Queensland: Crime and Corruption Act 2001 (Qld)

Crime and Corruption Act 2001 An Act to provide for the establishment and operation of a Crime and Corruption Commission, and a Parliamentary Crime and Corruption Committee, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Crime and Corruption Act 2001. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable to be prosecuted for an offence. Part 2 Purpose 4 Act's purposes (1) The main purposes of this Act are— (a) to combat and reduce the incidence of major crime; and (b) to continuously improve the integrity of, and to reduce the incidence of corruption in, the public sector. (2) The Act also has as the purpose to facilitate the commission's involvement in a confiscation related investigation. 5 How Act's purposes are to be achieved (1) The Act's purposes are to be achieved primarily by establishing a permanent commission to be called the Crime and Corruption Commission. (2) The commission is to have investigative powers, not ordinarily available to the police service, that will enable the commission to effectively investigate major crime and criminal organisations and their participants. (3) Also, the commission is to— (a) investigate cases of corrupt conduct, particularly more serious cases of corrupt conduct; and (b) help units of public administration to deal effectively and appropriately with corruption by increasing their capacity to do so. (4) Further, the commission has particular powers for confiscation related investigations for supporting its role under the Confiscation Act. Part 3 Overview 6 Purpose of pt 3 The purpose of this part is to briefly outline the responsibilities of relevant entities under this Act. 7 Crime and Corruption Commission The Crime and Corruption Commission has primary responsibility for the achievement of the Act's purposes. 8 Crime Reference Committee The Crime Reference Committee— (a) has responsibility for— (i) referring major crime to the commission for investigation; and (ii) authorising the commission to undertake specific intelligence operations; and (b) has a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency. 9 Parliamentary Crime and Corruption Committee The Parliamentary Crime and Corruption Committee is a standing committee of the Legislative Assembly with particular responsibility for monitoring and reviewing the commission's performance. 10 Parliamentary Crime and Corruption Commissioner The Parliamentary Crime and Corruption Commissioner is an officer of the Parliament who helps the Parliamentary Crime and Corruption Committee in the performance of its functions. 11 Public Interest Monitor The Public Interest Monitor has a right of appearance before a court hearing an application by the commission for a surveillance warrant or covert search warrant and is entitled to test the appropriateness and validity of the application before the court. Part 4 Interpretation Division 1 Definitions 12 Definitions The dictionary in schedule 2 defines particular words used in this Act. 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 under section 33(1)(b), 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. 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 (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) 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) Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that— (a) impairs, or could impair, public confidence in public administration; and (b) involves, or could involve, any of the following— (i) collusive tendering; (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State's natural, cultural, mining or energy resources; (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; (v) fraudulently obtaining or retaining an appointment; and (c) 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. 16 Conduct happening over time, or at any time, may be corrupt conduct (1) Conduct may be corrupt conduct even though— (a) it happened before the relevant commencement; or (b) some or all of the effects or elements necessary to constitute corrupt conduct happened before the relevant commencement; or (c) a person involved in the conduct is no longer the holder of an appointment. (2) Conduct engaged in by, or in relation to, a person at a time when the person is not the holder of an appointment may be corrupt conduct, if the person becomes the holder of an appointment. (3) In this section— relevant commencement means— (a) generally—the commencement of this Act; and (b) for corrupt conduct under section 15(2)—the commencement of that subsection. 17 Conduct outside Queensland may be corrupt conduct Conduct may be corrupt conduct regardless of— (a) where the conduct happens; or (b) whether the law relevant to the conduct is a law of Queensland or of another jurisdiction. 18 Conspiracy or attempt to engage in conduct may be corrupt conduct A conspiracy or an attempt to engage in conduct is not excluded from being corrupt conduct if, had the conspiracy or attempt been brought to fruition by the taking of a further step, the further step could constitute or involve— (a) an offence; or (b) grounds for terminating a person's services in a unit of public administration, if the person is or were the holder of an appointment in the unit. 19 Corrupt conduct not affected by time limitations Conduct does not stop being corrupt conduct only because a proceeding or an action for an offence to which the conduct is relevant can no longer be brought or continued or that action for termination of services because of the conduct can no longer be taken. Division 3 Units of public administration 20 Meaning of unit of public administration (1) Each of the following is a unit of public administration— (a) the Legislative Assembly, and the parliamentary service; (b) the Executive Council; (c) a department; (d) the police service; (da) a local government; (e) a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act; (f) a noncorporate entity, established or maintained under an Act, that— (i) is funded to any extent with State moneys; or (ii) is financially assisted by the State; (g) a State court, of whatever jurisdiction, and its registry and other administrative offices; (h) another entity prescribed under a regulation. (2) However, none of the following is a unit of public administration— (a) the