section 146ZL(1) 1 section 146ZQ(1) 2 section 146ZR(1) 3 section 146ZS 4 section 146ZT 5 section 148(1) 6 section 158(1) 7 section 167 8 section 195B(2) 9 section 196(2) 10 section 263 11 section 272(1) and (2) 12 section 317(2) 13 section 320(3)(b) and (c) 14 section 340(3) and (5) 15 section 342(2) 16 section 371(3) 17 section 375(2)(b) 18 4 Particular references to assistant commissioner, crime 19 Each of the following provisions is amended by omitting `assistant 20 commissioner, crime' and inserting `senior executive officer 21 (crime)'-- 22 section 27(7)(a)(ii) and (b)(ii) 23 section 29A(1) 24 section 30 25 section 30A(3) and (4) 26 section 55A(5)(b) 27 section 55C(4) 28 Page 110

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 section 277(1), (3) and (4) 1 section 285 2 5 Particular references to assistant commissioner, 3 misconduct 4 Each of the following provisions is amended by omitting `assistant 5 commissioner, misconduct' or `assistant commissioner, 6 misconduct's' and inserting `senior executive officer (corruption)' 7 or `senior executive officer (corruption)'s'-- 8 section 55A(5)(b) 9 section 55C(4) 10 section 277(2A), (4A) and (4B) 11 section 334(1)(a) and (b) 12 6 Chapter 2, part 3, division 1, heading, `Misconduct 13 functions'-- 14 omit, insert-- 15 Corruption function 16 7 Section 69(3), `chairperson,'-- 17 omit, insert-- 18 chairman, 19 8 Section 134(c), from `chairperson,' to `, to'-- 20 omit, insert-- 21 chairman, or a senior executive officer, acting in 22 accordance with procedures established by the 23 chairman, to 24 9 Section 139(2), `chairperson or an assistant 25 commissioner'-- 26 omit, insert-- 27 Page 111

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 chairman or a senior executive officer 1 10 Section 146I(1), `chairperson or an assistant 2 commissioner'-- 3 omit, insert-- 4 chairman or a senior executive officer 5 11 Section 146I(2), `chairperson or assistant 6 commissioner'-- 7 omit, insert-- 8 chairman or senior executive officer 9 12 Section 146N(2), `chairperson or an assistant 10 commissioner'-- 11 omit, insert-- 12 chairman or a senior executive officer 13 13 Sections 208(1) and 209(1), `property or'-- 14 omit. 15 14 Section 208(2), `or advantage'-- 16 omit. 17 15 Section 249(1)(a), (2) and (3), `an assistant commissioner 18 or senior officer'-- 19 omit, insert-- 20 a senior officer 21 16 Section 266(4), `or assistant commissioners'-- 22 omit, insert-- 23 or senior officers mentioned in section 262 24 Page 112

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 1 17 Section 277(1)(a) and (2A), `assistant commissioner's'-- 1 omit, insert-- 2 senior executive officer's 3 18 Section 277(2A) and (4A), `misconduct.'-- 4 omit, insert-- 5 corruption. 6 19 Section 287(1) to (3)-- 7 omit, insert-- 8 (1) The senior executive officer (crime) is to preside 9 at all meetings at which the officer is present. 10 (2) If the senior executive officer (crime) is absent 11 from a meeting, the chairman of the commission 12 is to preside at the meeting. 13 (3) If both the senior executive officer (crime) and 14 the chairman are absent from a meeting, the 15 committee member chosen by the committee 16 members is to preside. 17 20 Section 293(1), editor's note-- 18 omit, insert-- 19 Note-- 20 See also the Parliament of Queensland Act 2001, 21 chapter 3, part 1 for other powers of the committee to 22 require attendance and production of documents or 23 other things. 24 21 Section 356(3), after `included chairperson'-- 25 insert-- 26 or chairman 27 Page 113

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Schedule 2 Minor and consequential 1 amendments of other 2 legislation 3 section 94(2) 4 Acts Interpretation Act 1954 5 1 Schedule 1-- 6 insert-- 7 Crime and Corruption Commission means the 8 Crime and Corruption Commission established 9 under the Crime and Corruption Act 2001. 10 Ambulance Service Act 1991 11 1 Section 18I(4)(b)-- 12 omit, insert-- 13 (b) an investigation of a matter for the purpose 14 of notifying the Crime and Corruption 15 Commission of suspected corrupt conduct 16 under the Crime and Corruption Act 2001. 17 Page 114

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Auditor-General Act 2009 1 1 Section 12(7)(c)-- 2 omit, insert-- 3 (c) the Crime and Corruption Commission; or 4 2 Section 53(3)(b)-- 5 omit, insert-- 6 (b) the Crime and Corruption Commission; or 7 Births, Deaths and Marriages Registration Act 2003 8 1 Section 44(19), definition law enforcement body, 9 paragraph (c)-- 10 omit, insert-- 11 (c) the Crime and Corruption Commission; or 12 Births, Deaths and Marriages Registration Regulation 13 2003 14 1 Schedule 4, definition law enforcement body, paragraph 15 (c)-- 16 omit, insert-- 17 (c) the Crime and Corruption Commission; or 18 Page 115

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Casino Control Regulation 1999 1 1 Schedule 1, entry for Crime and Misconduct 2 Commission, Queensland-- 3 omit, insert-- 4 Crime and Corruption Commission, Queensland 5 Charitable and Non-Profit Gaming Regulation 1999 6 1 Schedule 1, entry for Crime and Misconduct 7 Commission, Queensland-- 8 omit, insert-- 9 Crime and Corruption Commission, Queensland 10 Child Protection (Offender Prohibition Order) Act 2008 11 1 Section 60-- 12 omit, insert-- 13 60 Review of Act 14 (1) The Crime and Corruption Commission must 15 review the operation of this Act and prepare a 16 report on the review. 17 (2) The conduct of the review and the preparation of 18 the report is a function of the Crime and 19 Corruption Commission for the Crime and 20 Corruption Act 2001. 21 (3) The review must be started as soon as practicable 22 after 5 years after the commencement of this 23 section. 24 Page 116

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 (4) The Crime and Corruption Commission must 1 give a copy of the report to the Speaker for 2 tabling in the Legislative Assembly. 3 Child Protection (Offender Reporting) Act 2004 4 1 Section 64(1)(b), `chairperson of the Crime and 5 Misconduct Commission'-- 6 omit, insert-- 7 chairman of the Crime and Corruption Commission 8 City of Brisbane Act 2010 9 1 Section 146(3) and (4)-- 10 omit, insert-- 11 (3) Subsection (2) does not limit any duty the chief 12 executive officer may have under the Crime and 13 Corruption Act to notify the CCC of any 14 complaint, information or matter that the chief 15 executive officer suspects involves, or may 16 involve, corrupt conduct under that Act. 17 2 Sections 178(7)(b), `Crime and Misconduct Act'-- 18 omit, insert-- 19 Crime and Corruption Act 20 3 Section 179(4)(b), `official misconduct'-- 21 omit, insert-- 22 corrupt conduct under the Crime and Corruption Act 23 Page 117

