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Queensland
CRIMINAL JUSTICE
LEGISLATION
AMENDMENT BILL 1997
Queensland
CRIMINAL JUSTICE LEGISLATION
AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF CRIMINAL JUSTICE ACT 1989
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 2 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 10 (Disqualifications for appointment to commission) . . 8
7 Amendment of s 12 (Appointment of members) . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 14 (Tenure of office) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Amendment of s 15 (Casual vacancy in membership) . . . . . . . . . . . . . . . . . 9
10 Insertion of new ss 16A and 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16A Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . 10
16B Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Amendment of s 19 (Divisions of commission) . . . . . . . . . . . . . . . . . . . . . . 11
12 Omission of s 20 (Functions, jurisdiction etc.) . . . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 21 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Omission of s 24 (Role of commission members) . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 25 (Commission hearings) . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 Amendment of s 26 (Commission's reports) . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Amendment of s 27 (Commission's report on court procedures
and confidential matter) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Criminal Justice Legislation Amendment
18 Insertion of new s 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
28A Giving other information to parliamentary committee . . . . . . . . . . . 15
19 Amendment of s 29 (Role and functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 33 (Reports of division) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
21 Amendment of s 34 (Judicial review of division's activities) . . . . . . . . . . . 16
22 Amendment of s 36 (Establishment of section) . . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 38 (Handling of complaints etc. by complaints
section) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of div heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Amendment of s 56 (Role and functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Amendment of s 63 (Access to register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 64 (Employment by commission) . . . . . . . . . . . . . . . . . . . 19
28 Amendment of s 66 (Engagement of services) . . . . . . . . . . . . . . . . . . . . . . . 20
29 Amendment of s 67 (Officers of commission) . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Insertion of new s 68A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
68A Delegation of powers by chairperson of commission under pt 3 . . . 20
31 Amendment of s 69 (Notice to discover information) . . . . . . . . . . . . . . . . . 21
32 Amendment of s 84 (Further powers of officers of commission) . . . . . . . . . 21
33 Amendment of s 88 (Prohibition of publication of evidence etc.) . . . . . . . . 21
34 Replacement of s 90 (Hearings open to public unless commission
otherwise orders) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
90 Hearings closed to the public unless commission
otherwise orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
35 Amendment of s 94 (Obligation to adduce evidence) . . . . . . . . . . . . . . . . . 23
36 Amendment of s 98 (Inspection of material in commission's custody) . . . 23
37 Amendment of s 102 (Disclosure to commission not breach of
confidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Amendment of s 103 (Personal protection for witnesses etc.) . . . . . . . . . . . 24
39 Insertion of new s 116A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
116A Membership of parliamentary committee continues
despite dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Amendment of s 118 (Functions and powers) . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Insertion of new ss 118A to 118F and new pt 4A . . . . . . . . . . . . . . . . . . . . . 25
118A Guidelines on operation of commission . . . . . . . . . . . . . . . . . . . . . . . 25
3
Criminal Justice Legislation Amendment
118B Guidelines to be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
118C Disallowance of guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
118D Limited saving of operation of guideline that ceases to
have effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
118E Directions by parliamentary committee to undertake
investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
118F Referral of concerns by parliamentary committee . . . . . . . . . . . . . . 26
PART 4A--PARLIAMENTARY CRIMINAL JUSTICE
COMMISSIONER
Division 1--Parliamentary criminal justice commissioner
118G Office of Parliamentary criminal justice commissioner . . . . . . . . . . 27
118H Qualification for appointment as parliamentary commissioner . . . . 28
118I Disqualifications as parliamentary commissioner . . . . . . . . . . . . . . . 28
118J Selection for appointment of parliamentary commissioner . . . . . . . 29
118K Appointment of parliamentary commissioner . . . . . . . . . . . . . . . . . . 29
118L Acting parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 30