commission; (b) the parliamentary commissioner; (c) the entity consisting of— (i) the parliamentary commissioner; and (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and (iii) persons engaged to provide the parliamentary commissioner with services, information or advice; (d) an entity declared by an Act not to be a unit of public administration. (3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(h) prescribing an entity to be a unit of public administration only if the Minister— (a) is satisfied the entity— (i) is supported directly or indirectly by government funds or other government assistance; or (ii) is an entity over which government is in a position to exercise control; or (iii) is established under an Act; or (iv) is given public functions under an Act; and (b) considers it is in the public interest for the entity to be prescribed as a unit of public administration. (4) In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters— (a) if the entity is a company, whether it is a company limited by shares; (b) the size of the entity, having regard to the number of the entity's employees or the entity's turnover; (c) the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; (d) the extent to which functions of the entity have previously been performed by government; (e) the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission; (f) any other relevant matter. (5) Also, for subsection (1)(h), an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity's functions. 21 Holding appointment in unit of public administration A person holds an appointment in a unit of public administration if the person holds any office, place or position in the unit, whether the appointment is by way of election or selection. Division 4 References to major crime and corruption 22 References to major crime or corruption include suspected major crime or suspected corruption (1) A reference to major crime includes, in the context of a crime investigation, suspected major crime. (2) A reference to corruption includes, in the context of a complaint or a corruption investigation, suspected corruption. Division 5 Terrorist acts 22A Meaning of terrorist act (1) An action is a terrorist act if— (a) it does any of the following— (i) causes serious harm that is physical harm to a person; (ii) causes serious damage to property; (iii) causes a person's death; (iv) endangers the life of someone other than the person taking the action; (v) creates a serious risk to the health or safety of the public or a section of the public; (vi) seriously interferes with, seriously disrupts, or destroys an electronic system; and (b) it is done with the intention of advancing a political, religious or ideological cause; and (c) it is done with the intention of— (i) coercing, or influencing by intimidation, the government of the Commonwealth, a State or a foreign country, or of part of a State or a foreign country; or (ii) intimidating the public or a section of the public. (2) A threat of action is a terrorist act if— (a) the threatened action is likely to do anything mentioned in subsection (1)(a)(i) to (vi); and (b) the threat is made with the intentions mentioned in subsection (1)(b) and (c). (3) However, an action or threat of action is not a terrorist act if the action or threatened action— (a) is advocacy, protest, dissent or industrial action; and (b) is not intended— (i) to cause serious harm that is physical harm to a person; or (ii) to cause a person's death; or (iii) to endanger the life of a person, other than the person taking the action; or (iv) to create a serious risk to the health or safety of the public or a section of the public. (4) A reference in this section to a person or property is a reference to a person or property wherever situated, within or outside the State (including within or outside Australia). (5) In this section— electronic system includes any of the following electronic systems— (a) an information system; (b) a telecommunications system; (c) a financial system; (d) a system used for the delivery of essential government services; (e) a system used for, or by, an essential public utility; (f) a system used for, or by, a transport system. physical harm includes unconsciousness, pain, disfigurement, infection with a disease and physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time). public includes the public of another State or of a country other than Australia. serious harm means harm, including the cumulative effect of any harm, that— (a) endangers, or is likely to endanger, a person's life; or (b) is, or is likely to be, significant and longstanding. threat includes a threat made by conduct, whether express or implied and whether conditional or unconditional. Chapter 2 Commission functions, investigations and reporting Part 1 Prevention 23 Commission's prevention function The commission has a function (its prevention function) of helping to prevent major crime and corruption. 24 How commission performs its prevention function Without limiting the ways the commission may perform its prevention function, the commission performs the function by— (a) analysing the intelligence it gathers in support of its investigations into major crime and corruption; and (b) analysing the results of its investigations and the information it gathers in performing its functions; and (c) analysing systems used within units of public administration to prevent corruption; and (d) using information it gathers from any source in support of its prevention function; and (e) providing information to, consulting with, and making recommendations to, units of public administration; and (f) providing information relevant to its prevention function to the general community; and (g) ensuring that in performing all of its functions it has regard to its prevention function; and (h) generally increasing the capacity of units of public administration to prevent corruption by providing advice and training to the units and, if asked, to other entities; and (i) reporting on ways to prevent major crime and corruption. Part 2 Crime Division 1 Crime functions 25 Commission's crime function The commission has a function (its crime function)— (a) to investigate major crime referred to it, under division 2, by the reference committee; and (b) to investigate, under an