Crime and Misconduct and Other Legislation Amendment Act 2014 (Qld)

Queensland Crime and Misconduct and Other Legislation Amendment Act 2014 Act No. 21 of 2014

Queensland Crime and Misconduct and Other Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of Crime and Misconduct Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 4 (Act’s purposes) . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s 5 (How Act’s purposes are to be achieved). . . . 13 Omission of s 13 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 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 Amendment of s 23 (Commission’s prevention function) . . . . . . . 16 Amendment of s 24 (How commission performs its prevention function) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Replacement of s 33 (Commission’s misconduct functions) . . . . 16 33 Commission’s corruption function. . . . . . . . . . . . . . . . 17 Amendment of s 34 (Principles for performing misconduct functions) ...................................... 17 Amendment of s 35 (How commission performs its misconduct functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 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 Act 2014 Contents 16 17 18 19 20 21 22 23 24 24A 25 26 27 28 29 30 31 32 33 34 35 36 37 Page 2 35B Publication of information about how commission performs its corruption function . . . . . . . . . . . . . . . . . 19 Amendment of s 36 (Complaining about misconduct) . . . . . . . . . 20 Amendment of s 38 (Duty to notify commission of official misconduct) .................................. 22 Amendment of s 40 (Commission may issue directions about how notifications are to be made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of s 46 (Dealing with complaints—commission) . . . 23 Insertion of new ch 2, pt 3, div 4, sdiv 4 . . . . . . . . . . . . . . . . . . . . 24 Subdivision 4 Miscellaneous provision 48A Policy about how complaints involving public official are to be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Replacement of s 52 (Research functions) . . . . . . . . . . . . . . . . . 25 52 Research function . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Amendment of s 58 (Independence of holders of judicial office) . 27 Amendment of s 130 (Disclosure of information obtained using surveillance warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Amendment of s 146K (Protection from liability) . . . . . . . . . . . . . 28 Amendment of s 146ZQ (Report about authorities for assumed identities etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Amendment of s 146ZU (Delegation—chairperson) . . . . . . . . . . 29 Amendment of s 178 (Who must conduct hearings) . . . . . . . . . . 29 Amendment of s 213 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Amendment of s 216 (Frivolous or vexatious complaint) . . . . . . . 30 Insertion of new s 216A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 216A Other improper complaints . . . . . . . . . . . . . . . . . . . . . 31 Amendment of ch 6, pt 1, hdg (Crime and Misconduct Commission) 32 Amendment of ch 6, pt 1, div 1, hdg (Establishment of Crime and Misconduct Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Amendment of s 220 (Establishment) . . . . . . . . . . . . . . . . . . . . . 32 Amendment of s 221 (Commission has common seal etc.) . . . . . 32 Replacement of s 223 (Membership of the commission) . . . . . . . 33 223 Membership of the commission . . . . . . . . . . . . . . . . . 33 Amendment of s 224 (Qualifications for appointment as the chairperson) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Replacement of s 225 (Qualifications for appointment as a part-time commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 225 Qualifications for appointment—other commissioners 34 Amendment of s 227 (Advertising and nominations for appointment) 34 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents 38 Replacement of ss 228–230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 228 Consultation before nominating persons for appointment 35 229 Appointment of commissioners . . . . . . . . . . . . . . . . . 35 39 Amendment of s 231 (Duration of appointment) . . . . . . . . . . . . . 35 40 Amendment of s 233 (Preservation of rights). . . . . . . . . . . . . . . . 36 41 Amendment of s 234 (Leave of absence). . . . . . . . . . . . . . . . . . . 36 42 Amendment of s 236 (Termination of appointment) . . . . . . . . . . . 36 43 Replacement of ss 237 and 237A . . . . . . . . . . . . . . . . . . . . . . . . 37 237 Acting commissioners . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Insertion of new ch 6, pt 1, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2A Sessional commissioners 239 Appointment of sessional commissioners . . . . . . . . . 37 240 Qualification for appointment as a sessional commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 38 241 Disqualification as a sessional commissioner . . . . . . 38 242 Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . 38 243 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 45 Amendment of ch 6, pt 1, div 3, hdg (Assistant commissioners and senior officers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 46 Omission of ss 239–244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 47 Amendment of s 245 (Senior officers) . . . . . . . . . . . . . . . . . . . . . 39 48 Amendment of s 247 (Duration of appointment) . . . . . . . . . . . . . 40 49 Amendment of s 247A (Notice to parliamentary committee) . . . . 41 50 Amendment of s 248 (Basis of employment for assistant commissioners or senior officers). . . . . . . . . . . . . . . . . . . . . . . . . 41 51 Omission of s 250 (Acting assistant commissioner) . . . . . . . . . . . 42 52 Replacement of ch 6, pt 1, div 4 (Roles of chairperson and assistant commissioners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 4 Roles of commission, chairman and chief executive officer 251 Role of commission . . . . . . . . . . . . . . . . . . . . . . . . . . 42 252 Role of chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 253 Role of chief executive officer. . . . . . . . . . . . . . . . . . . 44 53 Amendment of s 254 (Commission staff) . . . . . . . . . . . . . . . . . . . 45 54 Amendment of s 255 (Secondment of officers) . . . . . . . . . . . . . . 45 55 Amendment of s 259 (Budget and performance) . . . . . . . . . . . . . 45 56 Replacement of s 262 (Assistant commissioners to attend meetings) 45 2014 Act No. 21 Page 3

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Page 4 262 Senior executive officer may attend meetings . . . . . . 46 Amendment of s 265 (Presiding at meetings) . . . . . . . . . . . . . . . 46 Replacement of s 269 (Delegation—commission) . . . . . . . . . . . . 46 269 Delegation—commission . . . . . . . . . . . . . . . . . . . . . . 46 Amendment of s 270 (Delegation—chairperson) . . . . . . . . . . . . . 48 Replacement of s 271 (Delegation—assistant commissioner) . . . 49 271 Delegation—chief executive officer and senior executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Amendment of s 273 (Commission officer’s identity card) . . . . . . 49 Insertion of new ch 6, pt 1, divs 9 and 10. . . . . . . . . . . . . . . . . . . 49 Division 9 Disciplinary action for senior officers and commission staff and agents etc. 273A Definitions for div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 273B Grounds for discipline. . . . . . . . . . . . . . . . . . . . . . . . . 50 273C Disciplinary action that may be taken against a relevant commission officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 273D Disciplinary action that may be taken against a former relevant commission officer . . . . . . . . . . . . . . . . . . . . 53 273E Suspension of relevant commission officer liable to disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . 55 273F Procedure for disciplinary action . . . . . . . . . . . . . . . . 56 Division 10 Additional provision about senior officers and commission staff and agents 273G Requirement to disclose previous history of serious disciplinary action ..................... 57 Amendment of s 278 (Membership of reference committee) . . . . 59 Amendment of s 279 (Deputy committee member) . . . . . . . . . . . 59 Amendment of ch 6, pt 3, hdg (Parliamentary Crime and Misconduct Committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Amendment of s 291 (Establishment of parliamentary committee) 60 Amendment of s 292 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 60 Amendment of s 295 (Referral of concerns by parliamentary committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Insertion of new s 302A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 302A Meetings of parliamentary committee generally to be held in public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Amendment of ch 6, pt 4, hdg (Parliamentary crime and misconduct commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Amendment of s 303 (Office of parliamentary crime and misconduct commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents 72 Amendment of s 308 (Acting parliamentary commissioner). . . . . 62 73 Amendment of s 314 (Functions of parliamentary commissioner) 62 74 Insertion of new ss 314A and 314B . . . . . . . . . . . . . . . . . . . . . . . 63 314A Recommendation or referral arising from investigation conducted on parliamentary commissioner’s own initiative .............................. 64 314B Report on investigation conducted on parliamentary commissioner’s own initiative . . . . . . . . . . . . . . . . . . . 66 75 Amendment of s 318 (Parliamentary commissioner may conduct hearings in limited circumstances) . . . . . . . . . . . . . . . . . . . . . . . . 67 76 Insertion of new s 323A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 323A Use of report on investigation conducted by parliamentary committee or parliamentary commissioner 68 77 Replacement of s 329 (Duty of chairperson to notify improper conduct to the parliamentary committee) . . . . . . . . . . . . . . . . . . . 69 329 Duty to notify the parliamentary committee and the parliamentary commissioner of improper conduct . . . 69 78 Amendment of s 335 (Protecting officials and others from liability) 71 79 Amendment of s 336 (Protection of parliamentary commissioner and officers etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 80 Insertion of new ch 8, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Part 11 CrimeandMisconductandOtherLegislationAmendmentAct2014 Division 1 Preliminary 396 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2 Continuing particular appointments until the commencement day 397 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 398 Part-time commissioners and acting part-time commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 399 Declaration for continued appointments . . . . . . . . . . . 73 81 Insertion of new ch 8, pt 11, divs 3 to 7 . . . . . . . . . . . . . . . . . . . . 74 Division 3 General 400 References to Crime and Misconduct Act 2001 and particular terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 401 References to former titles . . . . . . . . . . . . . . . . . . . . . 75 Division 4 Commissioners from commencement day Subdivision 1 Existing appointments 402 Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 403 Part-time commissioners . . . . . . . . . . . . . . . . . . . . . . 78 2014 Act No. 21 Page 5

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents 82 Part 3 83 84 85 86 Page 6 404 Acting part-time commissioners . . . . . . . . . . . . . . . . . 78 Subdivision 2 New appointments 405 Provision for selection processes for roles of commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Subdivision 3 Other provisions about former commissioners 406 Hearing, investigation or operation being conducted by former commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 80 407 Things done by or in relation to former commissioner 81 Division 5 Assistant commissioners 408 Assistant commissioners continue as senior executive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 409 Acting assistant commissioners . . . . . . . . . . . . . . . . . 84 410 Hearing, investigation or operation being conducted by assistant commissioner . . . . . . . . . . . . . . . . . . . . . . . 85 411 Things done by or in relation to assistant commissioner (crime) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 412 Things done by or in relation to assistant commissioner (misconduct). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 6 Functions of parliamentary commissioner 413 Investigations on parliamentary commissioner’s own initiative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 414 Hearings conducted by parliamentary commissioner. 87 415 Use of report of investigation conducted by parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 7 Other provisions 416 Existing complaints. . . . . . . . . . . . . . . . . . . . . . . . . . . 88 417 Initial research plan . . . . . . . . . . . . . . . . . . . . . . . . . . 89 418 Investigation of holders of judicial officers . . . . . . . . . 89 419 Notifying parliamentary committee of improper conduct 89 420 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 421 Declaration about s 385 . . . . . . . . . . . . . . . . . . . . . . . 91 422 Application of PublicInterestDisclosureAct2010 . . . 91 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 91 Amendment of PublicServiceAct2008 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Amendment of s 26 (Work performance and personal conduct principles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Amendment of s 46 (Main functions) . . . . . . . . . . . . . . . . . . . . . . 96 Amendment of s 62 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 96 2014 Act No. 21

