Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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
[Index] [Search] [Download] [Related Items] [Help]