authorisation under section 55D, incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in. 26 How commission performs its crime function Without limiting the ways the commission may perform its crime function, the commission performs its crime function by— (a) investigating major crime referred to it, under division 2, by the reference committee; and (b) when conducting investigations under paragraph (a), gathering evidence for— (i) the prosecution of persons for offences; and (ii) the recovery of the proceeds of major crime; and (iii) the recovery of other property liable to forfeiture, or a person's unexplained wealth, under the Confiscation Act; and (c) liaising with, providing information to, and receiving information from, other law enforcement agencies and prosecuting authorities, including agencies and authorities outside the State or Australia, about major crime. Division 2 Referrals by reference committee 26A Definitions for div 2 In this division— general referral see section 27(4). referral means— (a) a specific referral; or (b) a general referral. specific referral see section 27(2). 27 Referrals to commission (1) The reference committee may refer— (a) a particular incident of major crime to the commission for investigation; or (b) major crime to the commission for investigation. Examples of major crime that may be referred under paragraph (b)— • terrorism • criminal paedophilia facilitated by the use of the internet by offenders to groom children or distribute obscene material depicting children • organised crime engaged in by a class of person or involving offences of a particular type, for example, money laundering • criminal activity involving drug trafficking and violence engaged in by members of (generally identified) motorcycle gangs and their associates (2) A reference under subsection (1)(a) is called a specific referral. (3) A specific referral must identify— (a) the particular incident of major crime to be investigated by the commission; and (b) at least 1 of the following— (i) the persons involved, or suspected of being involved, in the particular incident of major crime; (ii) the activity constituting, or suspected of constituting, the particular incident of major crime. (4) A reference under subsection (1)(b) is called a general referral. (5) A general referral— (a) must identify the major crime to be investigated by the commission; and (b) may identify either or both of the following— (i) the persons involved, or suspected of being involved, in the major crime; (ii) the activities constituting, or suspected of constituting, the major crime. (6) A referral may relate to any circumstances implying, or any allegations, that a particular incident of major crime, or major crime, may have been committed, may be being committed, or may in the future be committed. (7) A referral may be made by the reference committee— (a) for a specific referral— (i) on its own initiative; or (ii) if asked by the senior executive officer (crime); or (iii) if asked by the commissioner of police; or (b) for a general referral— (i) on its own initiative; or (ii) if asked by the senior executive officer (crime). (8) A referral must be in writing. 28 Matters about which the reference committee must be satisfied before making a referral (1) The reference committee may make a specific referral only if it is satisfied— (a) the police service has carried out an investigation into the particular incident of major crime that has not been effective; and (b) further investigation into the particular incident of major crime is unlikely to be effective using powers ordinarily available to police officers; and (c) it is in the public interest to refer the particular incident of major crime to the commission for investigation. (2) The reference committee may make a general referral only if it is satisfied it is in the public interest to refer the major crime to the commission for investigation. (3) Without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer a particular incident of major crime, or major crime, to the commission for investigation, the reference committee may have regard to the following— (a) the number of persons that may be involved; (b) the degree of planning and organisation likely to be involved; (c) the seriousness of, or the consequences of, the particular incident of major crime or the major crime; (d) the person or persons likely to be responsible for planning and organising the particular incident of major crime or the major crime; (e) the likely involvement of the person or persons in similar activities; (f) the financial or other benefits likely to be derived by any person; (g) whether investigation by the commission is a justifiable use of resources. (4) Also, without limiting the matters to which the reference committee may have regard in deciding whether it is in the public interest to refer major crime to the commission for investigation (that is, a general referral), the reference committee may have regard to the likely effectiveness of investigation into the major crime using powers ordinarily available to the police service. 29 Reference committee may give commission directions about investigations (1) The reference committee may give the commission directions imposing limitations on a crime investigation, including limitations on the exercise of the commission's powers for the investigation. (2) The reference committee may also direct the commission to end a particular crime investigation if the committee considers— (a) it may be more appropriate for another entity to undertake the investigation; or (b) it may be more effective for another entity to undertake the investigation; or (c) investigation by the commission is not a justifiable use of resources; or (d) investigation by the commission is not in the public interest. (3) The commission must comply with a direction given under subsection (1) or (2). (4) To remove any doubt, it is declared that section 29(2)(d) is not limited by section 28(3) or (4). 29A Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral (1) This section applies if the senior executive officer (crime) notifies the reference committee under section 277 that the commission has commenced a particular crime investigation under a general referral. (2) The reference committee must, as soon as practicable after the reference committee is notified, consider whether to give the commission a direction under section 29(1) or (2) in relation to the particular crime investigation. 