87 88 89 Part 4 90 91 92 93 Part 5 94 Schedule 1 Schedule 2 Crime and Misconduct and Other Legislation Amendment Act 2014 Contents Insertion of new ch 3, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Part 6 Functions of commission relating to work performance matters 88H Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 88I Commission may conduct review of department’s handling of work performance matters . . . . . . . . . . . . 97 88J Chief executive of department to provide help for review under s 88I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 88K Exchange of information with external agency. . . . . . 99 88L Protection from liability for giving information . . . . . . . 100 88M Confidentiality of information . . . . . . . . . . . . . . . . . . . 101 88N Publication of information about work performance matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Insertion of new s 219A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 219A Departments to have complaints management system for customer complaints . . . . . . . . . . . . . . . . . . . . . . . 103 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of PublicServiceRegulation2008 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Part 4A Miscellaneous provision 15 External agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of sch 1 (Public service offices, their heads and applied provisions and rulings). . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Amendment of sch 2 (Applied provisions and rulings for health service employees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Minor and consequential amendments Legislation amended in schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . 108 Minor and consequential amendments of CrimeandMisconductAct2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Minor and consequential amendments of other legislation . 117 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Auditor-General Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Births,DeathsandMarriagesRegistration Act 2003 . . . . . . . . . . 118 Births, Deaths and Marriages Registration Regulation 2003 . . . . 118 Casino Control Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 118 Charitable and Non-Profit Gaming Regulation 1999 . . . . . . . . . . 119 2014 Act No. 21 Page 7

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents Page 8 Child Protection (Offender Prohibition Order) Act 2008 . . . . . . . . Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . City of Brisbane Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City of Brisbane Regulation 2012. . . . . . . . . . . . . . . . . . . . . . . . . Cooperatives Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CoronersAct2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CorrectiveServicesAct2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective Services Regulation 2006 . . . . . . . . . . . . . . . . . . . . . . CrimeandMisconductRegulation2005 . . . . . . . . . . . . . . . . . . . Criminal Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CriminalLaw(SexualOffences)Act1978 . . . . . . . . . . . . . . . . . . CriminalOrganisationAct2009 . . . . . . . . . . . . . . . . . . . . . . . . . . CriminalProceedsConfiscationAct2002 . . . . . . . . . . . . . . . . . . DisabilityServicesAct2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education(QueenslandCollegeofTeachers)Act2005. . . . . . . . ElectoralAct1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . EvidenceAct1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ExplosivesAct1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial and Performance Management Standard 2009 . . . . . . FinancialTransactionReportsAct1992. . . . . . . . . . . . . . . . . . . . FireandEmergencyServicesAct1990 . . . . . . . . . . . . . . . . . . . . FoodProduction(Safety)Act2000 . . . . . . . . . . . . . . . . . . . . . . . GamingMachineRegulation2002 . . . . . . . . . . . . . . . . . . . . . . . . GovernmentOwnedCorporationsAct1993 . . . . . . . . . . . . . . . . HealthOmbudsmanAct2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . HealthQualityandComplaintsCommissionAct2006. . . . . . . . . HospitalandHealthBoardsAct2011 . . . . . . . . . . . . . . . . . . . . . InformationPrivacyAct2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . IntegrityAct2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . InteractiveGambling(PlayerProtection)Regulation1998. . . . . . JudicialReviewAct1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . JusticesAct1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Keno Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LegalAidQueenslandAct1997. . . . . . . . . . . . . . . . . . . . . . . . . . LegalProfessionAct2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LegalProfessionRegulation2007 . . . . . . . . . . . . . . . . . . . . . . . . 119 120 120 122 122 122 123 124 124 125 126 126 127 128 129 129 129 132 133 133 134 134 135 135 137 137 137 138 138 139 139 140 140 141 141 141 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Regulation 2012 . . . . . . . . . . . . . . . . . . . . . . . Lotteries Regulation 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrates Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ministerial and Other Office Holder Staff Act 2010. . . . . . . . . . . . OmbudsmanAct2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ParliamentofQueenslandAct2001. . . . . . . . . . . . . . . . . . . . . . . PenaltiesandSentencesAct1992. . . . . . . . . . . . . . . . . . . . . . . . PolicePowersandResponsibilitiesAct2000 . . . . . . . . . . . . . . . . PolicePowersandResponsibilitiesRegulation2012 . . . . . . . . . . PoliceServiceAdministrationAct1990 . . . . . . . . . . . . . . . . . . . . Police Service Administration Regulation 1990 . . . . . . . . . . . . . . Police Service Administration (Review of Decisions) Regulation 1990 ......................................... Police Service (Discipline) Regulations 1990 . . . . . . . . . . . . . . . . Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prostitution Regulation 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PublicInterestDisclosureAct2010 . . . . . . . . . . . . . . . . . . . . . . . PublicSafetyPreservationAct1986 . . . . . . . . . . . . . . . . . . . . . . PublicServiceAct2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PublicServiceRegulation2008 . . . . . . . . . . . . . . . . . . . . . . . . . . Queensland Civil and Administrative Tribunal Regulation 2009 . . QueenslandCompetitionAuthorityAct1997 . . . . . . . . . . . . . . . . QueenslandIndependentRemunerationTribunalAct2013. . . . . QueenslandMentalHealthCommissionAct2013 . . . . . . . . . . . . QueenslandRailTransitAuthorityAct2013 . . . . . . . . . . . . . . . . . QueenslandReconstructionAuthorityAct2011. . . . . . . . . . . . . . RacingAct2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ResidentialTenanciesandRoomingAccommodationAct2008 . RighttoInformationAct2009. . . . . . . . . . . . . . . . . . . . . . . . . . . . RuralandRegionalAdjustmentAct1994 . . . . . . . . . . . . . . . . . . South-EastQueenslandWater(DistributionandRetailRestructuring) Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . South-East Queensland Water (Restructuring) Act 2007. . . . . . . Statutory Bodies Financial Arrangements Regulation 2007. . . . . 141 143 143 144 144 144 145 146 146 154 154 157 158 158 159 159 160 160 163 163 164 164 164 165 165 165 166 166 166 167 168 169 169 169 2014 Act No. 21 Page 9

Crime and Misconduct and Other Legislation Amendment Act 2014 Contents Superannuation (State Public Sector) Act 1990 . . . . . . . . . . . . . . Superannuation (State Public Sector) Notice 2010 . . . . . . . . . . . Telecommunications Interception Act 2009 . . . . . . . . . . . . . . . . . Terrorism (Preventative Detention) Act 2005 . . . . . . . . . . . . . . . . Transport Operations (Marine Safety) Act 1994 . . . . . . . . . . . . . . TransportOperations(PassengerTransport)Act1994 . . . . . . . . Wagering Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WaterAct2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WitnessProtectionAct2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Workers’CompensationandRehabilitationAct2003 . . . . . . . . . 170 170 170 172 172 173 173 173 174 176 Page 10 2014 Act No. 21

Queensland Crime and Misconduct and Other Legislation Amendment Act 2014 Act No. 21 of 2014 An Act to amend the Crime and Misconduct Act 2001, the Public Service Act2008 and the Public Service Regulation 2008 for particular purposes, and to make minor and consequential amendments to the legislation mentioned in schedule 2 [Assented to 21 May 2014]

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Crime and Misconduct and Other Legislation Amendment Act 2014 . 2 Commencement (1) Section 80 is taken to have commenced on the day the Bill for this Act was introduced into the Legislative Assembly. (2) This Act, other than section 80, commences on a day to be fixed by proclamation. Part 2 Amendment of Crime and Misconduct Act 2001 3 Act amended This part amends the Crime and Misconduct Act 2001. Note — See also the amendments in schedule 1. 4 Amendment of long title Long title, ‘Misconduct’— omit, insert — Corruption Page 12 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 5] 5 Amendment of s 1 (Short title) Section 1, ‘Misconduct’— omit, insert — Corruption 6 Amendment of s 4 (Act’s purposes) Section 4(1)(b)— omit, insert— (b) to reduce the incidence of corruption in the public sector. 7 Amendment of s 5 (How Act’s purposes are to be achieved) (1) Section 5(1), ‘Misconduct’— omit, insert — Corruption (2) Section 5(2), after ‘major crime’— insert — and criminal organisations and their participants (3) Section 5(3)— omit, insert — (3) Also, the commission is to investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct. 8 Omission of s 13 (Notes in text) Section 13— omit. 2014 Act No. 21 Page 13

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 9] 9 Replacement of ch 1, pt 4, div 2, hdg and ss 14 and 15 Chapter 1, part 4, division 2, heading and sections 14 and 15— omit, insert — Division 2 Corrupt conduct 13 Purpose of div 2 This division provides for the meaning of corrupt conduct for this Act. Note — Under section 35(3), the commission, in performing its corruption function, must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration. 14 Definitions for div 2 In this division— appointment means appointment in a unit of public administration. conduct includes— (a) neglect, failure and inaction; and (b) conspiracy to engage in conduct; and (c) attempt to engage in conduct. Page 14 15 Meaning of corrupt conduct (1) Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that— (a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— (i) a unit of public administration; or 2014 Act No. 21

2014 Act No. 21 Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 9] (ii) a person holding an appointment; and (b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— (i) is not honest or is not impartial; or (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and (c) is engaged in for the purpose of providing a benefit to the person or another person or causing a detriment to another person; and (d) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. (2) Without limiting subsection (1), conduct that involves any of the following could be corrupt conduct under subsection (1)— (a) abuse of public office; (b) bribery, including bribery relating to an election; (c) extortion; (d) obtaining or offering a secret commission; (e) fraud; (f) stealing; Page 15

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 10] (g) forgery; (h) perverting the course of justice; (i) an offence relating to an electoral donation; (j) loss of revenue of the State; (k) sedition; (l) homicide, serious assault or assault occasioning bodily harm or grievous bodily harm; (m) obtaining a financial benefit from procuring prostitution or from unlawful prostitution engaged in by another person; (n) illegal drug trafficking; (o) illegal gambling. 10 Amendment of s 23 (Commission’s prevention function) Section 23, ‘and misconduct’— omit. 11 Amendment of s 24 (How commission performs its prevention function) (1) Section 24(a) and (i), ‘and misconduct’— omit . (2) Section 24(c), (e) and (h)— omit . (3) Section 24(d) to (i)— renumber as section 24(c) to (f). 12 Replacement of s 33 (Commission’s misconduct functions) Section 33— Page 16 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 13] omit, insert — 33 Commission’s corruption function The commission has the function (the corruption function ) to ensure a complaint about, or information or matter involving, corruption is dealt with in an appropriate way, having regard to the principles set out in section 34. 13 Amendment of s 34 (Principles for performing misconduct functions) (1) Section 34, ‘misconduct functions’— omit, insert — corruption function (2) Section 34(a), first dot point— omit. (3) Section 34(a), second dot point, ‘misconduct’— omit, insert — corruption (4) Section 34(b)— omit. (5) Section 34(c), ‘prevent and deal with misconduct’— omit, insert — deal with corruption (6) Section 34(d), first dot point— omit, insert— • the commission has an overriding responsibility to promote public confidence in the way corruption within a unit of public administration is dealt with (7) Section 34(d), second dot point, ‘misconduct’— omit, insert — 2014 Act No. 21 Page 17