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 4 Section 179(5)-- 1 omit, insert-- 2 (5) This section does not apply to a complaint about 3 corrupt conduct referred to the department's chief 4 executive by the CCC. 5 5 Section 180(4), `official misconduct under the Crime and 6 Misconduct Act'-- 7 omit, insert-- 8 corrupt conduct under the Crime and Corruption Act 9 6 Section 183(2)(g) `Crime and Misconduct Commission'-- 10 omit, insert-- 11 CCC 12 7 Section 186, heading and subsection (1), `Crime and 13 Misconduct Act'-- 14 omit, insert- 15 Crime and Corruption Act 16 8 Section 186(2), from `misconduct' to `Act'-- 17 omit, insert-- 18 corrupt conduct under the Crime and Corruption Act 19 by a councillor, a reference to a public official in the 20 Crime and Corruption Act 21 9 Schedule 1, definition Crime and Misconduct Act-- 22 omit. 23 10 Schedule 1-- 24 insert-- 25 Page 118

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 CCC means the Crime and Corruption 1 Commission. 2 Crime and Corruption Act means the Crime and 3 Corruption Act 2001. 4 City of Brisbane Regulation 2012 5 1 Section 178(f)(iii), `official misconduct'-- 6 omit, insert-- 7 corrupt conduct under the Crime and Corruption Act 8 Cooperatives Act 1997 9 1 Section 456(4)(h), `Crime and Misconduct Commission'-- 10 omit, insert-- 11 Crime and Corruption Commission 12 Coroners Act 2003 13 1 Section 47(3), definition relevant Act, paragraph (b)(iii)-- 14 omit, insert-- 15 (iii) for the death of a person in the custody 16 of the Crime and Corruption 17 Commission--the Crime and 18 Corruption Act 2001; or 19 Page 119

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 2 Section 48, heading, `offences or misconduct'-- 1 insert-- 2 offences, corrupt conduct or police misconduct 3 3 Section 48(3)-- 4 omit, insert-- 5 (3) A coroner may give information about corrupt 6 conduct or police misconduct under the Crime 7 and Corruption Act 2001 to the Crime and 8 Corruption Commission. 9 Corrective Services Act 2006 10 1 Section 69(4), definition civil proceeding, paragraph (b) 11 and section 290(2)(e), `official misconduct'-- 12 omit, insert-- 13 corrupt conduct 14 2 Sections 219(e)(i) and 233(e)(i)-- 15 omit, insert-- 16 (i) the Crime and Corruption Act 2001; or 17 3 Section 273(2), `Crime and Misconduct Act 2001'-- 18 omit, insert-- 19 Crime and Corruption Act 2001 20 4 Section 290(2)(e)(i) and schedule 4, definition law 21 enforcement agency, paragraph (a), `Crime and 22 Misconduct Commission'-- 23 omit, insert-- 24 Page 120

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Crime and Corruption Commission 1 5 Section 290(2)(e)(ii), `Crime and Misconduct 2 Commission's chairperson'-- 3 omit, insert-- 4 Crime and Corruption Commission's chairman 5 6 Schedule 4, definition official misconduct-- 6 omit. 7 7 Schedule 4-- 8 insert-- 9 corrupt conduct see the Crime and Corruption 10 Act 2001, section 15. 11 Corrective Services Regulation 2006 12 1 Section 11(2)(j), `Crime and Misconduct Commission'-- 13 omit, insert-- 14 Crime and Corruption Commission 15 Crime and Misconduct Regulation 2005 16 1 Section 1, `Crime and Misconduct Regulation 2005'-- 17 omit, insert-- 18 Crime and Corruption Regulation 2005 19 Page 121

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 2 Particular references to misconduct 1 Each of the following provisions is amended by omitting 2 `misconduct' and inserting `corruption'-- 3 section 2(b) 4 section 3(e) 5 section 9(b) 6 section 9(c) 7 section 10(1)(b) 8 section 10(1)(d) 9 section 10(1)(f)(iii)(B) 10 section 12(1)(d) 11 3 Section 10(1)(b), `chairperson'-- 12 omit, insert-- 13 chairman 14 Criminal Code 15 1 Section 1, definition judicial officer, paragraph (c)-- 16 omit, insert-- 17 (c) a person conducting a hearing of the Crime 18 and Corruption Commission under the 19 Crime and Corruption Act 2001, chapter 4; 20 and 21 2 Section 1, definition law enforcement agency, paragraph 22 (c)-- 23 omit, insert-- 24 (c) the Crime and Corruption Commission; or 25 Page 122

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 3 Section 1, definition law enforcement officer, paragraphs 1 (b) and (c), `chairperson of the Crime and Misconduct 2 Commission'-- 3 omit, insert-- 4 chairman of the Crime and Corruption Commission 5 4 Section 228H(2)(a)(ii), `Crime and Misconduct Act 2001'-- 6 omit, insert-- 7 Crime and Corruption Act 2001 8 Criminal Law (Sexual Offences) Act 1978 9 1 Section 8(1)(e)-- 10 omit, insert-- 11 (e) a report made to or on behalf of the Crime 12 and Corruption Commission. 13 Criminal Organisation Act 2009 14 1 Particular references to Crime and Misconduct Act 2001 15 Each of the following provisions is amended by omitting `Crime 16 and Misconduct Act 2001' and inserting `Crime and Corruption 17 Act 2001'-- 18 section 65(5)(a) 19 section 77(5)(a) 20 section 83(4)(a) 21 section 87(4), definition monitor 22 Page 123

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 2 Section 59A definition external agency, paragraph (a)-- 1 omit, insert-- 2 (a) the Crime and Corruption Commission; 3 3 Section 84(3)(c)-- 4 omit, insert-- 5 (c) the Crime and Corruption Commission; 6 Criminal Proceeds Confiscation Act 2002 7 1 Particular references to Crime and Misconduct Act 2001 8 Each of the following provisions is amended by omitting `Crime 9 and Misconduct Act 2001' and inserting `Crime and Corruption 10 Act 2001'-- 11 section 43 12 section 93ZH 13 section 238(a) 14 section 239(2)(a) 15 section 265(1) 16 schedule 6, definition authorised commission officer 17 schedule 6, definition commission officer 18 schedule 6, definition monitoring order, paragraph (a) 19 2 Sections 12(5)(a)(i), 214(2) and 266(1)(a), `chairperson'-- 20 omit, insert-- 21 chairman 22 Page 124

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 3 Section 265, heading, `Crime and Misconduct Act 2001'-- 1 omit, insert-- 2 Crime and Corruption Act 2001 3 4 Schedule 6, definitions chairperson and commission-- 4 omit. 5 5 Schedule 6-- 6 insert-- 7 chairman means the chairman of the 8 commission. 9 commission means the Crime and Corruption 10 Commission. 11 6 Schedule 6, definition suspension order, paragraph (a), 12 `Crime and Misconduct Act 2000'-- 13 omit, insert-- 14 Crime and Corruption Act 2001 15 Disability Services Act 2006 16 1 Schedule 7, definition complaints agency, paragraph 17 (b)-- 18 omit, insert-- 19 (b) the Crime and Corruption Commission; 20 Page 125