30 Amendment of referral to investigate The reference committee may amend the terms of a referral to the commission on its own initiative or if asked by the senior executive officer (crime). 30A Review and lapse of general referrals (1) The reference committee must review each general referral within 5 years of it being made or last confirmed under subsection (5). (2) In conducting the review, the reference committee must give fresh consideration to the matters mentioned in section 28(2) to (4) as if a reference in the subsections to a referral were a reference to a confirmation under subsection (5). (3) The senior executive officer (crime) may make submissions to the reference committee about its decision on the review if the general referral was initially requested by the senior executive officer (crime). (4) The reference committee may ask the senior executive officer (crime) to help the committee to conduct the review, and, if asked, the senior executive officer (crime) must give the committee the help it needs to conduct the review. (5) In deciding the review, the reference committee may— (a) confirm the referral with or without amendment; or (b) replace the referral with a referral to the commissioner of police under section 31; or (c) end the referral. (6) If the reference committee does not act under subsection (5) before the end of the 5 year period mentioned in subsection (1), the referral lapses. 31 Referrals to police service (1) The reference committee may refer a particular incident of major crime, or major crime, to the commissioner of police for investigation if it is satisfied that the matter is not appropriate for investigation or continued investigation by the commission. (2) The referral must be written. (3) The commissioner of police must, if asked by the reference committee, report to the committee on the referral. (4) The commissioner of police must consider any comments about the referral made by the reference committee. Division 3 Dealing with major crime 32 Police task forces and other operational agreements (1) The chairperson may make arrangements with the commissioner of police for the establishment of a police task force to help the commission to carry out a crime investigation. (2) A police task force is under the control and direction of the commissioner of police. (3) The commission may enter into operational agreements with other entities, including an entity mentioned in section 275(d). Part 3 Corruption Division 1 Corruption functions 33 Commission's corruption functions (1) The commission has the following functions for corruption (the corruption functions)— (a) to raise standards of integrity and conduct in units of public administration; (b) 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. (2) The commission's corruption functions also include— (a) investigating and otherwise dealing with— (i) conduct liable to allow, encourage or cause corrupt conduct; and (ii) conduct connected with corrupt conduct; and (b) investigating whether corrupt conduct or conduct mentioned in paragraph (a)(i) or (ii) may have happened, may be happening or may happen. 34 Principles for performing corruption functions It is the Parliament's intention that the commission apply the following principles when performing its corruption functions— (a) Cooperation • to the greatest extent practicable, the commission and units of public administration should work cooperatively to prevent corruption • the commission and units of public administration should work cooperatively to deal with corruption (b) Capacity building • the commission has a lead role in building the capacity of units of public administration to prevent and deal with cases of corruption effectively and appropriately (c) Devolution • subject to the cooperation and public interest principles and the capacity of the unit of public administration, action to prevent and deal with corruption in a unit of public administration should generally happen within the unit (d) Public interest • the commission has an overriding responsibility to promote public confidence— • in the integrity of units of public administration and • if corruption does happen within a unit of public administration, in the way it is dealt with • the commission should exercise its power to deal with particular cases of corruption when it is appropriate having primary regard to the following— • the capacity of, and the resources available to, a unit of public administration to effectively deal with the corruption • the nature and seriousness of the corruption, particularly if there is reason to believe that corruption is prevalent or systemic within a unit of public administration • any likely increase in public confidence in having the corruption dealt with by the commission directly. 35 How commission performs its corruption functions (1) Without limiting how the commission may perform its corruption functions, it performs its corruption functions by doing 1 or more of the following— (a) expeditiously assessing complaints about, or information or matters (also complaints) involving, corruption made or notified to it; (b) referring complaints about corruption within a unit of public administration to a relevant public official to be dealt with by the public official; (c) performing its monitoring role for police misconduct as provided for under section 47(1); (d) performing its monitoring role for corrupt conduct as provided for under section 48(1); (e) dealing with complaints about corrupt conduct, by itself or in cooperation with a unit of public administration; (f) investigating and otherwise dealing with, on its own initiative— (i) the incidence, or particular cases, of corruption throughout the State; or (ii) the matters mentioned in section 33(2); (g) assuming responsibility for, and completing, an investigation, by itself or in cooperation with a unit of public administration, if the commission considers that action to be appropriate having regard to the principles set out in section 34; (h) when conducting or monitoring investigations, gathering evidence for or ensuring evidence is gathered for— (i) the prosecution of persons for offences; or (ii) disciplinary proceedings against persons; (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. (2) In performing its corruption functions in a way mentioned in subsection (1), the commission should, whenever possible, liaise with a relevant public official. (3) In performing its corruption function under section 33(1)(b), the commission must focus on more serious cases of corrupt conduct and cases of systemic corrupt conduct within a unit of public administration. 