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 14] corruption (8) Section 34(c) and (d)— renumber as section 34(b) and (c). 14 Amendment of s 35 (How commission performs its misconduct functions) (1) Section 35, ‘misconduct functions’— omit, insert — corruption function (2) Section 35(1)(a), (b) and (f), ‘misconduct’— omit, insert — corruption (3) Section 35(1)(d) and (e), ‘official misconduct’— omit, insert — corrupt conduct (4) Section 35(1)— insert — (i) assessing the appropriateness of systems and procedures adopted by a unit of public administration for dealing with complaints about corruption; (j) providing advice and recommendations to a unit of public administration about dealing with complaints about corruption in an appropriate way. (5) Section 35— insert — (3) In performing its corruption function, the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration. Page 18 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 15] 15 Insertion of new ss 35A and 35B Chapter 2, part 3, division 1— insert — 35A Chief executive officer may issue direction about commission’s corruption function (1) The chief executive officer may issue a direction about how commission officers are to decide whether a complaint involves, or may involve, a more serious case of corrupt conduct or a case of systemic corrupt conduct within a unit of public administration. (2) In issuing a direction under subsection (1), the chief executive officer is subject to the direction and control of the chairman. (3) A commission officer must comply with a direction issued under subsection (1). 35B Publication of information about how commission performs its corruption function (1) The chief executive officer must publish, on a publicly accessible website of the commission, information about the commission’s systems and procedures for dealing with complaints about corruption. (2) The information published on the website must include the following— (a) the standard timeframes adopted by the commission for assessing, investigating and completing its dealing with complaints about corruption; (b) the standard procedures adopted by the commission for assessing and investigating complaints about corruption; 2014 Act No. 21 Page 19

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 16] (c) how the commission monitors the progress of complaints about corruption being dealt with by the commission to ensure they are being dealt with in a timely way; (d) what action the commission takes if the standard timeframes are not met for a complaint about corruption being dealt with by the commission to ensure the complaint is dealt with in a timely way. 16 Amendment of s 36 (Complaining about misconduct) (1) Section 36, ‘misconduct’— omit, insert — corruption (2) Section 36(1)— omit, insert— (1) A person may make a complaint about corruption to the commission for the purpose of the commission dealing with the complaint under section 35. (3) Section 36— insert — (3) A complaint about corruption under subsection (1) must be made by way of statutory declaration unless the commission decides, because of exceptional circumstances, that it need not be made by statutory declaration. Examples of exceptional circumstances — the person making the complaint— • fears retaliation for making the complaint in relation to the person’s employment, property, personal safety or well being • is illiterate, or not literate in English Page 20 2014 Act No. 21

2014 Act No. 21 Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 16] • has a disability or impairment that affects the person’s ability to make the complaint by statutory declaration • has a personal or physical disadvantage that makes it difficult or impossible for the person to make the complaint by statutory declaration • is a child. (4) The commission may only deal with a complaint made under subsection (1) that complies with subsection (3). (5) A person may also give information or matter involving corruption to the commission. Examples of information or matter involving corruption that may be given to the commission — • information given to the commission through a commission activity, including, for example— • evidence given by a witness at a commission hearing • information obtained through telephone interception or a covert operation • evidence gathered through a corruption investigation • a routine departmental audit report • an intelligence report from a law enforcement agency • a Crime Stoppers report • information about a significant police event such as a death in police custody or police shooting • information or matter referred to the commission by a coroner, a court, a commission of inquiry or another investigative body or public inquiry (6) However, subsection (3) does not apply to— (a) information or matter involving corruption given to the commission under subsection (5); or (b) a complaint about corruption made as a disclosure, or a referral of a disclosure, to Page 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 17] the commission under the PublicInterestDisclosure Act 2010 ; or (c) a complaint about, or information or matter involving, corruption given to the commission as a referral, notification or recommendation under another law. 17 Amendment of s 38 (Duty to notify commission of official misconduct) (1) Section 38, ‘official misconduct’— omit, insert — corrupt conduct (2) Section 38(1), after ‘public official’— insert — reasonably 18 Amendment of s 40 (Commission may issue directions about how notifications are to be made) (1) Section 40, heading, ‘how notifications are to be made’— omit, insert— notifications (2) Section 40(1)— omit, insert— (1) The commission may issue directions about the following— (a) the kinds of complaints a public official must notify, or need not notify, the commission of under section 37 or 38; (b) how and when a public official must notify the commission of complaints under section 37 or 38. Page 22 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 19] (3) Section 40(2), from ‘of’— omit, insert— of— (a) the relevant public official; and (b) if the direction relates to the chief executive officer of a department or a public service office within the meaning of the PublicServiceAct2008 —the public service commission. 19 Amendment of s 46 (Dealing with complaints—commission) (1) Section 46(1), ‘misconduct’— omit, insert— corruption (2) Section 46(2)(a) to (c), ‘official misconduct’— omit, insert— corrupt conduct (3) Section 46(2)(g)(i)— insert— (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or (4) Section 46(2)(g)(ii)— omit, insert— (ii) dealing with the complaint— (A) would not be in the public interest; or 2014 Act No. 21 Page 23

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 20] (B) would be an unjustifiable use of resources; or (iii) the subject matter of the complaint— (A) is not within the commission’s functions; or (B) has been dealt with by another entity; (5) Section 46— insert— (2A) For taking action, or action taken, under subsection (2) for a complaint, the commission may require a public official to provide stated information about the complaint in the way and at the times the commission directs. (2B) A public official must comply with a requirement made under subsection (3). (6) Section 46(2A) to (5)— renumber as section 46(3) to (7). 20 Insertion of new ch 2, pt 3, div 4, sdiv 4 Chapter 2, part 3, division 4— insert — Subdivision 4 Miscellaneous provision Page 24 48A Policy about how complaints involving public official are to be dealt with (1) A public official must, in consultation with the chairman, prepare a policy about how the unit of public administration for which the official is responsible will deal with a complaint that involves or may involve corruption of the public official. 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 21] (2) The policy may nominate a person other than the public official to notify the commission of the complaint under section 37 or 38, and to deal with the complaint under subdivision 1 or 2, on behalf of the public official. (3) If the policy includes a nomination as mentioned in subsection (2), this Act applies as if a reference about notifying or dealing with the complaint to the public official were a reference to the nominated person. Example of operation of subsection (3) — If a policy prepared under this section for a unit of public administration includes a nomination as mentioned in subsection (2)— (a)under section 38 as applying under subsection (3), the nominated person must notify the commission of complaints about the relevant public official that the person suspects involve or may involve corrupt conduct; and (b)under section 35(1)(b) as applying under subsection (3), the commission may refer complaints about the relevant public official to the nominated person for the nominated person to deal with; and (c)under section 42 or 44 as applying under subsection (3), the nominated person must deal with complaints about the relevant public official referred to the nominated person by the commission. (4) In this section— complaint includes information or matter. 21 Replacement of s 52 (Research functions) Section 52— omit, insert — 52 Research function (1) The commission has the function to undertake the following research in accordance with a 2014 Act No. 21 Page 25

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 21] research plan approved by the Minister under subsection (2)— (a) research to support the proper performance of its functions; (b) research required to be undertaken by the commission under another Act; (c) research into any other matter referred to the commission by the Minister. (2) As soon as practicable after the end of each financial year, the commission must give the Minister, for the Minister’s approval, a plan (a research plan ) for the research it proposes to undertake in the period comprising— (a) the financial year in which the plan is prepared; and (b) the following 2 financial years. (3) In preparing a research plan, the commission must identify the priorities for the research it proposes to undertake in the period to which the plan relates— (a) having regard to its strategic and business plans and any other relevant matter; and (b) in consultation with units of public administration. (4) The commission may ask the Minister to approve an amendment of an approved research plan to allow research for an emergent issue relevant to any of its functions. (5) The Minister must first consult with the parliamentary committee before approving a research plan or amendment of an approved research plan. Page 26 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 22] 22 Amendment of s 58 (Independence of holders of judicial office) (1) Section 58(2)— omit, insert— (2) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the commission’s authority to conduct the investigation is limited to investigating corrupt conduct of a kind that, if established, would warrant the judicial officer’s removal from office. (2A) However, subsection (2) does not apply to a commission investigation that is, or would be, in relation to conduct of a judicial officer— (a) other than in the judicial officer’s capacity as a judicial officer; and (b) as a member or representative of a decision-making body in a unit of public administration. Examples of decision-making bodies — a governing body, a board of management (2B) To the extent a commission investigation is, or would be, in relation to conduct of a judicial officer, the investigation must be conducted in accordance with appropriate conditions and procedures agreed by the chairman and the Chief Justice from time to time. (2) Section 58(3) and (4), ‘chairperson’— omit, insert— chairman (3) Section 58— insert— (4A) However, the chairman may delegate the chairman’s functions and powers under this 2014 Act No. 21 Page 27

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 23] section, including the functions and powers mentioned in subsection (6), for a commission investigation mentioned in subsection (3) to a senior officer. (4) Section 58(2A) to (5)— renumber as section 58(3) to (8). 23 Amendment of s 130 (Disclosure of information obtained using surveillance warrant) Section 130— insert — (3) In this section— commission officer includes a former commission officer. 24 Amendment of s 146K (Protection from liability) (1) Section 146K(1)(b) and (c)— omit, insert — (b) the chairman; (c) a senior executive officer; (2) Section 146K(5)(c), ‘misconduct’— omit, insert— corruption 24A Amendment of s 146ZQ (Report about authorities for assumed identities etc.) (1) Section 146ZQ(1), ‘parliamentary commissioner’— omit, insert— chairperson of the parliamentary committee (2) Section 146ZQ(3)— Page 28 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 25] omit, insert— (3) The chairperson of the parliamentary committee must table a copy of the report in the Legislative Assembly within 14 sitting days after the chairperson receives the report. 25 Amendment of s 146ZU (Delegation—chairperson) (1) Section 146ZU, heading, ‘chairperson’— omit, insert— chairman (2) Section 146ZU(1), from ‘chairperson’ to ‘assistant commissioner’— omit, insert— chairman may delegate any of the chairman’s powers under this part relating to the following to the chief executive officer or a senior executive officer (3) Section 146ZU(2), from ‘chairperson’ to ‘chairperson’s’— omit, insert— chairman may delegate to an authorised commission officer the chairman’s 26 Amendment of s 178 (Who must conduct hearings) (1) Section 178(1), ‘chairperson’— omit, insert— chairman (2) Section 178(2)— omit, insert— (2) However, if the chairman considers it necessary for the efficient operation of the commission, a public hearing may be conducted by a sessional 2014 Act No. 21 Page 29