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Education (Queensland College of Teachers) Act 2005 1 1 Section 112(2)(a)(ii)-- 2 omit, insert-- 3 (ii) the Crime and Corruption 4 Commission; 5 2 Section 287(5), definition relevant agency, paragraph 6 (b)-- 7 omit, insert-- 8 (b) the Crime and Corruption Commission; 9 Electoral Act 1992 10 1 Section 58(13), definition government entity, `Crime and 11 Misconduct Commission'-- 12 omit, insert-- 13 Crime and Corruption Commission 14 Evidence Act 1977 15 1 Particular references to Crime and Misconduct Act 2001 16 Each of the following provisions is amended by omitting `Crime 17 and Misconduct Act 2001' and inserting `Crime and Corruption 18 Act 2001'-- 19 section 21C, definition operative, paragraph (a) 20 section 21G(5), definition false representation, 21 paragraph (b) 22 Page 126

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 21G(5), definition law enforcement officer, 1 paragraph (a) 2 2 Particular references to chairperson of the CMC 3 Each of the following provisions is amended by omitting 4 `chairperson of the CMC' and inserting `chairman of the CCC'-- 5 section 21H(1)(b) 6 section 21KE(2) 7 section 21KE(3) 8 section 21KE(5) 9 section 21KF(1)(f) 10 section 21KG(1)(f) 11 3 Section 21B(b), `CMC in relation to misconduct'-- 12 omit, insert-- 13 CCC in relation to corruption 14 4 Section 21C, definition chief executive officer, paragraph 15 (a)-- 16 omit, insert-- 17 (a) for the CCC--the chairman of the CCC; or 18 5 Section 21C, definitions CMC and misconduct-- 19 omit. 20 6 Section 21C-- 21 insert-- 22 CCC means the Crime and Corruption 23 Commission. 24 Page 127

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 corruption see the Crime and Corruption Act 1 2001, schedule 2. 2 7 Section 21C, definition investigation, paragraph (b), 3 `misconduct'-- 4 omit, insert-- 5 corruption 6 8 Section 21C, definition law enforcement agency, 7 paragraph (a)-- 8 omit, insert-- 9 (a) the CCC; or 10 9 Section 21G(5), definition professional misconduct, 11 paragraph (a)-- 12 omit, insert-- 13 (a) corruption under the Crime and Corruption 14 Act 2001; or 15 10 Section 21KE(3)(c), `chairperson'-- 16 omit, insert-- 17 chairman 18 11 Section 21KE(4), `chairperson of the CMC, must give the 19 chairperson'-- 20 omit, insert-- 21 chairman of the CCC, must give the chairman 22 12 Section 21KF(1), `CMC, must give to the chairperson of 23 the CMC'-- 24 omit, insert-- 25 CCC, must give to the chairman of the CCC 26 Page 128

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 13 Section 21KG(1) and (3), definition annual report, `CMC'-- 1 omit, insert-- 2 CCC 3 14 Section 21KI(3), definition senior officer, paragraph (b)-- 4 omit, insert-- 5 (b) for the CCC--a senior executive officer 6 under the Crime and Corruption Act 2001. 7 15 Schedule 1, item 2-- 8 omit, insert-- 9 2 Chairman of the CCC 10 16 Schedule 3, definitions CMC and misconduct-- 11 omit. 12 17 Schedule 3-- 13 insert-- 14 CCC, for part 2, division 5, see section 21C. 15 corruption, for part 2, division 5, see section 16 21C. 17 Explosives Act 1999 18 1 Section 76(b)-- 19 omit, insert-- 20 (b) the Crime and Corruption Commission; 21 Page 129

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Financial and Performance Management Standard 1 2009 2 1 Section 21, heading, `misconduct'-- 3 omit, insert-- 4 corrupt conduct 5 2 Section 21(1)(b)(ii) and (iii), `official misconduct'-- 6 omit, insert-- 7 corrupt conduct 8 3 Section 21(3)(d), `Crime and Misconduct Commission'-- 9 omit, insert-- 10 Crime and Corruption Commission 11 4 Section 21(4), definition official misconduct-- 12 omit. 13 5 Section 21(4)-- 14 insert-- 15 corrupt conduct see the Crime and Corruption 16 Act 2001, section 15. 17 Financial Transaction Reports Act 1992 18 1 Section 4, definition designated authority, paragraph 19 (b)-- 20 omit, insert-- 21 Page 130

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 (b) the Crime and Corruption Commission; or 1 2 Section 4, definition investigating officer, paragraph (b), 2 `Crime and Misconduct Act 2001'-- 3 omit, insert-- 4 Crime and Corruption Act 2001 5 Fire and Rescue Service Act 1990 6 1 Section 30H(4)(b)-- 7 omit, insert-- 8 (b) an investigation of a matter for the purpose 9 of notifying the Crime and Corruption 10 Commission of suspected corrupt conduct 11 under the Crime and Corruption Act 2001. 12 Food Production (Safety) Act 2000 13 1 Section 23(1)(b), `Crime and Misconduct Act 2001'-- 14 omit, insert-- 15 Crime and Corruption Act 2001 16 Page 131

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Gaming Machine Regulation 2002 1 1 Schedule 1, entry for Crime and Misconduct 2 Commission, Queensland-- 3 omit, insert-- 4 Crime and Corruption Commission, Queensland 5 Government Owned Corporations Act 1993 6 1 Particular references to Crime and Misconduct Act 2001 7 Each of the following provisions is amended by omitting `Crime 8 and Misconduct Act 2001' and inserting `Crime and Corruption 9 Act 2001'-- 10 section 156(5) 11 section 156(6) 12 section 156(8), definition unit of public administration 13 schedule 4, section 156(5) 14 schedule 4, section 156(6) 15 schedule 4, section 156(8), definition unit of public 16 administration 17 2 References to official misconduct under the Crime and 18 Misconduct Act 2001 19 Each of the following provisions is amended by omitting `official 20 misconduct under the Crime and Misconduct Act 2001' and 21 inserting `corrupt conduct under the Crime and Corruption Act 22 2001'-- 23 section 156(1) 24 section 156(3)(a) 25 schedule 4, section 156(1) 26 Page 132

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 schedule 4, section 156(3)(a) 1 3 Section 156, heading and schedule 4, section 156, 2 heading, `Crime and Misconduct Act'-- 3 omit, insert-- 4 Crime and Corruption Act 5 4 Section 156(2) and (4) and schedule 4, section 156(2) and 6 (4), `CMC of the complaint under the Crime and 7 Misconduct Act 2001'-- 8 omit, insert-- 9 CCC of the complaint under the Crime and 10 Corruption Act 2001 11 5 Section 156(3)(b) and schedule 4, section 156(3)(b), 12 `CMC'-- 13 omit, insert-- 14 CCC 15 6 Section 156(8) and schedule 4, section 156(8), definition 16 CMC-- 17 omit. 18 7 Section 156(8) and schedule 4, section 156(8)-- 19 insert-- 20 CCC means the Crime and Corruption 21 Commission. 22 Page 133