35A Chief executive officer may issue direction about commission's corruption function about complaints (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 chairperson. (3) A commission officer must comply with a direction issued under subsection (1). 35B Publication of information about how commission performs its corruption function about complaints (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; (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. Division 2 How to make a complaint 36 Complaining about corruption (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. (2) Subsection (1) does not limit to whom a person can complain about corruption. Examples— 1 A person may complain directly to the commissioner of police about corruption. 2 A person may complain directly to the chief executive of a government department about corruption happening within the department. (3) 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 Division 3 Duty to notify 37 Duty to notify commission of police misconduct (1) This section applies if the commissioner of police reasonably suspects that a complaint, or information or matter (also a complaint), involves police misconduct. (2) The commissioner of police must notify the commission of the complaint, subject to section 40. 38 Duty to notify commission of corrupt conduct (1) This section applies if a public official reasonably suspects that a complaint, or information or matter (also a complaint), involves, or may involve, corrupt conduct. (2) The public official must notify the commission of the complaint, subject to section 40. 39 Duty to notify is paramount (1) The duty of a public official to notify the commission of a complaint under section 37 or 38 must be complied with despite— (a) the provisions of any other Act, other than the Police Service Administration Act 1990, section 6A.1(3); or (b) any obligation the person has to maintain confidentiality about a matter to which the complaint relates. (2) Subsection (1) does not affect an obligation under another Act to notify corruption. 40 Commission may issue directions about notifications (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. (2) Before issuing a direction, the commission must consult with, and consider the views of— (a) the relevant public official; and (b) if the direction relates to the chief executive officer of a public service entity under the Public Sector Act 2022—the Public Sector Commission under that Act. (3) In particular, if a direction would require the commissioner of police to disclose information otherwise protected by the Police Powers and Responsibilities Act 2000, section 266 or the Drugs Misuse Act 1986, section 119, the commission may issue the direction, but before doing so must have regard to the desirability of protecting confidentiality. (4) A public official must comply with a direction given under subsection (1). (5) The commission may use or disclose information mentioned in subsection (3) in the administration of this Act, but must maintain the confidentiality of the information to the greatest practicable extent. 40A Record of alleged corrupt conduct not notified (1) This section applies if a public official decides that a complaint, or information or matter, about alleged corrupt conduct is not required to be notified to the commission under section 38. (2) The public official must make a record of the decision. (3) The record must include— (a) the details of the complaint or information or matter; and (b) the evidence on which the public official relied in making the decision; and (c) any other reasons for the decision. (4) The commission may ask a public official to give the commission access to a record made under this section in a stated way and by a stated time. (5) A public official must comply with a request made of the official under subsection (4). Division 4 Dealing with complaints and other matters Subdivision 1 Commissioner of police 41 Responsibility of commissioner of police (1) The commissioner of police has primary responsibility for dealing with complaints about, or information or matter the commissioner of police reasonably suspects involves, police misconduct. (2) The commissioner of police also has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to the commissioner of police by the commission. 42 Dealing with complaints—commissioner of police (1) The commissioner of police must expeditiously assess complaints, or information or matter (also a complaint) made or notified to, or otherwise coming to the attention of, the commissioner of police. (2) The commissioner of police must deal with a complaint about police misconduct in the way the commissioner of police considers most appropriate, subject to the commission's monitoring role. (3) If the commissioner of police is satisfied that— (a) a complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility; or (b) dealing with the complaint would be an unjustifiable use of resources; the commissioner of police may take no action or discontinue action taken to deal with the complaint. (4) The commissioner of police may, in an appropriate case, ask the commission to deal with a complaint about police misconduct or to deal with the complaint in cooperation with the commissioner of police. (5) If the commission refers a complaint about corrupt conduct to the commissioner of police to be dealt with, the commissioner of police must deal with the complaint in the way the commissioner of police considers most appropriate, subject to the commission's monitoring role. (6) Without limiting how the commissioner of police may deal with a complaint about corrupt conduct, the commissioner of police may ask the commission to deal with the complaint in cooperation with the commissioner of police. (7) If a person