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 27] commissioner or senior executive officer as decided by the chairman. (3) Section 178(3)— omit, insert— (3) A closed hearing may be conducted by any of the following as decided by the chairman— (a) the chairman; (b) a sessional commissioner; (c) a senior executive officer; (d) another person qualified for appointment as the chairman. 27 Amendment of s 213 (Secrecy) Section 213(5)— insert — commission officer includes a person who was an assistant commissioner or part-time commissioner under this Act as in force before the commencement of this definition. 28 Amendment of s 216 (Frivolous or vexatious complaint) (1) Section 216, heading, ‘or vexatious’— omit. (2) Section 216(1), from ‘misconduct’— omit, insert— corruption made by the person to the commission will not be investigated or further investigated by the commission because it appears to concern frivolous matter. (3) Section 216(4), ‘and was not given or made vexatiously’— omit. Page 30 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 29] (4) Section 216(5) and (6)— omit, insert— (5) In this section— make , a complaint to the commission, means— (a) make a complaint to the commission under section 36; or (b) make a complaint to another entity that is under an obligation to refer the complaint to the commission; or (c) cause a complaint to be referred to the commission. 29 Insertion of new s 216A After section 216— insert — 216A Other improper complaints (1) A person commits an offence if the person— (a) makes a complaint to the commission— (i) vexatiously; or (ii) not in good faith; or (iii) primarily for a mischievous purpose; or (iv) recklessly or maliciously; or (b) counsels or procures another person to make a complaint to the commission as mentioned in paragraph (a). Maximum penalty—85 penalty units or 1 year’s imprisonment. (2) In this section— make , a complaint to the commission, means— 2014 Act No. 21 Page 31

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 30] (a) make a complaint, or give information or matter, to the commission under section 36; or (b) make a complaint, or give information or matter, to another entity that is under an obligation to refer the complaint, information or matter to the commission; or (c) cause a complaint, or information or matter, to be referred to the commission. 30 Amendment of ch 6, pt 1, hdg (Crime and Misconduct Commission) Chapter 6, part 1, heading, ‘Misconduct’— omit, insert — Corruption 31 Amendment of ch 6, pt 1, div 1, hdg (Establishment of Crime and Misconduct Commission) Chapter 6, part 1, division 1, heading, ‘Misconduct’— omit, insert — Corruption 32 Amendment of s 220 (Establishment) Section 220, ‘Misconduct’— omit, insert — Corruption 33 Amendment of s 221 (Commission has common seal etc.) Section 221(1), ‘Misconduct’— omit, insert — Corruption Page 32 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 34] 34 Replacement of s 223 (Membership of the commission) Section 223— omit, insert — 223 Membership of the commission The commission is to consist of the following commissioners— (a) a full-time commissioner who is the chairman; (b) a part-time commissioner who is the deputy chairman; (c) a full-time commissioner who is the chief executive officer; (d) 2 part-time commissioners who are ordinary commissioners. 35 Amendment of s 224 (Qualifications for appointment as the chairperson) (1) Section 224, heading, ‘as the chairperson’— omit, insert— —chairman and deputy chairman (2) Section 224, ‘chairperson if’— omit, insert— chairman or deputy chairman if 36 Replacement of s 225 (Qualifications for appointment as a part-time commissioner) Section 225— omit, insert — 2014 Act No. 21 Page 33

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 37] 225 Qualifications for appointment—other commissioners (1) A person is qualified for appointment as the chief executive officer if the person has qualifications, experience or standing appropriate to perform the functions of the chief executive officer. (2) A person is qualified for appointment as an ordinary commissioner if the person has qualifications, experience or standing appropriate to assist the commission to perform its functions. 37 Amendment of s 227 (Advertising and nominations for appointment) (1) Section 227, heading, ‘and nominations’— omit. (2) Section 227(1), ‘chairperson’— omit, insert— chairman (3) Section 227(2) to (4)— omit, insert— (2) The Minister must advertise throughout the State for applications from suitably qualified persons to be considered for selection as the deputy chairman, the chief executive officer or an ordinary commissioner. (3) Subsections (1) and (2) do not apply to the reappointment of a person as a commissioner. 38 Replacement of ss 228–230 Sections 228 to 230— omit, insert — Page 34 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 39] 228 Consultation before nominating persons for appointment (1) Before nominating a person for appointment as a commissioner, the Minister must first consult with— (a) the parliamentary committee; and (b) for the appointment of a commissioner other than the chairman—the chairman. (2) The parliamentary committee may veto the person’s nomination by giving the Minister notice within 14 days (the consultation period ) after receiving notice of the Minister’s proposal to nominate the person. (3) The Minister may nominate a person for appointment as a commissioner only if the person’s nomination is not vetoed by the parliamentary committee during the consultation period. 229 Appointment of commissioners (1) Commissioners are to be appointed by the Governor in Council. (2) Commissioners are appointed under this Act and not the Public Service Act 2008. 39 Amendment of s 231 (Duration of appointment) Section 231(2) and (3)— omit, insert — (2) A person appointed as a commissioner may be appointed as a commissioner for a further term or terms as long as— (a) no term of appointment is longer than 5 years; and 2014 Act No. 21 Page 35

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 40] (b) the commissioner does not hold office as a commissioner for more than 10 years in total. (3) Subsection (2)(b) has effect despite the ActsInterpretation Act 1954 , section 25(1)(c). (4) Section 228 applies to the appointment of a commissioner for a further term under this section. 40 Amendment of s 233 (Preservation of rights) Section 233, ‘chairperson’— omit, insert — chairman or chief executive officer 41 Amendment of s 234 (Leave of absence) Section 234(3), definition extended leave — omit, insert — extended leave means— (a) for the chairman or chief executive officer—leave of more than 10 business days; or (b) for the deputy chairman or an ordinary commissioner—leave of more than 20 business days. 42 Amendment of s 236 (Termination of appointment) Section 236(2), from ‘chairperson if’ to ‘chairperson’s’— omit, insert — chairman or chief executive officer if the chairman or chief executive officer engages in paid employment outside the chairman’s or chief executive officer’s Page 36 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 43] 43 Replacement of ss 237 and 237A Sections 237 and 237A— omit, insert — 237 Acting commissioners (1) The Governor in Council may appoint a person qualified for appointment as the chairman, the deputy chairman, the chief executive officer or an ordinary commissioner (the relevant commissioner ) to act as the relevant commissioner— (a) during a vacancy in the relevant commissioner’s office; or (b) during any period, or all periods, when the relevant commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office. (2) Sections 227 and 228 do not apply to the appointment of a person to act as the relevant commissioner. (3) However, before recommending the appointment of a person to act as the relevant commissioner, the Minister must first consult with the chairman. 44 Insertion of new ch 6, pt 1, div 2A Chapter 6, part 1— insert — Division 2A Sessional commissioners 239 Appointment of sessional commissioners The chairman may appoint as many sessional commissioners as are required to help the chairman to perform the commission’s functions or exercise the commission’s powers by— 2014 Act No. 21 Page 37

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 44] (a) conducting a hearing for a crime investigation, corruption investigation or the intelligence function; or (b) examining 1 or more witnesses, and reporting on the examination to the chairman, for a crime investigation, corruption investigation or the intelligence function; or (c) conducting a specific investigation relevant to the commission’s functions. 240 Qualification for appointment as a sessional commissioner A person is qualified for appointment as a sessional commissioner only if the person has served as, or is qualified for appointment as, a judge of— (a) the Supreme Court of Queensland; or (b) the Supreme Court of another State; or (c) the High Court of Australia; or (d) the Federal Court of Australia. 241 Disqualification as a sessional commissioner An ineligible person can not be appointed as, or continue as, a sessional commissioner. 242 Terms of appointment A sessional commissioner is appointed on a sessional basis and holds office for the period, and on the terms and conditions, stated in the commissioner’s instrument of appointment. Page 38 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 45] 243 Resignation A sessional commissioner may resign by signed notice given to the chairman. 45 Amendment of ch 6, pt 1, div 3, hdg (Assistant commissioners and senior officers) Chapter 6, part 1, division 3, heading, from ‘Assistant’ to ‘senior’— omit, insert — Senior 46 Omission of ss 239–244 Sections 239 to 244— omit. 47 Amendment of s 245 (Senior officers) Section 245— insert— (3) The commission must employ— (a) a senior officer who is responsible to the chairman for the proper performance of the commission’s crime functions (the senior executive officer (crime) ); and (b) a senior officer who is responsible to the chairman for the proper performance of the commission’s corruption function (the senior executive officer (corruption) ). (4) In the performance of the commission’s functions or exercise of the commission’s powers, senior officers are subject to the direction and control of the chairman. (5) In this section— 2014 Act No. 21 Page 39

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 48] senior officer means a person who, in the chief executive officer’s opinion, is performing duties that would, if the person were a public service officer, be duties of a senior executive. 48 Amendment of s 247 (Duration of appointment) (1) Section 247(1), ‘An assistant commissioner or senior’— omit, insert— A senior (2) Section 247(2) and (3), ‘an assistant commissioner or senior’— omit, insert— a senior (3) Section 247(3), example, from ‘The person is appointed’— omit, insert— The person may be reappointed as a senior officer for a further term of 3 years. However, the person must not continue in, or be reappointed to, the office at the end of that 3-year term, unless the reappointment is made under subsection (3A). (4) Section 247(3A), from ‘An assistant’ to ‘10 years’— omit, insert— A senior officer who has held office in the commission as a senior officer for 10 years (5) Section 247(3A)(b), ‘an assistant commissioner or senior’— omit, insert— a senior (6) Section 247(3A), example— omit, insert— Example — A person has held office in the commission for 10 years as a senior officer. At the end of 10-year period, the Page 40 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 49] person may be reappointed as a senior officer for a further term of not more than 5 years . (7) Section 247(3B), ‘either an assistant commissioner or senior’— omit, insert— a senior (8) Section 247— insert— (3C) For subsections (3) to (3B), any time a person held office in the commission as an assistant commissioner under this Act before the commencement of this subsection is taken to be time held by the person in office in the commission as a senior officer. (9) Section 247(4), ‘to (3B)’— omit, insert— to (3C) (10) Section 247(5), definition senior officer , ‘misconduct’— omit, insert— corruption 49 Amendment of s 247A (Notice to parliamentary committee) Section 247A(1), ‘chairperson’— omit, insert — chief executive officer 50 Amendment of s 248 (Basis of employment for assistant commissioners or senior officers) (1) Section 248, heading, ‘assistant commissioners or’— omit . 2014 Act No. 21 Page 41

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 51] (2) Section 248(1), ‘an assistant commissioner or’— omit, insert — a (3) Section 248(4)(c), (e) and (f), ‘chairperson’— omit, insert — chief executive officer 51 Omission of s 250 (Acting assistant commissioner) Section 250— omit. 52 Replacement of ch 6, pt 1, div 4 (Roles of chairperson and assistant commissioners) Chapter 6, part 1, division 4— omit, insert— Division 4 Roles of commission, chairman and chief executive officer Page 42 251 Role of commission (1) The commission is responsible for providing strategic leadership and direction for the performance of the commission’s functions, and the exercise of the commission’s powers, by the chairman, chief executive officer and commission staff. (2) The commission is also responsible for— (a) the preparation of the commission’s strategic and business plans; and (b) the establishment of internal management committees and their charters; and 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 52] (c) the preparation of the internal audit charter prepared for the FinancialAccountabilityAct 2009 . (3) If asked by the chairman, the commission may help the chairman in the performance of the commission’s functions or exercise of the commission’s powers delegated to the chairman under section 269. 252 Role of chairman (1) The chairman— (a) is the chair of the commission; and (b) is responsible for the proper performance of the commission’s functions delegated to the chairman under section 269. (2) The chairman is to— (a) perform the functions, and exercise the powers, of the commission delegated to the chairman under section 269; and (b) perform the other functions, and exercise the other powers, conferred on the chairman under this Act or another Act. (3) The chairman is to report to the commission on the performance of the commission’s functions, but is not subject to the direction of the commission in the performance of a function or exercise of a power in an investigation, hearing, operation or other proceeding under this Act or another Act. (4) Anything done in the commission’s name by the chairman or the chairman’s delegate is taken to have been done by the commission. 2014 Act No. 21 Page 43