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Health Ombudsman Act 2013 1 1 Section 30(e)-- 2 omit, insert-- 3 (e) the Crime and Corruption Commission; 4 Health Quality and Complaints Commission Act 2006 5 1 Section 17(b)(iii), `Crime and Misconduct Commission'-- 6 omit, insert-- 7 Crime and Corruption Commission 8 2 Section 171(1)(a), `Crime and Misconduct Act 2001'-- 9 omit, insert-- 10 Crime and Corruption Act 2001 11 Hospital and Health Boards Act 2011 12 1 Sections 21(1)(c) and 53Y(1), `Crime and Misconduct Act 13 2001'-- 14 omit, insert-- 15 Crime and Corruption Act 2001 16 Page 134

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Information Privacy Act 2009 1 1 Section 29(1)(b), `Crime and Misconduct Commission'-- 2 omit, insert-- 3 Crime and Corruption Commission 4 2 Section 29(2), definition intelligence functions and 5 schedule 1, section 1(a), `Crime and Misconduct Act 6 2001'-- 7 omit, insert-- 8 Crime and Corruption Act 2001 9 3 Schedule 1, section 3(b), `misconduct, under the Crime 10 and Misconduct Act 2001'-- 11 omit, insert-- 12 corruption, under the Crime and Corruption Act 2001 13 4 Schedule 5, definition law enforcement agency, 14 paragraph (b)(ii)-- 15 omit, insert-- 16 (ii) the Crime and Corruption 17 Commission; or 18 Integrity Act 2009 19 1 Section 80(7)(c)-- 20 omit, insert-- 21 (c) the Crime and Corruption Commission; or 22 Page 135

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Interactive Gambling (Player Protection) Regulation 1 1998 2 1 Schedule 1, entry for Crime and Misconduct 3 Commission, Queensland-- 4 omit, insert-- 5 Crime and Corruption Commission, Queensland 6 Judicial Review Act 1991 7 1 Schedule 2, section 3, heading-- 8 omit, insert-- 9 3 Corruption etc. 10 2 Schedule 2, section 3(1), `misconduct under the Crime 11 and Misconduct Act 2001'-- 12 omit, insert-- 13 corruption under the Crime and Corruption Act 2001 14 3 Schedule 2, sections 3(2) and 5, `Crime and Misconduct 15 Act 2001'-- 16 omit, insert-- 17 Crime and Corruption Act 2001 18 4 Schedule 2, section 4, heading, `Crime and Misconduct 19 Commission'-- 20 omit, insert-- 21 Crime and Corruption Commission 22 Page 136

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 5 Schedule 2, section 4, `Crime and Misconduct 1 Commission under the Crime and Misconduct Act 2 2001'-- 3 omit, insert-- 4 Crime and Corruption Commission under the Crime 5 and Corruption Act 2001 6 6 Schedule 2, section 5, heading, `Crime and Misconduct 7 Act 2001'-- 8 omit, insert-- 9 Crime and Corruption Act 2001 10 Justices Act 1886 11 1 Section 39(6), definition public officer, `Crime and 12 Misconduct Commission'-- 13 omit, insert-- 14 Crime and Corruption Commission 15 Keno Regulation 2007 16 1 Schedule 1, entry for Crime and Misconduct 17 Commission, Queensland-- 18 omit, insert-- 19 Crime and Corruption Commission, Queensland 20 Page 137

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Legal Aid Queensland Act 1997 1 1 Section 42(3)(a), `Crime and Misconduct Act 2001'-- 2 omit, insert-- 3 Crime and Corruption Act 2001 4 Legal Profession Act 2007 5 1 Section 706(10), definition appropriate authority, 6 paragraph (b)-- 7 omit, insert-- 8 (b) the Crime and Corruption Commission; 9 Legal Profession Regulation 2007 10 1 Section 5(f)-- 11 omit, insert-- 12 (f) the Crime and Corruption Commission; 13 Local Government Act 2009 14 1 Section 148H(3) and (4)-- 15 omit, insert-- 16 (3) Subsection (2) does not limit any duty the chief 17 executive officer may have under the Crime and 18 Corruption Act to notify the CCC of any 19 Page 138

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 complaint, information or matter that the chief 1 executive officer reasonably suspects involves, or 2 may involve, corrupt conduct under that Act. 3 2 Sections 176(8)(b), `Crime and Misconduct Act'-- 4 omit, insert-- 5 Crime and Corruption Act 6 3 Section 176B(4)(b), `official misconduct'-- 7 omit, insert-- 8 corrupt conduct under the Crime and Corruption Act 9 4 Section 176B(5)-- 10 omit, insert-- 11 (5) This section does not apply to a complaint about 12 corrupt conduct referred to the department's chief 13 executive by the CCC. 14 5 Section 176C(5), `official misconduct under the Crime 15 and Misconduct Act'-- 16 omit, insert-- 17 corrupt conduct under the Crime and Corruption Act 18 6 Section 180(2)(f) and (5)(i), `Crime and Misconduct 19 Commission'-- 20 omit, insert-- 21 CCC 22 7 Section 182, heading and subsection (1), `CMC Act'-- 23 omit, insert-- 24 Crime and Corruption Act 25 Page 139

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 8 Section 182(2), from `misconduct' to `Act'-- 1 omit, insert-- 2 corrupt conduct under the Crime and Corruption Act 3 by a councillor, a reference to a public official in the 4 Crime and Corruption Act 5 9 Schedule 4, definition Crime and Misconduct Act-- 6 omit. 7 10 Schedule 4-- 8 insert-- 9 CCC means the Crime and Corruption 10 Commission. 11 Crime and Corruption Act means the Crime and 12 Corruption Act 2001. 13 Local Government Regulation 2012 14 1 Section 186(f)(v), `official misconduct'-- 15 omit, insert-- 16 corrupt conduct under the Crime and Corruption Act 17 Lotteries Regulation 2007 18 1 Schedule 1, entry for Crime and Misconduct 19 Commission, Queensland-- 20 omit, insert-- 21 Crime and Corruption Commission, Queensland 22 Page 140

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Magistrates Act 1991 1 1 Section 53D(5), definition prescribed authority, paragraph 2 (b)-- 3 omit, insert-- 4 (b) the Crime and Corruption Commission; or 5 Ministerial and Other Office Holder Staff Act 2010 6 1 Section 31-- 7 omit, insert-- 8 31 Application of Crime and Corruption Act 2001 9 For the Crime and Corruption Act 2001, a staff 10 member is taken to hold an appointment in the 11 department. 12 Ombudsman Act 2001 13 1 Section 7(2) and schedule 3, definition operational action, 14 `Crime and Misconduct Commission'-- 15 omit, insert-- 16 Crime and Corruption Commission 17 2 Section 16(2)(c), `Crime and Misconduct Act 2001'-- 18 omit, insert-- 19 Crime and Corruption Act 2001 20 Page 141

