Crime and Corruption Commission v Carne

The High Court of Australia considered an appeal from the Queensland Court of Appeal concerning the interpretation of provisions within the *Crime and Corruption Act 2001* (Qld) and the *Public Interest Disclosure Act 2010* (Qld). The Crime and Corruption Commission (CCC) sought to appeal a decision that had quashed a notice issued by the CCC to Mr. Carne, a former public official, requiring him to provide information and documents relevant to an investigation into alleged corrupt conduct. The central dispute revolved around whether the CCC had acted within its statutory powers when issuing the notice, particularly in light of Mr. Carne's assertion of privilege and the application of public interest disclosure protections.

The High Court was required to determine whether the CCC had the power to issue a notice under section 37 of the *Crime and Corruption Act 2001* (Qld) to a person who was no longer a public official, and whether the protections afforded by the *Public Interest Disclosure Act 2010* (Qld) could be overridden by the CCC's investigative powers. Specifically, the Court had to consider the scope of the CCC's investigative mandate and the extent to which it could compel the production of information from former public officials, even when such information might relate to disclosures made under the public interest disclosure regime.

The Court reasoned that the *Crime and Corruption Act 2001* (Qld) grants the CCC broad investigative powers, including the ability to issue notices to compel the production of information, irrespective of whether the recipient is a current public official. The Court found that the purpose of the CCC's investigative powers is to facilitate the investigation of corrupt conduct, and this purpose would be undermined if such powers were limited to current public officials. Furthermore, the Court held that while the *Public Interest Disclosure Act 2010* (Qld) provides significant protections for those who make public interest disclosures, these protections do not operate as an absolute bar to the CCC exercising its investigative powers. The Court clarified that the statutory framework contemplates a balance between protecting disclosers and enabling the CCC to effectively investigate corruption.

The High Court allowed the appeal, setting aside the order of the Queensland Court of Appeal and remitting the matter to that Court for further consideration.