makes a complaint that is dealt with by the commissioner of police, the commissioner of police must give the person a response stating— (a) if no action is taken on the complaint by the commissioner of police or action to deal with the complaint is discontinued by the commissioner of police—the reason for not taking action or discontinuing the action; or (b) if action is taken on the complaint by the commissioner of police— (i) the action taken; and (ii) the reason the commissioner of police considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response. (8) However, the commissioner of police is not required to give a response to the person— (a) if the person has not given the person's name and address or does not require a response; or (b) if the response would disclose information the disclosure of which would be contrary to the public interest. Subdivision 2 Other units of public administration 43 Responsibility of public officials, other than the commissioner of police A public official, other than the commissioner of police, has a responsibility to deal with a complaint about, or information or matter involving, corrupt conduct that is referred to it by the commission. 44 Dealing with complaints—public officials other than the commissioner of police (1) This section does not apply to the police service. (2) A public official must deal with a complaint about, or information or matter (also a complaint) involving, corrupt conduct in the way the public official considers most appropriate, subject to the commission's monitoring role. (3) If the public official is satisfied that— (a) a complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility; or (b) dealing with the complaint would be an unjustifiable use of resources; the public official may take no action or discontinue action taken to deal with the complaint. (4) A public official may, in an appropriate case, ask the commission to deal with a complaint in cooperation with the public official. (5) If a person makes a complaint that is dealt with by the public official, the public official must give the person a response stating— (a) if no action is taken on the complaint by the public official or action to deal with the complaint is discontinued by the public official—the reason for not taking action or discontinuing the action; or (b) if action is taken on the complaint by the public official— (i) the action taken; and (ii) the reason the public official considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response. (6) However, the public official is not required to give a response to the person— (a) if the person has not given the person's name and address or does not require a response; or (b) if the response would disclose information the disclosure of which would be contrary to the public interest. Subdivision 3 Commission 45 Responsibility of commission (1) The commission has primary responsibility for dealing with complaints about, or information or matter involving, corrupt conduct. (2) The commission is responsible for monitoring how the commissioner of police deals with police misconduct. 46 Dealing with complaints—commission (1) The commission deals with a complaint about, or information or matter (also a complaint) involving, corruption by— (a) expeditiously assessing each complaint about corruption made or notified to it, or otherwise coming to its attention; and (b) taking the action the commission considers most appropriate in the circumstances having regard to the principles set out in section 34. (2) The commission may take the following action— (a) deal with each complaint about corrupt conduct that it considers should not be referred to a public official to be dealt with; (b) refer a complaint about corrupt conduct to a public official to be dealt with by the public official or in cooperation with the commission, subject to the commission's monitoring role; (c) without limiting paragraph (b), refer a complaint about corrupt conduct of a person holding an appointment in a unit of public administration that may involve criminal activity to the commissioner of police to be dealt with; (d) if it is a complaint about police misconduct notified to the commission by the commissioner of police—allow the commissioner of police to continue to deal with the complaint, subject to the commission's monitoring role; (e) if it is a complaint about police misconduct made to the commission by someone other than the commissioner of police—give the complaint to the commissioner of police to be dealt with, subject to the commission's monitoring role; (f) if a public official asks the commission to deal with a complaint or to deal with a complaint in cooperation with the public official— (i) deal with the complaint; or (ii) deal with the complaint in cooperation with the public official; or (iii) advise the public official that the commission considers that it is appropriate that the public official continue to deal with the complaint, subject to the commission's monitoring role; (g) if the commission is satisfied that— (i) the complaint— (A) is frivolous or vexatious; or (B) lacks substance or credibility; or (C) is not made in good faith; or (D) is made primarily for a mischievous purpose; or (E) is made recklessly or maliciously; or (ii) dealing with the complaint— (A) would not be in the public interest; or (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; take no action or discontinue action. (3) 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. (4) A public official must comply with a requirement made under subsection (3). (5) If a person makes a complaint that is dealt with by the commission, the commission must give the person a response stating— (a) if no action is taken by the commission on the complaint or action to deal with the complaint is discontinued by the commission—the reason for not taking action or discontinuing the action; or (b) if action is taken on the complaint by the commission— (i) the action taken; and (ii) the reason the commission considers the action to be appropriate in the circumstances; and (iii) any results of the action that are known at the time of the response. (6) However, the commission is not required to give a response— (a) to the person if— (i) the person has not given the person's name and address or does not require a response; or (ii) the commission has given a notice, or is entitled to give a notice, under section 216 to the person in relation to the complaint; or (b) that discloses information the disclosure of which would be contrary to the public interest. (7) Nothing in this part limits the commission from providing information about the conduct of a person to a public official for use in the proper performance of the public official's functions. 