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 3 Section 50(2), note-- 1 omit, insert-- 2 Note-- 3 The ombudsman must also, under section 38 of the 4 Crime and Corruption Act 2001, notify the Crime and 5 Corruption Commission of any matters involving, or 6 possibly involving, corrupt conduct under that Act. 7 4 Section 63A(7)(c)-- 8 omit, insert-- 9 (c) the Crime and Corruption Commission; or 10 5 Schedule 3, definition complaints entity, example, second 11 dot point-- 12 omit, insert-- 13 the Crime and Corruption Commission 14 Parliament of Queensland Act 2001 15 1 Section 67(1)(c)-- 16 omit, insert-- 17 (c) commissioner of the Crime and Corruption 18 Commission; 19 2 Section 67(1)(o), `misconduct'-- 20 omit, insert-- 21 corruption 22 Page 142

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Penalties and Sentences Act 1992 1 1 Section 161M(3), `Crime and Misconduct Commission'-- 2 omit, insert-- 3 Crime and Corruption Commission 4 Police Powers and Responsibilities Act 2000 5 1 Particular references to Crime and Misconduct Act 2001 6 Each of the following provisions is amended by omitting `Crime 7 and Misconduct Act 2001' and inserting `Crime and Corruption 8 Act 2001'-- 9 section 230(2) 10 section 266(3) 11 section 313(3) 12 section 328(3)(d) 13 section 330(2)(e) 14 schedule 1, entry for Crime and Misconduct Act 2001 15 schedule 6, definition authorised commission officer 16 schedule 6, definition commission officer 17 schedule 6, definition major crime 18 schedule 6, definition parliamentary commissioner 19 2 Particular references to chairperson 20 Each of the following provisions is amended by omitting 21 `chairperson' and inserting `chairman'-- 22 section 241(2) 23 section 241(3) 24 Page 143

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 250(1)(b) 1 section 250(2) 2 section 250(3) 3 3 Particular references to CMC 4 Each of the following provisions is amended by omitting `CMC' 5 and inserting `CCC'-- 6 section 49(1) 7 section 49(4) 8 section 49(5) 9 section 229, definition inspection entity, paragraph (b) 10 section 229, definition law enforcement participant, 11 paragraph (b) 12 section 229, definition report entity, paragraph (b) 13 section 241, heading 14 section 250, heading 15 section 263(1) 16 section 269(2)(b) 17 section 283(4)(b) 18 section 314(4), definition report entity, paragraph (b) 19 section 316(2) 20 section 316(3) 21 section 322, definition inspection entity, paragraph (b) 22 section 322, definition senior officer, paragraph (b) 23 section 358(4)(b) 24 section 361(1) 25 section 607(1) 26 section 607(3) 27 section 607(4) 28 Page 144

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 660(1) 1 section 660(2) 2 section 664(1) 3 section 678(1) 4 section 681(1) 5 section 740(5)(c) 6 section 789(1) 7 section 789(4) 8 section 789(5) 9 section 808(1) 10 section 808(3) 11 section 808(4) 12 schedule 6, definition law enforcement agency 13 schedule 6, definition law enforcement officer 14 4 Particular references to CMC chairperson 15 Each of the following provisions is amended by omitting `CMC 16 chairperson' and inserting `CCC chairman'-- 17 section 250(1)(a) 18 section 275, heading 19 section 275(2) 20 section 319, heading 21 section 673(1)(c) 22 section 673(2) 23 section 674(a) 24 5 Section 7(2), example 3, from `official'-- 25 omit, insert-- 26 Page 145

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 corrupt conduct under the Crime and Corruption Act 1 2001. 2 6 Section 49(3), `CMC for the Crime and Misconduct Act 3 2001'-- 4 omit, insert-- 5 CCC for the Crime and Corruption Act 2001 6 7 Section 230(5)-- 7 omit, insert-- 8 (5) A function conferred in relation to the activities 9 of the CCC under this chapter is only conferred 10 for the purpose of a function conferred on the 11 CCC under the Crime and Corruption Act 2001 12 relating to major crime as defined under that Act. 13 8 Section 232(2)(c)-- 14 omit, insert-- 15 (c) the CCC chairman or the chairman's 16 nominee. 17 9 Section 241(1), from `CMC chairperson' to `CMC'-- 18 omit, insert-- 19 CCC chairman for authority to conduct a controlled 20 operation if a person to be investigated by the CCC 21 10 Section 272(4)-- 22 omit, insert-- 23 (4) This section does not limit the parliamentary 24 commissioner's powers under Crime and 25 Corruption Act 2001, chapter 6, part 4, division 4 26 in relation to the functions of the CCC. 27 Page 146

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 11 Section 275(1), from `CMC chairperson' to 1 `chairperson's'-- 2 omit, insert-- 3 CCC chairman may delegate any of the chairman's 4 12 Section 275(1), `CMC assistant commissioner'-- 5 omit, insert-- 6 CCC senior executive officer 7 13 Section 281(1)-- 8 omit, insert-- 9 (1) A function conferred in relation to the activities 10 of the CCC under this chapter is only conferred 11 for the purpose of a function conferred on the 12 CCC under the Crime and Corruption Act 2001 13 relating to major crime as defined under that Act. 14 14 Section 319(1), from `CMC chairperson' to 15 `commissioner'-- 16 omit, insert-- 17 CCC chairman may delegate any of the chairman's 18 powers under this chapter relating to the following to a 19 CCC senior executive officer 20 15 Section 319(2), from `CMC chairperson' to 21 `chairperson's'-- 22 omit, insert-- 23 CCC chairman may delegate to an authorised 24 commission officer the chairman's 25 16 Section 325(3)-- 26 omit, insert-- 27 Page 147

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 (3) A function conferred under this chapter in 1 relation to the activities of the CCC is only 2 conferred for the purpose of a function conferred 3 on the CCC under the Crime and Corruption Act 4 2001 relating to major crime as defined under 5 that Act. 6 17 Section 362(4)-- 7 omit, insert-- 8 (4) For applying this section to the parliamentary 9 commissioner as inspection entity for the CCC, 10 this section does not limit the parliamentary 11 commissioner's powers under the Crime and 12 Corruption Act 2001, chapter 6, part 4, division 13 4. 14 18 Section 607(2)-- 15 omit, insert-- 16 (2) The conduct of the review and the preparation of 17 the report is a function of the CCC for the Crime 18 and Corruption Act 2001. 19 19 Sections 672(2)(a) and 680(2)(a), `CMC--CMC's'-- 20 omit, insert-- 21 CCC--CCC's 22 20 Section 674, heading, `CMC's'-- 23 omit, insert-- 24 CCC's 25 21 Section 674, `CMC is'-- 26 omit, insert-- 27 CCC is 28 Page 148

