SUPREME COURT OF QUEENSLAND
CITATION:
Carne v Crime and Corruption Commission [2022] QCA 141
PARTIES:
PETER DAMIEN CARNE
(appellant)
v
CRIME AND CORRUPTION COMMISSION
(respondent)FILE NO/S:
Appeal No 11753 of 2021
SC No 10786 of 2020DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane – [2021] QSC 228 (Davis J)DELIVERED ON:
5 August 2022
DELIVERED AT:
Brisbane
HEARING DATE:
7 March 2022; further written submissions received on 30 June 2022
JUDGES:
McMurdo and Mullins JJA and Freeburn J
ORDERS:
1. Appeal allowed.
2. Set aside the order made in the Trial Division on 10 September 2021 dismissing the appellant’s application.
3. Declare that the document made by the respondent entitled “An investigation into allegations relating to the former Public Trustee of Queensland: Investigation Report” is not a report for the purposes of s 69(1) of the Crime and Corruption Act 2001 (Qld).
4. The respondent to pay the appellant’s costs of the appeal.
5. Liberty to apply for such further orders consistent with this judgment by written submissions, not to exceed five pages in length, to be submitted within 21 days of the delivery of this Court’s judgment.
CATCHWORDS:
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – where the respondent investigated allegations of corrupt conduct made against the appellant – where no finding of corrupt conduct was made – where the respondent prepared a report of that investigation purportedly pursuant to s 69 of the Crime and Corruption Act 2001 (Qld) (“the Act”) – where the purposes of the Act are to combat and reduce the incidence of major crime and to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector – where, to achieve those purposes, the Act confers upon the Crime and Corruption Commission (“the Commission”), inter alia, prevention and corruption functions – where by s 64 of the Act the Commission is empowered to report in performing its functions – where by s 23 of the Act the Commission’s prevention function is concerned with the prevention of major crime and corruption – where by s 33 of the Act the Commission’s corruption function empowers it to deal with conduct which is corrupt conduct – whether the Commission’s prevention function extends to a broader function of helping to prevent conduct by senior public servants and public officials which might be considered to fall short of a standard to be expected of them where that conduct does not constitute major crime or corruption – whether the Commission’s corruption function empowers it to do whatever it believes would be likely to promote a standard of conduct to be expected of senior public servants and public officials beyond raising those standards above a level at which conduct is corrupt – whether the Commission remains empowered to report under s 64 of the Act after performing its functions – whether s 69 of the Act confers upon the Commission a general power to report – whether…
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- Case
- [2022] QCA 141
- Decision Date
CaseChat Overview and Summary
The court's reasoning and outcome in this case were grounded in the statutory interpretation of the Crime and Corruption Act and the principles of parliamentary privilege. The court found that the respondent's prevention function did not extend to helping prevent conduct that fell short of expected standards if that conduct was not criminal or corrupt. Similarly, the respondent's corruption function did not empower it to report on conduct beyond what was defined as corrupt under the Act. Regarding section 69, the court determined that it did not confer a general reporting power but was limited to specific instances outlined in the Act. Consequently, the report in question did not qualify as a "report" for the purposes of section 69(1) because it was not one of the types of reports explicitly mentioned in the Act. The court further held that parliamentary privilege protected the report, precluding the appellant's claims about procedural fairness from judicial review. This protection meant that the issues of procedural fairness and the publication of the report were within the purview of the Legislative Assembly, not the courts.
The final orders of the court were that the appeal was allowed, the previous order dismissing the appellant's application was set aside, and it was declared that the respondent's report was not a report for the purposes of section 69(1) of the Crime and Corruption Act. The respondent was ordered to pay the appellant's costs of the appeal. Additionally, the respondent was granted liberty to apply for further orders consistent with the judgment within 21 days of the court's decision.
Orders
Orders of the court
1. Appeal allowed.
2. Set aside the order made in the Trial Division on 10 September 2021 dismissing the appellant’s application.
3. Declare that the document made by the respondent entitled “An investigation into allegations relating to the former Public Trustee of Queensland: Investigation Report” is not a report for the purposes of s 69(1) of the Crime and Corruption Act 2001 (Qld).
4. The respondent to pay the appellant’s costs of the appeal.
5. Liberty to apply for such further orders consistent with this judgment by written submissions, not to exceed five pages in length, to be submitted within 21 days of the delivery of this Court’s judgment.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
As the report is protected by parliamentary privilege, the appellant’s claims about procedural fairness are not justiciable. The issues of procedural fairness and the publication of the report are properly within the borders of the business of parliament.The Declarations and Injunctions There is a further reason for refusing the relief sought by the appellant. The terms of the declarations and injunctions sought by the appellant are set out above.[132] In broad terms the appellant seeks:(a)declarations that s 69(1) of the CC Act does not apply to the report, that in preparing the report the Commission failed to observe the requirements of natural justice, and that the resolution of the Commission seeking a direction from the PCCC that the report be given to the Speaker was invalid; and(b)a mandatory injunction requiring the Commission to retract that resolution.[132]Paragraph [85] above. The relief sought in the notice of appeal is similar but omits the claim for an injunction. There are some inherent problems. The first is that the report has already been sent by the Commission to the PCCC. That occurred on 6 October 2020.[133] That means that the PCCC is entitled to direct that the report be given to the Speaker pursuant to s 69(1)(b) of the CC Act.[134] The second is that the Commission’s own resolution to seek a direction from the PCCC is not an act or a step that is authorised by the CC Act. It may be that, as a matter of practice, the Commission requests such a direction from the PCCC. However, the Act gives the PCCC a right to direct that a report be given to the Speaker irrespective of whether the Commission invites such a direction.[133]Paragraph [89] above.[134]At present, of course, the PCCC has agreed to await the court’s decision. That leads to the third problem. At the core of the relief sought by the appellant is a desire to stop the PCCC from directing that the report be given to the Speaker.[135] That rather starkly exposes the difficulty. In other words, whilst the terms of the declarations and injunction go to some effort to avoid directly impacting the PCCC, in substance what the appellant asks this court to restrain is the PCCC’s right to direct that the report be given to the Speaker.[135]Even if the PCCC did not yet have the report the terms of s 69 still entitle the PCCC to issue a direction. In my view, orders to that effect would be contrary to the principle that parliamentary proceedings are immune from outside examination by other organs of the state and would be to trespass inadvertently into the legislature’s province. Finally, there is good reason to be sympathetic to the appellant’s plight. If the PCCC does decide to direct that the report be given to the Speaker, then unproven and untested allegations against him will enter the public domain. However, the decision that the PCCC makes about that, and its balancing of the legitimate reputational interests of the appellant as against the public interest as reflected in the CC Act, are a matter for the PCCC – an arm of parliament. It is not this court’s role to either enjoin the Commission from submitting the report to the PCCC or to enjoin the PCCC from deciding to direct that the report be given to the Speaker.