Crime and Corruption Commission v Carne

HIGH COURT OF AUSTRALIA

KIEFEL CJ,
GAGELER, GORDON, EDELMAN AND JAGOT JJ

CRIME AND CORRUPTION COMMISSION  APPELLANT

AND

PETER DAMIEN CARNE  RESPONDENT

Crime and Corruption Commission v Carne

[2023] HCA 28

Date of Hearing: 6 & 7 June 2023

Date of Judgment: 13 September 2023

B66/2022

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation

P J Dunning KC with M R Wilkinson and S E D Spottiswood for the appellant (instructed by Crime and Corruption Commission)

J M Horton KC with J P Pemberton for the respondent (instructed by Gilshenan & Luton Legal Practice)

T M Begbie KC with P J Melican and E H I Smith for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

B W Walker SC with R M O'Gorman KC and C J Tessmann for the Speaker of the Legislative Assembly of Queensland, intervening (instructed by Clerk of the Queensland Parliament)

Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

1. KIEFEL CJ, GAGELER AND JAGOT JJ.   The office of the Public Trustee of Queensland was established under the Public Trustee Act 1978 (Qld) and the Public Trustee is appointed under that Act[1]. The respondent held that office from March 2009 until March 2014, and from March 2016 until 31 July 2020, when his resignation took effect.

   [1]Public Trustee Act 1978 (Qld), s 9(1).

2. The Crime and Corruption Commission ("the Commission") was established under the Crime and Corruption Act 2001 (Qld) ("the CC Act")[2]. The Parliamentary Crime and Corruption Committee ("the Committee") was also established under the CC Act as a committee of the Legislative Assembly of Queensland[3].

   [2]Crime and Corruption Act 2001 (Qld), s 220.

   [3]Crime and Corruption Act 2001 (Qld), s 291.

3. On 25 June 2018 the Commission received an anonymous complaint against the respondent alleging that he had been involved in corrupt conduct and was guilty of maladministration. In September 2018, after further correspondence was received from the same person, the Commission commenced an investigation into the allegations.

4. On 28 May 2019 the Commission referred certain information to the Attorney‑General for consideration of whether the respondent had engaged in "misbehaviour" within the meaning of the Public Trustee Act, and whether to take disciplinary action against the respondent. On 13 June 2019 the Attorney‑General advised the respondent that the Governor‑in‑Council had approved the suspension of his appointment as Public Trustee pending the outcome of a "show cause" process. In November 2019 a show cause letter in respect of a number of allegations of misbehaviour under the Public Trustee Act was issued to the respondent. The respondent was invited to make submissions.

5. On 23 April 2020 the Commission wrote to the Acting Public Trustee, making a number of recommendations as to the operation of the Public Trust Office. The description of the subject matter of the letter contained the words "referral of recommendations". The topics to which recommendations…