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 52] 253 Role of chief executive officer (1) The chief executive officer is responsible to the commission for the administration of the commission. (2) The chief executive officer is to— (a) perform the functions, and exercise the powers, of the commission delegated to the chief executive officer under section 269; and (b) perform the functions and exercise the powers delegated to the chief executive officer by the chairman; and (c) perform the other functions, and exercise the other powers, conferred on the chief executive officer under this Act. (3) In performing a function or exercising a power under this Act, the chief executive officer is subject to the direction of— (a) for a function or power delegated to the chief executive officer by the chairman—the chairman; or (b) otherwise—the commission. (4) The chief executive is to report to the commission on— (a) all matters relating to the administration of the commission; and (b) the performance of the functions and exercise of the powers mentioned in subsection (2)(a) and (c). (5) Anything done in the commission’s name by the chief executive officer or chief executive officer’s delegate is taken to have been done by the commission. Page 44 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 53] 53 Amendment of s 254 (Commission staff) (1) Section 254(4), ‘in consultation with the Minister’— omit . (2) Section 254(6), ‘chairperson’— omit, insert— chief executive officer 54 Amendment of s 255 (Secondment of officers) (1) Section 255(1), (3) and (4), ‘chairperson’— omit, insert — chief executive officer (2) Section 255(5), example, ‘misconduct’— omit, insert — corruption 55 Amendment of s 259 (Budget and performance) (1) Section 259(1), ‘develop,’— omit . (2) Section 259— insert — (1A) The chief executive officer is responsible for developing the budget for the commission. (3) Section 259(1A) to (5)— renumber as section 259(2) to (6). 56 Replacement of s 262 (Assistant commissioners to attend meetings) Section 262— omit, insert— 2014 Act No. 21 Page 45

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 57] 262 Senior executive officer may attend meetings A senior executive officer may attend commission meetings, but is not entitled to vote at a meeting. 57 Amendment of s 265 (Presiding at meetings) (1) Section 265(1), ‘chairperson’— omit, insert — chairman (2) Section 265(2)— omit, insert — (2) If the chairman is absent from a commission meeting, the deputy chairman is to preside at the meeting. (3) If both the chairman and deputy chairman are absent from a commission meeting, the commissioner chosen by the commissioners present is to preside at the meeting. 58 Replacement of s 269 (Delegation—commission) Section 269— omit, insert— 269 Delegation—commission (1) The commission’s functions and powers under this Act or another Act, other than the commission’s functions under sections 234, 251(1) and (2) and 259, are delegated to— (a) for a function or power under sections 40, 245, 254, 256, 258, 260 and 346B, the commission’s financial accountability functions and the commission’s public record powers—the chief executive officer; or Page 46 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 58] (b) otherwise—the chairman. (2) However, in issuing a direction under section 40, the chief executive officer is subject to the direction and control of the chairman. (3) The chief executive officer may sub-delegate a function or power of the commission delegated to the chief executive officer under subsection (1) to an appropriately qualified commission officer. (4) However— (a) the commission’s powers under section 254 in relation to the appointment of a person at a level equivalent to or above the level of a senior officer can not be sub-delegated by the chief executive officer; and (b) the commission’s functions and powers under section 346B, and the commission’s public record powers, may only be sub-delegated to a senior executive officer; and (c) the commission’s financial accountability functions can not be sub-delegated by the chief executive officer. (5) The chairman may sub-delegate a function or power of the commission delegated to the chairman under subsection (1) to an appropriately qualified commission officer. (6) However, the commission’s powers under the provisions mentioned in column 1 of the following table may only be sub-delegated to the commission officer or officers mentioned in column 2 of the table— Provision section 50 (Commission may prosecute corrupt conduct) Commission officer senior executive officer 2014 Act No. 21 Page 47

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 59] Provision section 60 (Commission may give evidence or information to other entities) section 62 (Restriction on access) section 257(2) (Commission officers) Commission officer chief executive officer or senior executive officer chief executive officer or senior executive officer chief executive officer (7) In this section— commission’s financial accountability functions means the commission’s functions under the Financial Accountability Act 2009 . commission’s public record powers means the commission’s powers under the PublicRecordsAct 2002 as the responsible public authority for a public record. Note — For an example of the commission’s public record powers, see the Public Records Act 2002 , section 19 . 59 Amendment of s 270 (Delegation—chairperson) (1) Section 270, heading and subsection (1), ‘chairperson’— omit, insert— chairman (2) Section 270(1), ‘chairperson’s’— omit, insert— chairman’s (3) Section 270(2) and (3)— omit, insert— (2) However— Page 48 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 60] (a) the chairman’s powers under section 55F or 82(7) may only be delegated to the senior executive officer (crime); and (b) the chairman’s powers under section 272 may only be delegated to a senior executive officer. 60 Replacement of s 271 (Delegation—assistant commissioner) Section 271— omit, insert— 271 Delegation—chief executive officer and senior executive officer The chief executive officer or a senior executive officer may delegate the officer’s powers under this Act to an appropriately qualified commission officer. 61 Amendment of s 273 (Commission officer’s identity card) Section 273(1) and (3), ‘chairperson’— omit, insert — chief executive officer 62 Insertion of new ch 6, pt 1, divs 9 and 10 Chapter 6, part 1— insert — 2014 Act No. 21 Page 49

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] Division 9 Disciplinary action for senior officers and commission staff and agents etc. 273A Definitions for div 9 In this division— disciplinary action see section 273C(1). disciplinary finding means a finding that a disciplinary ground exists. disciplinary ground means a ground for disciplining a relevant commission officer or former relevant commission officer under section 273B. employment , in relation to a person, includes secondment and engagement. former relevant commission officer see section 273D(1)(a). relevant commission officer means— (a) a senior officer; or (b) a person employed under section 254 or seconded under section 255; or (c) a person engaged under section 256. 273B Grounds for discipline (1) The chief executive officer may discipline a relevant commission officer if the chief executive officer is reasonably satisfied the officer has— (a) performed the officer’s duties carelessly, incompetently or inefficiently; or (b) been guilty of misconduct; or Page 50 2014 Act No. 21

2014 Act No. 21 Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (c) been absent from duty without approved leave and without reasonable excuse; or (d) contravened, without reasonable excuse, a direction given to the officer by a responsible person; or (e) used, without reasonable excuse, a substance to an extent that has adversely affected the competent performance of the officer’s duties; or (f) contravened, without reasonable excuse, a requirement of the chief executive officer under section 273G(1) in relation to the officer’s employment by, in response to the requirement— (i) failing to disclose a serious disciplinary action; or (ii) giving false or misleading information; or (g) contravened, without reasonable excuse— (i) a provision of this Act; or (ii) a standard of conduct applying to the officer under an approved code of conduct under the Public Sector EthicsAct 1994 ; or (iii) a standard of conduct, if any, applying to the officer under an approved standard of practice under the PublicSector Ethics Act 1994 . (2) Also, the chief executive officer may discipline a former relevant commission officer under section 273D on the same grounds mentioned in subsection (1). (3) A disciplinary ground arises when the act or omission constituting the ground is done or made. Page 51

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (4) In this section— misconduct means— (a) inappropriate or improper conduct in an official capacity; or (b) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the commission. Example of misconduct — victimising another commission officer in the course of the other officer’s employment or engagement with the commission responsible person , for a direction, means a person with authority to give the direction, whether the authority derives from this Act or otherwise. 273C Disciplinary action that may be taken against a relevant commission officer (1) In disciplining a relevant commission officer, the chief executive officer may take the action, or order the action be taken, ( disciplinary action ) that the chief executive officer considers reasonable in the circumstances. Examples of disciplinary action — • termination of employment • reduction of classification level and a consequential change of duties • transfer or redeployment to another unit of the commission • forfeiture or deferment of a remuneration increment or increase • reduction of remuneration • imposition of a monetary penalty Page 52 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] • if a penalty is imposed, a direction that the amount of the penalty be deducted from the officer’s periodic remuneration payments • a reprimand • counselling (2) A monetary penalty can not be more than the total of 2 of the relevant commission officer’s periodic remuneration payments. (3) Also, an amount directed to be deducted from any particular periodic remuneration payment of the relevant commission officer— (a) must not be more than half of the amount payable to or for the officer in relation to the payment; and (b) must not reduce the amount of salary payable to the officer in relation to the period to less than— (i) if the officer has a dependant—the guaranteed minimum wage for each week of the period; or (ii) otherwise—two-thirds of the guaranteed minimum wage for each week of the period. (4) An order under subsection (1) is binding on anyone affected by it. 273D Disciplinary action that may be taken against a former relevant commission officer (1) This section applies if— (a) a disciplinary ground arises in relation to a relevant commission officer (the former relevant commission officer ); and 2014 Act No. 21 Page 53

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] Page 54 (b) after the disciplinary ground arises, the officer’s employment as a relevant commission officer ends for any reason. (2) The chief executive officer may make a disciplinary finding, or take disciplinary action under this section, against the former relevant commission officer in relation to the disciplinary ground. (3) The disciplinary finding or disciplinary action must be made or taken within a period of 2 years after the end of the relevant commission officer’s employment. (4) For subsections (2) and (3), the chief executive officer takes disciplinary action against a former relevant commission officer by making a disciplinary declaration against the officer. (5) The chief executive officer may only make a disciplinary declaration if the disciplinary action that would have been taken against the former relevant commission officer if the officer’s employment had not ended would have been— (a) dismissal; or (b) reduction of classification level. (6) The making of the disciplinary declaration does not affect the way in which the relevant commission officer’s employment ended, or any benefits, rights or liabilities arising because the employment ended. (7) In this section— disciplinary declaration means a declaration of— (a) the disciplinary finding against the former relevant commission officer; and (b) the disciplinary action that would have been taken against the relevant commission 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] officer if the officer’s employment had not ended. 273E Suspension of relevant commission officer liable to disciplinary action (1) The chief executive officer may suspend a relevant commission officer from duty if the chief executive officer reasonably believes the officer is liable to disciplinary action under this Act. (2) However, before suspending the relevant commission officer, the chief executive officer must consider all alternative duties that may be available for the officer to perform. (3) During the period of the suspension the relevant commission officer is entitled to normal remuneration, less any amount earned by the officer from alternative employment that the officer engages in during the period. (4) For subsection (3), alternative employment does not include employment of the relevant commission officer if— (a) the officer was engaged in the employment at the time of the suspension; and (b) the officer’s engaging in the employment was not in contravention of this Act or an obligation imposed on the officer under a code of conduct approved under the PublicSector Ethics Act 1994 . (5) The deduction under subsection (3) must not be more than the amount of the relevant commission officer’s normal remuneration during the period of the suspension. (6) The continuity of the relevant commission officer’s service as a relevant commission officer 2014 Act No. 21 Page 55