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 22 Section 675(2)(a), `official misconduct, misconduct'-- 1 omit, insert-- 2 corruption 3 23 Section 675-- 4 insert-- 5 (4) In this section-- 6 corruption see the Crime and Corruption Act 7 2001, schedule 2. 8 24 Section 678(3), second example-- 9 omit, insert-- 10 Example for subsection (3)(c)(ii)-- 11 The CCC chairman may keep the register in a way that prevents police 12 officers, other than those seconded to the CCC, inspecting the register. 13 25 Section 742(2A)-- 14 omit, insert-- 15 (2A) If a report under subsection (2) includes a report 16 on noncompliance involving police officers who 17 are also commission officers under the Crime and 18 Corruption Act 2001, the monitor must also give 19 a copy of the report to-- 20 (a) the CCC; and 21 (b) the Parliamentary Crime and Corruption 22 Committee of the Legislative Assembly. 23 26 Section 743(2)(d), `crime and misconduct commission'-- 24 omit, insert-- 25 CCC 26 Page 149

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 27 Section 789(3), from `CMC'-- 1 omit, insert-- 2 CCC for the Crime and Corruption Act 2001. 3 28 Section 803(4), definition proceeding, paragraphs (a) and 4 (b)-- 5 omit, insert-- 6 (a) a hearing under the Crime and Corruption 7 Act 2001; or 8 (b) another proceeding of the CCC in which a 9 police officer is being examined; or 10 29 Section 808(2), from `CMC'-- 11 omit, insert-- 12 CCC for the Crime and Corruption Act 2001. 13 30 Schedule 4, `Crime and Misconduct Act 2001'-- 14 omit, insert-- 15 Crime and Corruption Act 2001 16 31 Schedule 6, definitions CMC and CMC assistant 17 commissioner-- 18 omit. 19 32 Schedule 6-- 20 insert-- 21 CCC means the Crime and Corruption 22 Commission. 23 CCC senior executive officer means a senior 24 executive officer under the Crime and Corruption 25 Act 2001. 26 Page 150

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 33 Schedule 6, definition chief executive officer, paragraph 1 (a)-- 2 omit, insert-- 3 (a) for the CCC--the CCC chairman; or 4 34 Schedule 6, definition parliamentary committee, 5 `Misconduct'-- 6 omit, insert-- 7 Corruption 8 Police Powers and Responsibilities Regulation 2012 9 1 Schedule 6, item 4-- 10 omit, insert-- 11 4 The CCC 12 Police Service Administration Act 1990 13 1 Particular references to chairperson of the Crime and 14 Misconduct Commission 15 Each of the following provisions is amended by omitting 16 `chairperson of the Crime and Misconduct Commission' and 17 inserting `chairman of the Crime and Corruption Commission'-- 18 section 4.2(1) 19 section 4.3(1)(a) 20 section 4.3(2) 21 section 4.5(4)(a) 22 section 4.7(2) 23 Page 151

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 5AA.13(5) 1 section 7.2(2)(c) 2 section 9.2A(2) 3 2 Particular references to official misconduct 4 Each of the following provisions is amended by omitting `official 5 misconduct' and inserting `corrupt conduct'-- 6 section 1.4, definition disciplinary action 7 section 4.5(3)(c) 8 section 4.5(5) 9 section 6.1(1)(a)(i) 10 3 Particular references to Crime and Misconduct Act 2001 11 Each of the following provisions is amended by omitting `Crime 12 and Misconduct Act 2001' and inserting `Crime and Corruption 13 Act 2001'-- 14 section 4.7(1)(c) 15 section 5A.2, definition operative, paragraph (b) 16 section 9.1 17 section 9.2A(3)(b) 18 4 Section 1.4, definition official misconduct-- 19 omit. 20 5 Section 1.4-- 21 insert-- 22 corrupt conduct see the Crime and Corruption 23 Act 2001, section 15. 24 Page 152

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 6 Section 4.7(3), `chairperson', first and second mention-- 1 omit, insert-- 2 chairman 3 7 Section 4.7(3), `Misconduct'-- 4 omit, insert-- 5 Corruption 6 8 Section 4.7(4), `Misconduct'-- 7 omit, insert-- 8 Corruption 9 9 Section 5AA.13(6)(b) and (c), `chairperson'-- 10 omit, insert-- 11 chairman 12 10 Section 5AA.13(6)(d), from `chairperson'-- 13 omit, insert-- 14 chairman may hold under the Crime and Corruption 15 Act 2001. 16 11 Section 5AA.13(7), `chairperson's'-- 17 omit, insert-- 18 chairman's 19 12 Sections 7.4(2A), 7A.5 and 9.2A(2)(a) and schedule, 20 `Crime and Misconduct Commission'-- 21 omit, insert-- 22 Crime and Corruption Commission 23 Page 153

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 13 Section 7A.1(6)(b), from `Crime and Misconduct 1 Commission'-- 2 omit, insert-- 3 Crime and Corruption Commission of suspected 4 corrupt conduct under the Crime and Corruption Act 5 2001. 6 Police Service Administration Regulation 1990 7 1 Section 1.2, definition Crime and Misconduct 8 Commission-- 9 omit. 10 2 Section 4.5(2) and (5)(a), `chairperson of the Crime and 11 Misconduct Commission'-- 12 omit, insert-- 13 chairman of the Crime and Corruption Commission 14 3 Section 4.5(3) to (5), `chairperson'-- 15 omit, insert-- 16 chairman 17 4 Section 4.5(5)(b), `official misconduct'-- 18 omit, insert-- 19 corrupt conduct 20 5 Section 7C.2(d)-- 21 omit, insert-- 22 (d) Crime and Corruption Commission. 23 Page 154

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 6 Section 7C.4(f)-- 1 omit, insert-- 2 (f) Crime and Corruption Commission; 3 Police Service Administration (Review of Decisions) 4 Regulation 1990 5 1 Section 5(1), `chairperson of the Crime and Misconduct 6 Commission'-- 7 omit, insert-- 8 chairman of the Crime and Corruption Commission 9 2 Sections 7 and 15, `Crime and Misconduct 10 Commission'-- 11 omit, insert-- 12 Crime and Corruption Commission 13 Police Service (Discipline) Regulations 1990 14 1 Section 13(g), `Crime and Misconduct Commission'-- 15 omit, insert-- 16 Crime and Corruption Commission 17 Page 155

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Prostitution Act 1999 1 1 Section 102(1)(c)-- 2 omit, insert-- 3 (c) the chairman, or the senior executive officer 4 (crime), of the Crime and Corruption 5 Commission; 6 2 Section 102(5)-- 7 insert-- 8 senior executive officer (crime), of the Crime 9 and Corruption Commission, see the Crime and 10 Corruption Act 2001, section 245(3)(a). 11 3 Section 141(1) and (4), `Crime and Misconduct 12 Commission'-- 13 omit, insert-- 14 Crime and Corruption Commission 15 4 Section 141(1) and (2), `Crime and Misconduct Act 16 2001'-- 17 omit, insert-- 18 Crime and Corruption Act 2001 19 Prostitution Regulation 2000 20 1 Section 13B(4), definition complaints agency, paragraph 21 (b)-- 22 omit, insert-- 23 (b) the Crime and Corruption Commission; 24 Page 156