118M Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
118N Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
118O Remuneration of parliamentary commissioner . . . . . . . . . . . . . . . . . 31
118P Oath of parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . 31
118Q Administrative and support services for parliamentary
commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Functions and powers of parliamentary commissioner
118R Functions of parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . 32
118S Parliamentary commissioner can not be required to
disclose particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
118T Powers of the parliamentary commissioner . . . . . . . . . . . . . . . . . . . . 34
118U Parliamentary commissioner to have custody of and deal
with records of the CJC inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
118V Relinquishment of records of CJC inquiry . . . . . . . . . . . . . . . . . . . . . 36
118W Parliamentary commissioner has powers under
Commissions of Inquiry Act 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
118X Confidentiality obligations not to apply . . . . . . . . . . . . . . . . . . . . . . . 36
118Y Commission not entitled to privilege . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Criminal Justice Legislation Amendment
118Z Investigations closed to the public unless authorised by
parliamentary committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
118ZA Protection of parliamentary
commissioner and officers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
42 Amendment of s 120 (Application pursuant to s 34) . . . . . . . . . . . . . . . . . . 38
43 Amendment of s 123 (Application pursuant to s 82) . . . . . . . . . . . . . . . . . . 39
44 Amendment of s 132 (Confidentiality to be maintained) . . . . . . . . . . . . . . . 39
45 Amendment of s 137 (False complaints or information) . . . . . . . . . . . . . . . 40
46 Amendment of s 143 (Proof of commission actions) . . . . . . . . . . . . . . . . . . 40
47 Insertion of new s 147B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
147B Commission to give financial information to the Minister . . . . . . . . 40
48 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 8--TRANSITIONAL PROVISIONS
149 Transitional provision for Criminal Justice Legislation
Amendment Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 3--AMENDMENT OF PARLIAMENTARY COMMITTEES
ACT 1995
49 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
50 Amendment of s 6 (Application of Act to committees established
by Assembly etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
1997
A BILL
FOR
An Act to amend the Criminal Justice Act 1989 and another Act
s1 6 s4
Criminal Justice Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Criminal Justice Legislation Amendment 4
Act 1997. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
ART 2--AMENDMENT OF CRIMINAL JUSTICE 8
P
ACT 1989 9
amended in pt 2 10
Act
Clause 3. This part amends the Criminal Justice Act 1989. 11
of s 2 (Objects of Act) 12
Amendment
Clause 4. Section 2(b)-- 13
omit, insert-- 14
`(b) to provide for the establishment of-- 15
(i) a parliamentary committee to oversight the conduct and 16
activities of the commission and monitor and review 17
compliance by the commission with its requirements of 18
accountability to the Legislative Assembly for its conduct 19
and activities; and 20
(ii) a mechanism for dealing with complaints about conduct or 21
s5 7 s5
Criminal Justice Legislation Amendment
activities of the commission; and 1
(iii) a parliamentary commissioner to exercise certain powers at 2
the request of the parliamentary committee.'. 3
of s 3 (Definitions) 4
Amendment
Clause 5.(1) Section 3, definition "commission"-- 5
omit. 6
(2) Section 3-- 7
insert-- 8
` "commission" means the Criminal Justice Commission constituted by 9
this Act. 10
"parliamentary commissioner" means the Parliamentary Criminal Justice 11
Commissioner.'. 12
(3) Section 3, definition "principal officer", paragraphs (a) to (c)-- 13
renumber as paragraphs (d) to (f). 14
(4) Section 3, definition "principal officer", after ` "principal 15
officer" '-- 16
insert-- 17
`, for a particular unit of public administration, means-- 18
(a) for a department--its chief executive; or 19
(b) for another unit of public administration--its chief executive 20
officer (however described) or the person who performs the 21
functions of the chief executive officer; or 22
(c) if, for this definition, a regulation prescribes an office or 23
position--the person holding or performing the duties of the 24
office or position prescribed; 25
but'. 26
(5) Section 3, definition "unit of public administration"-- 27
insert-- 28
`(da)the Queensland Corrective Services Commission established 29
s6 8 s7
Criminal Justice Legislation Amendment
under the Corrective Services (Administration) Act 1988, 1
section 9; or'. 2
(6) Section 3, definition "unit of public administration", after 3
paragraph (h)-- 4
insert-- 5
`(2) However, neither the parliamentary commissioner, nor the entity 6
consisting of the commissioner, officers and employees of the 7
parliamentary service assigned to assist the commissioner and persons 8
engaged to provide the parliamentary commissioner with services, 9