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] is taken not to have been broken only because of the suspension. (7) The chief executive officer may cancel the suspension at any time. 273F Procedure for disciplinary action (1) In disciplining a relevant commission officer or former relevant commission officer or suspending a relevant commission officer, the chief executive officer must comply with this Act and the principles of natural justice. (2) However, natural justice is not required if the suspension is on normal remuneration. (3) If the chief executive officer decides to suspend or terminate the employment of a relevant commission officer, the chief executive officer must give the officer notice of the suspension or termination. (4) The notice must state— (a) for a suspension— (i) when the suspension starts and ends; and (ii) the remuneration to which the relevant commission officer is entitled for the period of the suspension under section 273E; and (b) for a termination—the day when it takes effect. Page 56 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] Division 10 Additional provision about senior officers and commission staff and agents 273G Requirement to disclose previous history of serious disciplinary action (1) If the chief executive officer proposes to employ a person as a relevant commission officer, the chief executive officer may require the person to disclose to the chief executive officer particulars of any serious disciplinary action taken against the person. (2) The person must comply with the requirement before the employment takes effect and within the time and in the way stated by the chief executive officer. (3) The chief executive officer may have regard to information disclosed by the person under this section in deciding whether to employ a person as a relevant commission officer. (4) The chief executive officer is not required to further consider the person for employment as a relevant commission officer if the person— (a) fails to comply with the requirement; or (b) gives false or misleading information in response to the requirement. (5) In this section— disciplinary action , for a person, means any action of a disciplinary nature taken against the person under this Act or a public sector disciplinary law. disciplinary declaration means— 2014 Act No. 21 Page 57

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 62] (a) a disciplinary declaration under section 273D; or (b) a disciplinary declaration within the meaning of the PublicServiceAct2008 , schedule 4, definition disciplinary declaration , paragraph (a). employ , in relation to a person, includes second and engage. public sector disciplinary law means a public sector disciplinary law under the Public ServiceAct 2008. relevant commission officer means— (a) a senior officer; or (b) a person employed under section 254 or seconded under section 255; or (c) a person engaged under section 256. serious disciplinary action , in relation to a person, means— (a) disciplinary action taken against the person, involving— (i) termination of employment; or (ii) reduction of classification level or rank; or (iii) transfer or redeployment to other employment; or (iv) reduction of remuneration level; or (b) a disciplinary declaration that states a disciplinary action mentioned in paragraph (a)(i) or (ii) as the disciplinary action that would have been taken against the person if the person’s employment had not ended. Page 58 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 63] 63 Amendment of s 278 (Membership of reference committee) (1) Section 278(1)(a) and (b)— omit, insert — (a) the senior executive officer (crime), who is the chairperson of the reference committee; (b) the chairman of the commission; (2) Section 278(1)(ea) and (1B), ‘assistant commissioner, misconduct’— omit, insert — senior executive officer (corruption) (3) Section 278(1B), ‘misconduct.’— omit, insert — corruption. (4) Section 278(4)— omit. 64 Amendment of s 279 (Deputy committee member) Section 279(1)— omit, insert — (1) The chairman of the commission may appoint as the chairman’s deputy for a reference committee meeting another commissioner or the senior executive officer (corruption) ( deputy committee member ). 65 Amendment of ch 6, pt 3, hdg (Parliamentary Crime and Misconduct Committee) Chapter 6, part 3, heading, ‘Misconduct’— omit, insert — 2014 Act No. 21 Page 59

Crime and Misconduct and Other Legislation Amendment Act 2014 Part 2 Amendment of Crime and Misconduct Act 2001 [s 66] Corruption 66 Amendment of s 291 (Establishment of parliamentary committee) Section 291, ‘Misconduct’— omit, insert — Corruption 67 Amendment of s 292 (Functions) (1) Section 292(f), from ‘at a time’ to ‘members and’— omit, insert — by 30 June 2016, and by the end of each 5-year period following that day, and, for each review, (2) Section 292(g)— renumber as section 292(h). (3) Section 292— insert — (g) to periodically review the structure of the commission, including the relationship between the types of commissioners and the roles, functions and powers of the commission, the chairman and the chief executive officer, and, for each review, to table in the Legislative Assembly a report about the review, including any recommendations about changes to the Act. 68 Amendment of s 295 (Referral of concerns by parliamentary committee) Section 295(1)(b)— omit, insert— Page 60 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Gaming Machine Regulation 2002 1 Schedule 1, entry for Crime and Misconduct Commission, Queensland— omit, insert— Crime and Corruption Commission, Queensland Government Owned Corporations Act 1993 1 Particular references to Crime and Misconduct Act 2001 Each of the following provisions is amended by omitting ‘ Crime and Misconduct Act 2001 ’ and inserting ‘ Crime and Corruption Act 2001 ’— • section 156(5) • section 156(6) • section 156(8), definition unit of public administration • schedule 4, section 156(5) • schedule 4, section 156(6) • schedule 4, section 156(8), definition unit of public administration 2 References to official misconduct under the Crime andMisconduct Act 2001 Each of the following provisions is amended by omitting ‘official misconduct under the CrimeandMisconductAct2001 ’ and inserting ‘corrupt conduct under the CrimeandCorruptionAct2001 ’— • section 156(1) • section 156(3)(a) • schedule 4, section 156(1) 2014 Act No. 21 Page 135

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • schedule 4, section 156(3)(a) 3 Section 156, heading and schedule 4, section 156, heading, ‘Crime and Misconduct Act’— omit, insert— Crime and Corruption Act 4 Section 156(2) and (4) and schedule 4, section 156(2) and (4), ‘CMC of the complaint under the Crime andMisconduct Act 2001 ’— omit, insert— CCC of the complaint under the Crime and Corruption Act 2001 5 Section 156(3)(b) and schedule 4, section 156(3)(b), ‘CMC’— omit, insert— CCC 6 Section 156(8) and schedule 4, section 156(8), definition CMC — omit. 7 Section 156(8) and schedule 4, section 156(8)— insert— CCC means the Crime and Corruption Commission. Page 136 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Health Ombudsman Act 2013 1 Section 30(e)— omit, insert— (e) the Crime and Corruption Commission; Health Quality and Complaints Commission Act 2006 1 Section 17(b)(iii), ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 2 Section 171(1)(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Hospital and Health Boards Act 2011 1 Sections 21(1)(c) and 53Y(1), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 2014 Act No. 21 Page 137

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Information Privacy Act 2009 1 Section 29(1)(b), ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 2 Section 29(2), definition intelligence functions and schedule 1, section 1(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 3 Schedule 1, section 3(b), ‘misconduct, under the Crimeand Misconduct Act 2001 ’— omit , insert — corruption, under the Crime and Corruption Act 2001 4 Schedule 5, definition law enforcement agency , paragraph (b)(ii)— omit, insert— (ii) the Crime and Commission; or Corruption Integrity Act 2009 1 Section 80(7)(c)— omit, insert— (c) the Crime and Corruption Commission; or Page 138 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Interactive Gambling (Player Protection) Regulation 1998 1 Schedule 1, entry for Crime and Misconduct Commission, Queensland— omit, insert— Crime and Corruption Commission, Queensland Judicial Review Act 1991 1 Schedule 2, section 3, heading— omit , insert — 3 Corruption etc. 2 Schedule 2, section 3(1), ‘misconduct under the Crimeand Misconduct Act 2001 ’— omit, insert— corruption under the Crime and Corruption Act 2001 3 Schedule 2, sections 3(2) and 5, ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 4 Schedule 2, section 4, heading, ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 2014 Act No. 21 Page 139

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 5 Schedule 2, section 4, ‘Crime and Misconduct Commission under the Crime and Misconduct Act2001 ’— omit, insert— Crime and Corruption Commission under the Crime and Corruption Act 2001 6 Schedule 2, section 5, heading, ‘Crime and Misconduct Act 2001’— omit, insert— Crime and Corruption Act 2001 Justices Act 1886 1 Section 39(6), definition public officer , ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission Keno Regulation 2007 1 Schedule 1, entry for Crime and Misconduct Commission, Queensland— omit, insert— Crime and Corruption Commission, Queensland Page 140 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Legal Aid Queensland Act 1997 1 Section 42(3)(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Legal Profession Act 2007 1 Section 706(10), definition appropriate authority , paragraph (b)— omit, insert— (b) the Crime and Corruption Commission; Legal Profession Regulation 2007 1 Section 5(f)— omit, insert— (f) the Crime and Corruption Commission; Local Government Act 2009 1 Section 148H(3) and (4)— omit , insert — (3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime andCorruptionAct to notify the CCC of any 2014 Act No. 21 Page 141

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 complaint, information or matter that the chief executive officer reasonably suspects involves, or may involve, corrupt conduct under that Act. 2 Sections 176(8)(b), ‘Crime and Misconduct Act’— omit, insert— Crime and Corruption Act 3 Section 176B(4)(b), ‘official misconduct’— omit, insert— corrupt conduct under the Crime and Corruption Act 4 Section 176B(5)— omit, insert— (5) This section does not apply to a complaint about corrupt conduct referred to the department’s chief executive by the CCC. 5 Section 176C(5), ‘official misconduct under the Crimeand Misconduct Act’— omit, insert— corrupt conduct under the Crime and Corruption Act 6 Section 180(2)(f) and (5)(i), ‘Crime and Misconduct Commission’— omit, insert— CCC 7 Section 182, heading and subsection (1), ‘CMC Act’— omit , insert — Crime and Corruption Act Page 142 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 8 Section 182(2), from ‘misconduct’ to ‘Act’— omit, insert— corrupt conduct under the Crime and Corruption Act by a councillor, a reference to a public official in the Crime and Corruption Act 9 Schedule 4, definition Crime and Misconduct Act — omit. 10 Schedule 4— insert — CCC means the Crime and Corruption Commission. Crime and Corruption Act means the Crime andCorruption Act 2001 . Local Government Regulation 2012 1 Section 186(f)(v), ‘official misconduct’— omit, insert— corrupt conduct under the Crime and Corruption Act Lotteries Regulation 2007 1 Schedule 1, entry for Crime and Misconduct Commission, Queensland— omit, insert— Crime and Corruption Commission, Queensland 2014 Act No. 21 Page 143