46A Dealing with matters mentioned in s 33 (2) (1) This section applies to a matter mentioned in section 33(2). (2) The commission deals with the matter by— (a) assessing the matter; and (b) if the commission considers it appropriate, investigating the matter; and (c) taking the action the commission considers most appropriate in the circumstances having regard to the public interest principle set out in section 34(d). (3) For dealing with the matter, the commission may require a public official to provide stated information about the matter in the way and at the times the commission directs. (4) A public official must comply with a requirement made under subsection (3). 47 Commission's monitoring role for police misconduct (1) The commission may, having regard to the principles stated in section 34— (a) issue advisory guidelines for the conduct of investigations by the commissioner of police into police misconduct; or (b) review or audit the way the commissioner of police has dealt with police misconduct, in relation to either a particular complaint or a class of complaint; or (c) assume responsibility for and complete an investigation by the commissioner of police into police misconduct. (2) The commissioner of police must give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation. (3) If the commission assumes responsibility for an investigation, the commissioner of police must stop the commissioner's investigation or any other action that may impede the investigation if directed to do so by the commission. (4) In this section— complaint, about police misconduct, includes information or matter involving police misconduct. 48 Commission's monitoring role for corrupt conduct (1) The commission may, having regard to the principles stated in section 34— (a) issue advisory guidelines for the conduct of investigations by public officials into corrupt conduct; or (b) review or audit the way a public official has dealt with corrupt conduct, in relation to either a particular complaint or a class of complaint; or (c) require a public official— (i) to report to the commission about an investigation into corrupt conduct in the way and at the times the commission directs; or (ii) to undertake the further investigation into the corrupt conduct that the commission directs; or (d) assume responsibility for and complete an investigation by a public official into corrupt conduct. (2) The public official must— (a) give the commission reasonable help to undertake a review or audit or to assume responsibility for an investigation; and (b) comply with a requirement made under subsection (1)(c). (3) If the commission assumes responsibility for an investigation, the public official must stop the official's investigation or any other action that may impede the investigation if directed to do so by the commission. (4) In this section— complaint, about corrupt conduct, includes information or matter involving corrupt conduct. Subdivision 4 Miscellaneous provision 48A Policy about how complaints involving public official are to be dealt with (1) A public official must, in consultation with the chairperson, 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. (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. Division 5 Action following investigation 49 Reports about complaints dealt with by the commission (1) This section applies if the commission investigates (either by itself or in cooperation with a public official), or assumes responsibility for the investigation of, a complaint about, or information or matter involving, corruption and decides that prosecution proceedings or disciplinary action should be considered. (2) The commission may report on the investigation to any of the following as appropriate— (a) a prosecuting authority, for the purposes of any prosecution proceedings the authority considers warranted; (b) the Chief Justice, if the report relates to conduct of a judge of, or other person holding judicial office in, the Supreme Court; (c) the Chief Judge of the District Court, if the report relates to conduct of a District Court judge; (d) the President of the Childrens Court, if the report relates to conduct of a person holding judicial office in the Childrens Court; (e) the Chief Magistrate, if the report relates to conduct of a magistrate; (f) the chief executive officer of a relevant unit of public administration, for the purpose of taking disciplinary action, if the report does not relate to the conduct of a judge, magistrate or other holder of judicial office. (3) If the commission decides that prosecution proceedings for an offence under the Criminal Code, section 57 should be considered, the commission must report on the investigation to the Attorney-General. (4) A report made under subsection (2) or (3) must contain, or be accompanied by, all relevant information known to the commission that— (a) supports a charge that may be brought against any person as a result of the report; or (b) supports a defence that may be available to any person liable to be charged as a result of the report; or (c) supports the start of a proceeding under section 219F, 219FA or 219G against any person as a result of the report; or (d) supports a defence that may be available to any person subject to a proceeding under section 219F, 219FA or 219G as a result of the report. (5) In this section— prosecuting authority does not include the director of public prosecutions. 