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 2 Schedule 1, entry for Crime and Misconduct 1 Commission-- 2 omit, insert-- 3 Crime and Corruption Commission 4 Public Health Act 2005 5 1 Section 312(1)(b)-- 6 omit, insert-- 7 (b) the Crime and Corruption Commission; 8 Public Interest Disclosure Act 2010 9 1 Particular references to Crime and Misconduct 10 Commission 11 Each of the following provisions is amended by omitting `Crime 12 and Misconduct Commission' and inserting `Crime and Corruption 13 Commission'-- 14 section 16(2)(b) 15 section 18(1)(c) 16 section 18(3) 17 section 19(1)(b) 18 section 19(2) 19 section 48(2)(c) 20 section 49(2)(b) 21 section 56 22 section 63, heading 23 Page 157

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 63(2) 1 schedule 4, definition administrative action, paragraph 2 (b) 3 2 Sections 13(1)(a)(i), 16(2), 18(1)(b) and 19(1)(a), `official 4 misconduct'-- 5 omit, insert-- 6 corrupt conduct 7 3 Sections 18(9)(b) and 19(8)(b)-- 8 omit, insert-- 9 (b) the making of a complaint to the Crime and 10 Corruption Commission under the Crime 11 and Corruption Act 2001. 12 4 Section 32(5)-- 13 omit, insert-- 14 (5) If a person makes a public interest disclosure to 15 the Crime and Corruption Commission in a 16 complaint of corruption, this section does not 17 impose on the commission any duty that the 18 commission does not already have under the 19 Crime and Corruption Act 2001. 20 (6) In this section-- 21 corruption see the Crime and Corruption Act 22 2001, schedule 2. 23 5 Section 63(1)(a), from `Crime'-- 24 omit, insert-- 25 Crime and Corruption Commission exercises its 26 functions under the Crime and Corruption Act 2001; 27 or 28 Page 158

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 6 Section 63(1)(b)-- 1 omit, insert-- 2 (b) requires the Crime and Corruption 3 Commission to report to the oversight 4 agency about the way the commission 5 exercises its powers under the Crime and 6 Corruption Act 2001. 7 7 Section 67(2), `Crime and Misconduct Act 2001, the Crime 8 and Misconduct Commission'-- 9 omit, insert-- 10 Crime and Corruption Act 2001, the Crime and 11 Corruption Commission 12 8 Section 67(2)(b)-- 13 omit, insert-- 14 (b) the contravention is corrupt conduct by a 15 person holding an appointment in a unit of 16 public administration within the meaning of 17 the Crime and Corruption Act 2001. 18 9 Schedule 1, entry for Crime and Misconduct 19 Commission-- 20 omit, insert-- 21 Crime and Corruption chairman of the commission Commission 10 Schedule 4, definition official misconduct-- 22 omit. 23 11 Schedule 4-- 24 insert-- 25 Page 159

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 corrupt conduct see the Crime and Corruption 1 Act 2001, section 15. 2 Public Safety Preservation Act 1986 3 1 Schedule, definition monitor, `Crime and Misconduct Act 4 2001'-- 5 omit, insert-- 6 Crime and Corruption Act 2001 7 Public Service Act 2008 8 1 Section 188A(6)(b)-- 9 omit, insert-- 10 (b) an investigation of a matter for the purpose 11 of notifying the Crime and Corruption 12 Commission of suspected corrupt conduct 13 under the Crime and Corruption Act 2001. 14 2 Schedule 4, definition disqualified person, paragraph 15 (a)(iv), `Crime and Misconduct Act 2001'-- 16 omit, insert-- 17 Crime and Corruption Act 2001 18 Page 160

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Public Service Regulation 2008 1 1 Section 10(2)(d)-- 2 omit, insert-- 3 (d) a document about the employee relating to 4 suspected corrupt conduct under the Crime 5 and Corruption Act 2001 or its 6 investigation; 7 Queensland Civil and Administrative Tribunal 8 Regulation 2009 9 1 Schedule 1, part 1, entry for Crime and Misconduct Act 10 2001-- 11 omit, insert-- 12 Crime and Corruption Act 2001, section 219G(1) (for 13 any application other than an application by the Crime 14 and Corruption Commission) 15 Queensland Competition Authority Act 1997 16 1 Section 229(a), `Crime and Misconduct Act 2001'-- 17 omit, insert-- 18 Crime and Corruption Act 2001 19 2 Section 234(4)(c)-- 20 omit, insert-- 21 Page 161

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 (c) corrupt conduct under the Crime and 1 Corruption Act 2001, section 15. 2 Queensland Independent Remuneration Tribunal Act 3 2013 4 1 Section 38, definition committee, paragraph (b)-- 5 omit, insert-- 6 (b) the Parliamentary Crime and Corruption 7 Committee established under the Crime and 8 Corruption Act 2001. 9 Queensland Mental Health Commission Act 2013 10 1 Section 10(1)(a), `Crime and Misconduct Act 2001'-- 11 omit, insert-- 12 Crime and Corruption Act 2001 13 Queensland Rail Transit Authority Act 2013 14 1 Section 37-- 15 omit, insert-- 16 37 Application of Crime and Corruption Act 2001 17 The Authority is a unit of public administration under 18 the Crime and Corruption Act 2001. 19 Page 162

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Queensland Reconstruction Authority Act 2011 1 1 Sections 9(1)(a) and 116(d), `Crime and Misconduct Act 2 2001'-- 3 omit, insert-- 4 Crime and Corruption Act 2001 5 Racing Act 2002 6 1 Sections 9AC(1)(c) and 32D, `Crime and Misconduct Act 7 2001'-- 8 omit, insert-- 9 Crime and Corruption Act 2001 10 Residential Tenancies and Rooming Accommodation 11 Act 2008 12 1 Section 485(a), `Crime and Misconduct Act 2001'-- 13 omit, insert-- 14 Crime and Corruption Act 2001 15 2 Section 500-- 16 omit, insert-- 17 500 Application of Crime and Corruption Act 2001 18 The employing office is a unit of public administration 19 under the Crime and Corruption Act 2001. 20 Page 163

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Right to Information Act 2009 1 1 Section 140A(7)(c)-- 2 omit, insert-- 3 (c) the Crime and Corruption Commission; or 4 2 Schedule 1, section 3, heading, `Crime and Misconduct 5 Act 2001'-- 6 omit, insert-- 7 Crime and Corruption Act 2001 8 3 Schedule 1, section 3 and schedule 3, section 10(9), 9 definitions crime function and intelligence functions, 10 `Crime and Misconduct Act 2001'-- 11 omit, insert-- 12 Crime and Corruption Act 2001 13 4 Schedule 3, section 10(2)(d), from `misconduct'-- 14 omit, insert-- 15 corruption under the Crime and Corruption Act 2001; 16 or 17 5 Schedule 3, section 10(8), from `to misconduct'-- 18 omit, insert-- 19 to corruption or possible corruption under the Crime 20 and Corruption Act 2001. 21 6 Schedule 3, section 10(9), definition misconduct 22 functions-- 23 omit. 24 Page 164