information or advice, is a unit of public administration.'. 10
(7) Section 3, definition "unit of public administration", ` "unit of 11
public administration" means--' 12
omit, insert-- 13
`Meaning of "unit of public administration" 14
`3A.(1) "Unit of public administration" means--'. 15
(8) Section 3-- 16
insert-- 17
` "unit of public administration" see section 3A.'. 18
of s 10 (Disqualifications for appointment to 19
Amendment
commission) 20
Clause 6. Section 10(1)-- 21
insert-- 22
`(g) is the parliamentary commissioner.'. 23
of s 12 (Appointment of members) 24
Amendment
Clause 7. Section 12(2), `shall consult with the chairperson.'-- 25
omit, insert-- 26
`must-- 27
(a) for selection of a member under section 9(2)(b)--cause 28
s8 9 s9
Criminal Justice Legislation Amendment
notification of the Minister's intention to make a selection to be 1
advertised statewide, calling for applications from suitably 2
qualified persons to be considered for selection; and 3
(b) in all cases--consult with the chairperson.'. 4
of s 14 (Tenure of office) 5
Amendment
Clause 8.(1) Section 14-- 6
insert-- 7
`(1A) The term of appointment of a commissioner must be specified 8
with a view to ensuring that, at any time, the offices of all commissioners 9
will not be vacant.'. 10
(2) Section 14(7)(g), `same political party in the Assembly'-- 11
omit, insert-- 12
`party or parties in government in the Legislative Assembly'. 13
of s 15 (Casual vacancy in membership) 14
Amendment
Clause 9.(1) Section 15(3), after `appointment'-- 15
insert-- 16
`for a term of 12 months or less'. 17
(2) Section 15-- 18
insert-- 19
`(4) For an appointment to a vacancy under subsection (1) for a term of 20
12 months or less-- 21
(a) of a person mentioned in section 9(2)(a)--section 12(5) does not 22
apply to the appointment; and 23
(b) of a person mentioned in section 9(2)(b)--section 12(2)(a) does 24
not apply to the appointment.'. 25
s 10 10 s 10
Criminal Justice Legislation Amendment
of new ss 16A and 16B 1
Insertion
Clause 10. After section 16-- 2
insert-- 3
in meetings by telephone etc. 4
`Participation
`16A.(1) The commission may permit commissioners to participate in a 5
particular meeting, or all meetings, by telephone, closed circuit television or 6
another way permitting contemporaneous communication with other 7
commissioners. 8
`(2) Within 7 days of participating in a meeting of the commission under 9
a permission under subsection (1), a commissioner must confirm in writing 10
to the chairperson the way the commissioner voted on business conducted 11
at the meeting. 12
`(3) A commissioner who participates in a meeting of the commission 13
under a permission under subsection (1) and complies with subsection (2) 14
for the meeting is taken to have been present at the meeting for 15
section 16(5). 16
without meetings 17
`Resolutions
`16B.(1) If at least a majority of commissioners sign a document 18
containing a statement that they are in favour of a resolution stated in the 19
document, a resolution in those terms is taken to have been passed at a 20
meeting of the commission held on-- 21
(a) the day the document is signed; or 22
(b) if the commissioners do not sign the document on the same 23
day--the day the last of the commissioners constituting the 24
majority signs the document. 25
`(2) If a resolution is, under subsection (1), taken to have been passed at 26
a meeting of the commission, each commissioner must immediately be 27
advised of the matter and given a copy of the terms of the resolution. 28
`(3) For subsection (1), 2 or more separate documents containing a 29
statement in identical terms, each of which is signed by 1 or more 30
commissioners, are taken to be a single document.'. 31
s 11 11 s 13
Criminal Justice Legislation Amendment
of s 19 (Divisions of commission) 1
Amendment
Clause 11.(1) Section 19(1) to (3)-- 2
omit, insert-- 3
`19.(1) Within the commission, there is established the official 4
misconduct division and there may be established any other organisational 5
units the commission considers necessary. 6
7
Example--
8
The commission may establish units for the following if the commission considers it
9
necessary--
10
(a) witness protection;
11
(b) intelligence;
12
(c) research.'.
(2) Section 19(4), `chairperson'-- 13
omit, insert-- 14
`commission'. 15
of s 20 (Functions, jurisdiction etc.) 16
Omission
Clause 12. Section 20-- 17
omit. 18
of s 21 (Functions) 19
Amendment
Clause 13.(1) Section 21(1)(a), `, coordinate'-- 20
omit. 21
(2) Section 21(1)(b)-- 22
omit, insert-- 23
`(b) discharge other functions appropriate to the objects of this Act.'. 24
(3) Section 21(3)(b)-- 25
omit, insert-- 26
`(b) in relation to a matter specified by the parliamentary committee 27
s 14 12 s 16
Criminal Justice Legislation Amendment
concerning a function of the commission or the administration of 1
criminal justice;'. 2
of s 24 (Role of commission members) 3
Omission
Clause 14. Section 24-- 4
omit. 5
of s 25 (Commission hearings) 6
Amendment
Clause 15. Section 25(2)-- 7
omit, insert-- 8
`(2) A hearing by the commission may, as authorised by the 9
commission, be conducted by any of the following persons-- 10
(a) the chairperson; 11
(b) the chairperson and another commissioner; 12
(c) the director of the official misconduct division; 13