50 Commission may prosecute corrupt conduct (1) This section applies if the commission reports to the chief executive officer of a unit of public administration under section 49 that— (a) a complaint, matter or information involves, or may involve, corrupt conduct by a prescribed person in the unit; and (b) there is evidence supporting the start of a disciplinary proceeding for corrupt conduct against the prescribed person. (2) The commission may apply, as provided under the QCAT Act, to QCAT for an order under section 219I against the prescribed person. (3) In this section— prescribed person means— (a) a person— (i) who is a member of the police service; or (ii) being a member of the police service, whose employment as a member of the police service ends after the corrupt conduct happens, regardless of whether the employment ends before or after the start of a disciplinary proceeding for the corrupt conduct; or (b) a person (other than a judge or holder of judicial office, or a member of the police service)— (i) who holds an appointment in a unit of public administration; or (ii) who held an appointment in a unit of public administration that ended after the corrupt conduct happened, regardless of whether the appointment ended before or after the start of a disciplinary proceeding for the conduct. 51 Other action for corruption (1) Nothing in this part limits the action that may lawfully be taken by the commission or a unit of public administration to discipline or otherwise deal with a person for corruption. Example— The commissioner of police may bring a disciplinary charge against a police officer under the Police Service Administration Act 1990. (2) Subsection (1) is subject to sections 47 and 48. Part 4 Research, intelligence and other functions Division 1 Research 52 Research functions (1) The commission has the following functions— (a) to undertake research to support the proper performance of its functions; (b) to undertake research into the incidence and prevention of criminal activity; (c) to undertake research into any other matter relating to the administration of criminal justice or relating to corruption referred to the commission by the Minister; (d) to undertake research into any other matter relevant to any of its functions. (2) Without limiting subsection (1)(a), the commission may undertake research into— (a) police service methods of operations; and (b) police powers and the use of police powers; and (c) law enforcement by police; and (d) the continuous improvement of the police service. Division 2 Intelligence 53 Intelligence functions The commission has the following functions (its intelligence functions)— (a) to undertake intelligence activities, including specific intelligence operations authorised by the reference committee, to support the proper performance of its functions; (b) to hold intelligence function hearings; (c) to analyse the intelligence data collected to support its functions; (d) to minimise unnecessary duplication of intelligence data; (e) to ensure that intelligence data collected and held to support its functions is appropriate for the proper performance of its functions. 54 Database of intelligence information The commission must build up a database of intelligence information for use in support of all of its functions using for the purpose information acquired by it from any source available to it, including, for example— (a) its own operations; and (b) the police service; and (c) sources of the Commonwealth or any State supplying intelligence information to it. 55 Access to intelligence information held by police service The commissioner of police must give the chairperson access to intelligence information held by the police service as required by the chairperson as soon as possible after receiving the request. Division 2A Specific intelligence operations 55A Authorising specific intelligence operation (1) The section applies if the reference committee is satisfied that there are reasonable grounds to suspect that— (a) a criminal organisation, or a participant in a criminal organisation, has engaged in, is engaging in, or is planning to engage in, criminal activity; or (b) a person, regardless of whether the person holds an appointment, has engaged in, is engaging in, or is planning to engage in corruption to support or help a criminal organisation or a participant in a criminal organisation. (2) The reference committee may authorise the commission to undertake a specific intelligence operation, including by holding hearings. (3) The authorisation must be in writing and identify— (a) the criminal organisation or participant to be investigated by the commission; and (b) the suspected criminal activity or corruption; and (c) the purpose of the intelligence operation. (4) The authorisation may relate to any circumstances implying, or any allegations, that particular criminal activity or corruption, is reasonably suspected. (5) The authorisation may be made by the reference committee— (a) on its own initiative; or (b) if asked by the senior executive officer (crime) or the senior executive officer (corruption). (6) In this section— criminal activity means any act or omission that involves the commission of an offence. hold an appointment means hold an appointment in a unit of public administration. 55B Matters reference committee must consider (1) The reference committee may authorise the commission to undertake a specific intelligence operation under section 55A only if it is satisfied— (a) as required under the section; and (b) it is in the public interest to authorise the commission to undertake the specific intelligence operation. (2) In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division. (3) In this section— criminal activity means any act or omission that involves the commission of an offence. 55C Reference committee may give commission directions (1) The reference committee may give the commission directions imposing limitations on the commission's intelligence operation under an authorisation under section 55A, including limitations on the exercise of the commission's powers for the operations. (2) The reference committee may also direct the commission to end a specific intelligence operation under an authorisation if the committee considers— (a) it may be more appropriate for another entity to undertake the intelligence operation; or (b) it may be more effective for another entity to undertake the intelligence operation; or (c) undertaking an intelligence operation is not a justifiable use of the commission's resources; or (d) the commission undertaking an intelligence operation is not in the public interest. (3) The commission must comply with a direction given under subsection (1) or (2). (4)