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Magistrates Act 1991 1 Section 53D(5), definition prescribed authority , paragraph (b)— omit, insert— (b) the Crime and Corruption Commission; or Ministerial and Other Office Holder Staff Act 2010 1 Section 31— omit , insert — 31 Application of Crime and Corruption Act 2001 For the CrimeandCorruptionAct2001 , a staff member is taken to hold an appointment in the department. Ombudsman Act 2001 1 Section 7(2) and schedule 3, definition operational action , ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 2 Section 16(2)(c), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Page 144 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 3 Section 50(2), note— omit, insert— Note — The ombudsman must also, under section 38 of the Crime and Corruption Act 2001 , notify the Crime and Corruption Commission of any matters involving, or possibly involving, corrupt conduct under that Act. 4 Section 63A(7)(c)— omit, insert— (c) the Crime and Corruption Commission; or 5 Schedule 3, definition complaints entity , example, second dot point— omit, insert— • the Crime and Corruption Commission Parliament of Queensland Act 2001 1 Section 67(1)(c)— omit, insert— (c) commissioner of the Crime and Corruption Commission; 2 Section 67(1)(o), ‘misconduct’— omit, insert— corruption 2014 Act No. 21 Page 145

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Penalties and Sentences Act 1992 1 Section 161M(3), ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission Police Powers and Responsibilities Act 2000 1 Particular references to Crime and Misconduct Act 2001 Each of the following provisions is amended by omitting ‘ Crime and Misconduct Act 2001 ’ and inserting ‘ Crime and Corruption Act 2001 ’— • section 230(2) • section 266(3) • section 313(3) • section 328(3)(d) • section 330(2)(e) • schedule 1, entry for Crime and Misconduct Act 2001 • schedule 6, definition authorised commission officer • schedule 6, definition commission officer • schedule 6, definition major crime • schedule 6, definition parliamentary commissioner 2 Particular references to chairperson Each of the following provisions is amended by omitting ‘chairperson’ and inserting ‘chairman’— • section 241(2) • section 241(3) Page 146 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • section 250(1)(b) • section 250(2) • section 250(3) 3 Particular references to CMC Each of the following provisions is amended by omitting ‘CMC’ and inserting ‘CCC’— • section 49(1) • section 49(4) • section 49(5) • section 229, definition inspection entity , paragraph (b) • section 229, definition law enforcement participant , paragraph (b) • section 229, definition report entity , paragraph (b) • section 241, heading • section 250, heading • section 263(1) • section 269(2)(b) • section 283(4)(b) • section 314(4), definition report entity , paragraph (b) • section 316(2) • section 316(3) • section 322, definition inspection entity , paragraph (b) • section 322, definition senior officer , paragraph (b) • section 358(4)(b) • section 361(1) • section 607(1) • section 607(3) • section 607(4) 2014 Act No. 21 Page 147

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • section 660(1) • section 660(2) • section 664(1) • section 678(1) • section 681(1) • section 740(5)(c) • section 789(1) • section 789(4) • section 789(5) • section 808(1) • section 808(3) • section 808(4) • schedule 6, definition law enforcement agency • schedule 6, definition law enforcement officer 4 Particular references to CMC chairperson Each of the following provisions is amended by omitting ‘CMC chairperson’ and inserting ‘CCC chairman’— • section 250(1)(a) • section 275, heading • section 275(2) • section 319, heading • section 673(1)(c) • section 673(2) • section 674(a) 5 Section 7(2), example 3, from ‘official’— omit, insert— Page 148 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 corrupt conduct under the Crime and Corruption Act2001. 6 Section 49(3), ‘CMC for the Crime and Misconduct Act2001 ’— omit, insert— CCC for the Crime and Corruption Act 2001 7 Section 230(5)— omit, insert— (5) A function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act. 8 Section 232(2)(c)— omit, insert— (c) the CCC chairman or the chairman’s nominee. 9 Section 241(1), from ‘CMC chairperson’ to ‘CMC’— omit, insert— CCC chairman for authority to conduct a controlled operation if a person to be investigated by the CCC 10 Section 272(4)— omit, insert— (4) This section does not limit the parliamentary commissioner’s powers under CrimeandCorruption Act 2001 , chapter 6, part 4, division 4 in relation to the functions of the CCC. 2014 Act No. 21 Page 149

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 11 Section 275(1), from ‘CMC chairperson’ to ‘chairperson’s’— omit, insert— CCC chairman may delegate any of the chairman’s 12 Section 275(1), ‘CMC assistant commissioner’— omit, insert— CCC senior executive officer 13 Section 281(1)— omit, insert— (1) A function conferred in relation to the activities of the CCC under this chapter is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act 2001 relating to major crime as defined under that Act. 14 Section 319(1), from ‘CMC chairperson’ to ‘commissioner’— omit, insert— CCC chairman may delegate any of the chairman’s powers under this chapter relating to the following to a CCC senior executive officer 15 Section 319(2), from ‘CMC chairperson’ to ‘chairperson’s’— omit, insert— CCC chairman may delegate to an authorised commission officer the chairman’s 16 Section 325(3)— omit, insert— Page 150 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 (3) A function conferred under this chapter in relation to the activities of the CCC is only conferred for the purpose of a function conferred on the CCC under the Crime and Corruption Act2001 relating to major crime as defined under that Act. 17 Section 362(4)— omit, insert— (4) For applying this section to the parliamentary commissioner as inspection entity for the CCC, this section does not limit the parliamentary commissioner’s powers under the CrimeandCorruption Act 2001 , chapter 6, part 4, division 4. 18 Section 607(2)— omit, insert— (2) The conduct of the review and the preparation of the report is a function of the CCC for the Crimeand Corruption Act 2001 . 19 Sections 672(2)(a) and 680(2)(a), ‘CMC—CMC’s’— omit, insert— CCC—CCC’s 20 Section 674, heading, ‘CMC’s’— omit, insert— CCC’s 21 Section 674, ‘CMC is’— omit, insert— CCC is 2014 Act No. 21 Page 151

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 22 Section 675(2)(a), ‘official misconduct, misconduct’— omit, insert— corruption 23 Section 675— insert— (4) In this section— corruption see the CrimeandCorruptionAct2001 , schedule 2. 24 Section 678(3), second example— omit, insert— Example for subsection (3)(c)(ii) — The CCC chairman may keep the register in a way that prevents police officers, other than those seconded to the CCC, inspecting the register. 25 Section 742(2A)— omit, insert— (2A) If a report under subsection (2) includes a report on noncompliance involving police officers who are also commission officers under the Crime andCorruption Act 2001 , the monitor must also give a copy of the report to— (a) the CCC; and (b) the Parliamentary Crime and Corruption Committee of the Legislative Assembly. 26 Section 743(2)(d), ‘crime and misconduct commission’— omit, insert— CCC Page 152 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 27 Section 789(3), from ‘CMC’— omit, insert— CCC for the Crime and Corruption Act 2001. 28 Section 803(4), definition proceeding , paragraphs (a) and (b)— omit, insert— (a) a hearing under the CrimeandCorruptionAct 2001 ; or (b) another proceeding of the CCC in which a police officer is being examined; or 29 Section 808(2), from ‘CMC’— omit, insert— CCC for the Crime and Corruption Act 2001. 30 Schedule 4, ‘Crime and Misconduct Act 2001’— omit, insert— Crime and Corruption Act 2001 31 Schedule 6, definitions CMC and CMC assistant commissioner — omit. 32 Schedule 6— insert — CCC means the Crime and Corruption Commission. CCC senior executive officer means a senior executive officer under the Crime and CorruptionAct 2001 . 2014 Act No. 21 Page 153

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 33 Schedule 6, definition chief executive officer , paragraph (a)— omit, insert— (a) for the CCC—the CCC chairman; or 34 Schedule 6, definition parliamentary committee , ‘Misconduct’— omit, insert— Corruption Police Powers and Responsibilities Regulation 2012 1 Schedule 6, item 4— omit, insert— 4 The CCC Police Service Administration Act 1990 1 Particular references to chairperson of the Crime and Misconduct Commission Each of the following provisions is amended by omitting ‘chairperson of the Crime and Misconduct Commission’ and inserting ‘chairman of the Crime and Corruption Commission’— • section 4.2(1) • section 4.3(1)(a) • section 4.3(2) • section 4.5(4)(a) • section 4.7(2) Page 154 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • section 5AA.13(5) • section 7.2(2)(c) • section 9.2A(2) 2 Particular references to official misconduct Each of the following provisions is amended by omitting ‘official misconduct’ and inserting ‘corrupt conduct’— • section 1.4, definition disciplinary action • section 4.5(3)(c) • section 4.5(5) • section 6.1(1)(a)(i) 3 Particular references to Crime and Misconduct Act 2001 Each of the following provisions is amended by omitting ‘ Crime and Misconduct Act 2001 ’ and inserting ‘ Crime and Corruption Act 2001 ’— • section 4.7(1)(c) • section 5A.2, definition operative , paragraph (b) • section 9.1 • section 9.2A(3)(b) 4 Section 1.4, definition official misconduct — omit. 5 Section 1.4— insert— corrupt conduct see the CrimeandCorruptionAct 2001 , section 15. 2014 Act No. 21 Page 155

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 6 Section 4.7(3), ‘chairperson’, first and second mention— omit, insert— chairman 7 Section 4.7(3), ‘Misconduct’— omit, insert— Corruption 8 Section 4.7(4), ‘Misconduct’— omit, insert— Corruption 9 Section 5AA.13(6)(b) and (c), ‘chairperson’— omit, insert— chairman 10 Section 5AA.13(6)(d), from ‘chairperson’— omit, insert— chairman may hold under the CrimeandCorruptionAct 2001 . 11 Section 5AA.13(7), ‘chairperson’s’— omit, insert— chairman’s 12 Sections 7.4(2A), 7A.5 and 9.2A(2)(a) and schedule, ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission Page 156 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 13 Section 7A.1(6)(b), from ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act2001 . Police Service Administration Regulation 1990 1 Section 1.2, definition Crime and Misconduct Commission— omit. 2 Section 4.5(2) and (5)(a), ‘chairperson of the Crime and Misconduct Commission’— omit, insert— chairman of the Crime and Corruption Commission 3 Section 4.5(3) to (5), ‘chairperson’— omit, insert— chairman 4 Section 4.5(5)(b), ‘official misconduct’— omit, insert— corrupt conduct 5 Section 7C.2(d)— omit, insert— (d) Crime and Corruption Commission. 2014 Act No. 21 Page 157

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 6 Section 7C.4(f)— omit, insert— (f) Crime and Corruption Commission; Police Service Administration (Review of Decisions) Regulation 1990 1 Section 5(1), ‘chairperson of the Crime and Misconduct Commission’— omit, insert— chairman of the Crime and Corruption Commission 2 Sections 7 and 15, ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission Police Service (Discipline) Regulations 1990 1 Section 13(g), ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission Page 158 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Prostitution Act 1999 1 Section 102(1)(b)(iii)— omit, insert— (iii) the chairman, or the senior executive officer (crime), of the Crime and Corruption Commission; 2 Section 102(4)— insert— senior executive officer (crime) , of the Crime and Corruption Commission, see the Crime andCorruption Act 2001 , section 245(3)(a). 3 Section 141(1) and (4), ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 4 Section 141(1) and (2), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Prostitution Regulation 2000 1 Section 13B(4), definition complaints agency , paragraph (b)— omit, insert— (b) the Crime and Corruption Commission; 2014 Act No. 21 Page 159