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 7 Schedule 3, section 10(9)-- 1 insert-- 2 corruption function see the Crime and 3 Corruption Act 2001, section 33. 4 8 Schedule 3, section 10(9), definition prescribed crime 5 body, paragraph (a)-- 6 omit, insert-- 7 (a) the Crime and Corruption Commission; or 8 9 Schedule 3, section 10(9), definition prescribed 9 functions, paragraph (a)-- 10 omit, insert-- 11 (a) in relation to the Crime and Corruption 12 Commission--the crime function, the 13 intelligence functions and the corruption 14 function; and 15 Rural and Regional Adjustment Act 1994 16 1 Sections 26(a) and 40(d), `Crime and Misconduct Act 17 2001'-- 18 omit, insert-- 19 Crime and Corruption Act 2001 20 Page 165

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 South-East Queensland Water (Distribution and Retail 1 Restructuring) Act 2009 2 1 Section 16-- 3 omit, insert-- 4 16 Crime and Corruption Act 2001 5 A distributor-retailer is a unit of public administration 6 under the Crime and Corruption Act 2001. 7 South-East Queensland Water (Restructuring) Act 8 2007 9 1 Section 35-- 10 omit, insert-- 11 35 Application of Crime and Corruption Act 2001 12 The Authority is a unit of public administration under 13 the Crime and Corruption Act 2001. 14 Statutory Bodies Financial Arrangements Regulation 15 2007 16 1 Schedule 3, entry for Crime and Misconduct Act 2001-- 17 omit, insert-- 18 Crime and Corruption Act 2001 Crime and Corruption Commission Page 166

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Superannuation (State Public Sector) Act 1990 1 1 Section 2, definition unit of the State public sector, 2 paragraph (c)-- 3 omit, insert-- 4 (c) the Crime and Corruption Commission; or 5 Superannuation (State Public Sector) Notice 2010 6 1 Schedule, entry for Crime and Misconduct Commission, 7 column 1-- 8 omit, insert-- 9 Crime and Corruption Commission 10 Telecommunications Interception Act 2009 11 1 Long title, `Crime and Misconduct Commission'-- 12 omit, insert-- 13 Crime and Corruption Commission 14 2 Particular references to Crime and Misconduct Act 2001 15 Each of the following provisions is amended by omitting `Crime 16 and Misconduct Act 2001' and inserting `Crime and Corruption 17 Act 2001'-- 18 section 13(1) 19 section 32(1) 20 schedule, definition deputy PIM, paragraph (b) 21 Page 167

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 schedule, definition parliamentary commissioner 1 schedule, definition public interest monitor, paragraph 2 (b) 3 3 Particular references to CMC 4 Each of the following provisions is amended by omitting `CMC' 5 and inserting `CCC'-- 6 section 5 7 section 12(3)(a) 8 section 24(4)(b) 9 schedule, definition eligible authority, paragraph (a) 10 schedule, definition inspecting entity, paragraph (a) 11 4 Schedule, definition chief officer, paragraph (a), 12 `CMC--the chairperson'-- 13 omit, insert-- 14 CCC--the chairman 15 5 Schedule, definitions CMC and parliamentary 16 committee-- 17 omit. 18 6 Schedule-- 19 insert-- 20 CCC means the Crime and Corruption 21 Commission. 22 parliamentary committee means the 23 Parliamentary Crime and Corruption Committee 24 of the Legislative Assembly under the Crime and 25 Corruption Act 2001. 26 Page 168

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 7 Schedule, definition officer, paragraph (a)(i)-- 1 omit, insert-- 2 (i) for the CCC--a commission officer 3 under the Crime and Corruption Act 4 2001; or 5 Terrorism (Preventative Detention) Act 2005 6 1 References to Crime and Misconduct Commission 7 Each of the following provisions is amended by omitting `Crime 8 and Misconduct Commission' and inserting `Crime and Corruption 9 Commission'-- 10 section 47(2)(e) 11 section 48(2)(d) 12 section 57 13 section 64(d)(iii) 14 section 65(1)(e)(i) 15 section 81 16 Transport Operations (Marine Safety) Act 1994 17 1 Section 151(b)-- 18 omit, insert-- 19 (b) the Crime and Corruption Commission; 20 Page 169

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Transport Operations (Passenger Transport) Act 1994 1 1 Section 113H, heading, `Crime and Misconduct Act 2001' 2 omit, insert-- 3 Crime and Corruption Act 2001 4 2 Sections 113H(2) and (3) and 118(3)(d), `Crime and 5 Misconduct Act 2001'-- 6 omit, insert-- 7 Crime and Corruption Act 2001 8 Wagering Regulation 1999 9 1 Schedule 1, entry for Crime and Misconduct 10 Commission, Queensland-- 11 omit, insert-- 12 Crime and Corruption Commission, Queensland 13 Water Act 2000 14 1 Schedule 4, definition unit of public administration-- 15 omit. 16 Page 170

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 Witness Protection Act 2000 1 1 Particular references to Crime and Misconduct Act 2001 2 Each of the following provisions is amended by omitting `Crime 3 and Misconduct Act 2001' and inserting `Crime and Corruption 4 Act 2001'-- 5 section 6(3)(g)(ii) 6 section 35(2) 7 section 36(2)(c) 8 section 38(1)(i) 9 section 38(1)(j) 10 section 45(b) 11 schedule 2, definition proceeding, examples, third and 12 fifth dot points 13 2 Particular references to chairperson 14 Each of the following provisions is amended by omitting 15 `chairperson' and inserting `chairman'-- 16 sections 6 to 14 17 sections 14A to 14F 18 section 15(1) 19 section 16 20 sections 20 to 22 21 section 25 22 sections 28 to 31 23 section 32(1) 24 section 33(2)(b) 25 section 35 26 section 37(1)(e)(ii) and (2)(a) 27 Page 171

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 section 38(1)(a), (h) and (3) 1 sections 40 and 41 2 section 43(1)(b) and (2) 3 section 45(a) 4 section 46(1) and (2) 5 section 48(1) and (2) 6 section 49 7 schedule 2, definition witness protection officer 8 3 Sections 6(1) and 36(2)(b), `chairperson's'-- 9 omit, insert-- 10 chairman's 11 4 Section 43(1)(b)(iii)-- 12 omit, insert-- 13 (iii) the senior executive officer (crime) 14 under the Crime and Corruption Act 15 2001. 16 5 Section 45(c)-- 17 omit, insert-- 18 (c) a senior executive officer under the Crime 19 and Corruption Act 2001; 20 6 Schedule 2, definitions chairperson and commission-- 21 omit. 22 7 Schedule 2-- 23 insert-- 24 chairman means chairman of the commission. 25 Page 172

 


 

Crime and Misconduct and Other Legislation Amendment Bill 2014 Schedule 2 commission means the Crime and Corruption 1 Commission. 2 Workers' Compensation and Rehabilitation Act 2003 3 1 Section 475(a), `Crime and Misconduct Act 2001'-- 4 omit, insert-- 5 Crime and Corruption Act 2001 6 State of Queensland 2014 Authorised by the Parliamentary Counsel Page 173

 


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