Carne v Crime and Corruption Commission

In the case of Carne v Crime and Corruption Commission, the applicant, Mr Carne, sought various legal remedies in relation to a report produced by the Crime and Corruption Commission (CCC) and the actions of the CCC in requesting that the report be presented to the Parliamentary Crime and Corruption Commission (PCCC). The PCCC is a committee of the Legislative Assembly of Queensland. The primary legal issues before the court were whether the preparation of the report was part of the proceedings of the Legislative Assembly of Queensland, whether parliamentary privilege and immunity attached to the preparation of the report, and whether the applicant's actions sought to question or impeach the proceedings.

The court held that the report of the CCC was a document that qualified as a "report" under section 69(1) of the Crime and Corruption Act 2001 if the PCCC directed the Commission to give the report to the Speaker. The preparation of the report and the resolution of the CCC to seek a direction from the PCCC pursuant to section 69 were proceedings of the Parliament. The applicant's application sought to impeach or question those proceedings, which was contrary to section 8 of the Parliamentary Oaths and Privileges Act 1987 (POQ Act). Consequently, the application was dismissed, and the parties were heard on the question of costs.

The court's decision was based on the premise that the report was part of the proceedings of the Assembly, and Mr Carne's application was not justiciable. The court also found that the applicant's actions sought to impeach or question the proceedings, which was in violation of the POQ Act. The court held that the application must be dismissed, and the matter was referred to determine the costs associated with the proceedings.