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 2 Schedule 1, entry for Crime and Misconduct Commission— omit, insert— Crime and Corruption Commission Public Health Act 2005 1 Section 312(1)(b)— omit, insert— (b) the Crime and Corruption Commission; Public Interest Disclosure Act 2010 1 Particular references to Crime and Misconduct Commission Each of the following provisions is amended by omitting ‘Crime and Misconduct Commission’ and inserting ‘Crime and Corruption Commission’— • section 16(2)(b) • section 18(1)(c) • section 18(3) • section 19(1)(b) • section 19(2) • section 48(2)(c) • section 49(2)(b) • section 56 • section 63, heading Page 160 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • section 63(2) • schedule 4, definition administrative action , paragraph (b) 2 Sections 13(1)(a)(i), 16(2), 18(1)(b) and 19(1)(a), ‘official misconduct’— omit, insert— corrupt conduct 3 Sections 18(9)(b) and 19(8)(b)— omit, insert— (b) the making of a complaint to the Crime and Corruption Commission under the Crimeand Corruption Act 2001 . 4 Section 32(5)— omit, insert— (5) If a person makes a public interest disclosure to the Crime and Corruption Commission in a complaint of corruption, this section does not impose on the commission any duty that the commission does not already have under the Crime and Corruption Act 2001 . (6) In this section— corruption see the CrimeandCorruptionAct2001 , schedule 2. 5 Section 63(1)(a), from ‘Crime’— omit, insert— Crime and Corruption Commission exercises its functions under the Crime and Corruption Act 2001 ; or 2014 Act No. 21 Page 161

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 6 Section 63(1)(b)— omit, insert— (b) requires the Crime and Corruption Commission to report to the oversight agency about the way the commission exercises its powers under the CrimeandCorruption Act 2001 . 7 Section 67(2), ‘ Crime and Misconduct Act 2001 , the Crime and Misconduct Commission’— omit, insert— CrimeandCorruptionAct2001 , the Crime and Corruption Commission 8 Section 67(2)(b)— omit, insert— (b) the contravention is corrupt conduct by a person holding an appointment in a unit of public administration within the meaning of the Crime and Corruption Act 2001 . 9 Schedule 1, entry for Crime and Misconduct Commission— omit, insert— Crime and Corruption Commission chairman of the commission 10 Schedule 4, definition official misconduct — omit. 11 Schedule 4— insert— Page 162 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 corrupt conduct see the CrimeandCorruptionAct 2001 , section 15. Public Safety Preservation Act 1986 1 Schedule, definition monitor , ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Public Service Act 2008 1 Section 188A(6)(b)— omit, insert— (b) an investigation of a matter for the purpose of notifying the Crime and Corruption Commission of suspected corrupt conduct under the Crime and Corruption Act 2001 . 2 Schedule 4, definition disqualified person , paragraph (a)(iv), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 2014 Act No. 21 Page 163

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Public Service Regulation 2008 1 Section 10(2)(d)— omit, insert— (d) a document about the employee relating to suspected corrupt conduct under the CrimeandCorruptionAct2001 or its investigation; Queensland Civil and Administrative Tribunal Regulation 2009 1 Schedule 1, part 1, entry for Crime and Misconduct Act2001 — omit, insert— Crime and Corruption Act 2001 , section 219G(1) (for any application other than an application by the Crime and Corruption Commission) Queensland Competition Authority Act 1997 1 Section 229(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 2 Section 234(4)(c)— omit, insert— Page 164 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 (c) corrupt conduct under the CrimeandCorruption Act 2001 , section 15. Queensland Independent Remuneration Tribunal Act 2013 1 Section 38, definition committee , paragraph (b)— omit, insert— (b) the Parliamentary Crime and Corruption Committee established under the Crime andCorruption Act 2001 . Queensland Mental Health Commission Act 2013 1 Section 10(1)(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Queensland Rail Transit Authority Act 2013 1 Section 37— omit, insert— 37 Application of Crime and Corruption Act 2001 The Authority is a unit of public administration under the Crime and Corruption Act 2001 . 2014 Act No. 21 Page 165

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Queensland Reconstruction Authority Act 2011 1 Sections 9(1)(a) and 116(d), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Racing Act 2002 1 Sections 9AC(1)(c) and 32D, ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Residential Tenancies and Rooming Accommodation Act 2008 1 Section 485(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 2 Section 500— omit, insert— 500 Application of Crime and Corruption Act 2001 The employing office is a unit of public administration under the Crime and Corruption Act 2001 . Page 166 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Right to Information Act 2009 1 Section 140A(7)(c)— omit, insert— (c) the Crime and Corruption Commission; or 2 Schedule 1, section 3, heading, ‘Crime and Misconduct Act 2001’— omit, insert— Crime and Corruption Act 2001 3 Schedule 1, section 3 and schedule 3, section 10(9), definitions crime function and intelligence functions , ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 4 Schedule 3, section 10(2)(d), from ‘misconduct’— omit, insert— corruption under the Crime and Corruption Act 2001 ; or 5 Schedule 3, section 10(8), from ‘to misconduct’— omit, insert— to corruption or possible corruption under the Crimeand Corruption Act 2001 . 6 Schedule 3, section 10(9), definition misconduct functions — omit. 2014 Act No. 21 Page 167

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 7 Schedule 3, section 10(9)— insert— corruption function see the CrimeandCorruption Act 2001 , section 33. 8 Schedule 3, section 10(9), definition prescribed crime body , paragraph (a)— omit, insert— (a) the Crime and Corruption Commission; or 9 Schedule 3, section 10(9), definition prescribed functions , paragraph (a)— omit, insert— (a) in relation to the Crime and Corruption Commission—the crime function, the intelligence functions and the corruption function; and Rural and Regional Adjustment Act 1994 1 Sections 26(a) and 40(d), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Page 168 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 1 Section 16— omit, insert— 16 Crime and Corruption Act 2001 A distributor-retailer is a unit of public administration under the Crime and Corruption Act 2001 . South-East Queensland Water (Restructuring) Act 2007 1 Section 35— omit, insert— 35 Application of Crime and Corruption Act 2001 The Authority is a unit of public administration under the Crime and Corruption Act 2001 . Statutory Bodies Financial Arrangements Regulation 2007 1 Schedule 3, entry for Crime and Misconduct Act 2001 — omit, insert— Crime and Corruption Act 2001 Crime and Corruption Commission 2014 Act No. 21 Page 169

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Superannuation (State Public Sector) Act 1990 1 Section 2, definition unit of the State public sector , paragraph (c)— omit, insert— (c) the Crime and Corruption Commission; or Superannuation (State Public Sector) Notice 2010 1 Schedule, entry for Crime and Misconduct Commission, column 1— omit, insert— Crime and Corruption Commission Telecommunications Interception Act 2009 1 Long title, ‘Crime and Misconduct Commission’— omit, insert— Crime and Corruption Commission 2 Particular references to Crime and Misconduct Act 2001 Each of the following provisions is amended by omitting ‘ Crime and Misconduct Act 2001 ’ and inserting ‘ Crime and Corruption Act 2001 ’— • section 13(1) • section 32(1) • schedule, definition deputy PIM , paragraph (b) Page 170 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • schedule, definition parliamentary commissioner • schedule, definition public interest monitor , paragraph (b) 3 Particular references to CMC Each of the following provisions is amended by omitting ‘CMC’ and inserting ‘CCC’— • section 5 • section 12(3)(a) • section 24(4)(b) • schedule, definition eligible authority , paragraph (a) • schedule, definition inspecting entity , paragraph (a) 4 Schedule, definition chief officer , paragraph (a), ‘CMC—the chairperson’— omit, insert— CCC—the chairman 5 Schedule, definitions CMC and parliamentary committee — omit. 6 Schedule— insert — CCC means the Crime and Corruption Commission. parliamentary committee means the Parliamentary Crime and Corruption Committee of the Legislative Assembly under the Crime andCorruption Act 2001 . 2014 Act No. 21 Page 171

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 7 Schedule, definition officer , paragraph (a)(i)— omit, insert— (i) for the CCC—a commission officer under the CrimeandCorruptionAct2001 ; or Terrorism (Preventative Detention) Act 2005 1 References to Crime and Misconduct Commission Each of the following provisions is amended by omitting ‘Crime and Misconduct Commission’ and inserting ‘Crime and Corruption Commission’— • section 47(2)(e) • section 48(2)(d) • section 57 • section 64(d)(iii) • section 65(1)(e)(i) • section 81 Transport Operations (Marine Safety) Act 1994 1 Section 151(b)— omit, insert— (b) the Crime and Corruption Commission; Page 172 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Transport Operations (Passenger Transport) Act 1994 1 Section 113H, heading, ‘Crime and Misconduct Act 2001’ omit, insert— Crime and Corruption Act 2001 2 Sections 113H(2) and (3) and 118(3)(d), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 Wagering Regulation 1999 1 Schedule 1, entry for Crime and Misconduct Commission, Queensland— omit, insert— Crime and Corruption Commission, Queensland Water Act 2000 1 Schedule 4, definition unit of public administration — omit. 2014 Act No. 21 Page 173

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 Witness Protection Act 2000 1 Particular references to Crime and Misconduct Act 2001 Each of the following provisions is amended by omitting ‘ Crime and Misconduct Act 2001 ’ and inserting ‘ Crime and Corruption Act 2001 ’— • section 6(3)(g)(ii) • section 35(2) • section 36(2)(c) • section 38(1)(i) • section 38(1)(j) • section 45(b) • schedule 2, definition proceeding , examples, third and fifth dot points 2 Particular references to chairperson Each of the following provisions is amended by omitting ‘chairperson’ and inserting ‘chairman’— • sections 6 to 14 • sections 14A to 14F • section 15(1) • section 16 • sections 20 to 22 • section 25 • sections 28 to 31 • section 32(1) • section 33(2)(b) • section 35 • section 37(1)(e)(ii) and (2)(a) Page 174 2014 Act No. 21

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 • section 38(1)(a), (h) and (3) • sections 40 and 41 • section 43(1)(b) and (2) • section 45(a) • section 46(1) and (2) • section 48(1) and (2) • section 49 • schedule 2, definition witness protection officer 3 Sections 6(1) and 36(2)(b), ‘chairperson’s’— omit, insert— chairman’s 4 Section 43(1)(b)(iii)— omit, insert — (iii) the senior executive officer (crime) under the CrimeandCorruptionAct2001 . 5 Section 45(c)— omit, insert— (c) a senior executive officer under the Crimeand Corruption Act 2001 ; 6 Schedule 2, definitions chairperson and commission — omit. 7 Schedule 2— insert— chairman means chairman of the commission. 2014 Act No. 21 Page 175

Crime and Misconduct and Other Legislation Amendment Act 2014 Schedule 2 commission means the Crime and Corruption Commission. Workers’ Compensation and Rehabilitation Act 2003 1 Section 475(a), ‘ Crime and Misconduct Act 2001 ’— omit, insert— Crime and Corruption Act 2001 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 176 2014 Act No. 21