(d) a commissioner who is a legal practitioner; 14
(e) an employee of the commission who is a legal practitioner; 15
(f) a legal practitioner, other than a person mentioned in 16
paragraphs (a) to (e). 17
`(3) A legal practitioner can not conduct a hearing under subsection (2)(f) 18
unless the authorisation of the legal practitioner is supported by the 19
members of the parliamentary committee unanimously or by a majority of 20
the members, other than a majority consisting wholly of members of the 21
political party or parties in government in the Legislative Assembly. 22
`(4) A person authorised to conduct a hearing under subsection (2) is 23
taken, for the purposes of the hearing, to be the commission.'. 24
of s 26 (Commission's reports) 25
Amendment
Clause 16. Section 26-- 26
insert-- 27
s 17 13 s 17
Criminal Justice Legislation Amendment
`(9) In this section-- 1
"report of the commission" means-- 2
(a) a report on a hearing conducted by the commission under 3
section 25, other than a report under section 33; or 4
(b) a research or other report prepared by the commission that the 5
parliamentary committee directs the commission to give to the 6
Speaker of the Legislative Assembly.'. 7
of s 27 (Commission's report on court procedures and 8
Amendment
confidential matter) 9
Clause 17.(1) Section 27(2), after `in relation to it'-- 10
insert-- 11
`("confidential information")'. 12
(2) Section 27-- 13
insert-- 14
`(3) If the commission decides under subsection (2)(a) not to make a 15
report to which confidential information is relevant or, in a report, the 16
commission, under subsection (2)(b), does not disclose or refer to 17
confidential information, the commission-- 18
(a) may disclose the confidential information in a separate document 19
to-- 20
(i) the Speaker of the Legislative Assembly; and 21
(ii) the Minister; and 22
(b) must disclose the confidential information in a separate document 23
to the parliamentary committee. 24
`(4) A member of the parliamentary committee or a person appointed, 25
engaged or assigned to help the committee, must not disclose confidential 26
information disclosed to the parliamentary committee or person under 27
subsection (3)(b) until the commission advises the committee there is no 28
longer a need to strictly maintain confidentiality in relation to the 29
information. 30
`(5) Despite subsection (3)(b), the commission may refuse to disclose 31
s 18 14 s 18
Criminal Justice Legislation Amendment
information to the parliamentary committee if-- 1
(a) a majority of the commissioners considers confidentiality should 2
continue to be strictly maintained in relation to the information; 3
and 4
(b) the commission gives the committee as detailed reasons as 5
possible for the decision. 6
`(6) The commission must maintain a register of information withheld 7
under subsection (5) and advise the parliamentary committee immediately 8
after the need for strict maintenance of confidentiality ceases in relation to 9
the information. 10
`(7) The parliamentary committee or a person appointed, engaged or 11
assigned to help the committee and who is authorised for the purpose by the 12
committee may, at any time, inspect in the register information the 13
commission has advised the committee is no longer required to be strictly 14
maintained as confidential. 15
`(8) Information, reasons or advice mentioned in subsections (3), (5) and 16
(6)-- 17
(a) may be given in writing or orally; and 18
(b) is not a report or part of a report for section 26. 19
`(9) The parliamentary commissioner may at any time inspect 20
information on the register, whether or not the commission has advised the 21
parliamentary committee the information is no longer required to be strictly 22
maintained as confidential. 23
`(10) The parliamentary committee may not require the parliamentary 24
commissioner to disclose to the committee information inspected by the 25
commissioner on the register, if the commission has not advised the 26
committee the information is no longer required to be strictly maintained as 27
confidential.'. 28
of new s 28A 29
Insertion
Clause 18. Part 2, division 3, after section 28-- 30
insert-- 31
s 19 15 s 20
Criminal Justice Legislation Amendment
other information to parliamentary committee 1
`Giving
`28A.(1) The commission may, with the parliamentary committee's 2
consent, give the parliamentary committee information, orally or in writing, 3
whether or not at the request of the committee, that is not included in a 4
report under section 26. 5
`(2) Section 26 does not apply to the giving of the information.'. 6
of s 29 (Role and functions) 7
Amendment
Clause 19.(1) Section 29(3), `division--'-- 8
omit, insert-- 9
`division, subject to directions or orders of, and guidelines issued by, the 10
commission--'. 11
(2) Section 29(3)(h), `chairperson'-- 12
omit, insert-- 13
`commission'. 14
of s 33 (Reports of division) 15
Amendment
Clause 20.(1) Section 33(2), from `the chairperson with' to `appropriate--'-- 16
omit, insert-- 17
`the commission and, with the authority of the commission, to 1 or more 18
of the following--'. 19
(2) After section 33(2)-- 20
insert-- 21
`(2A) Before a report is made under subsection (2), the director of the 22
official misconduct division must give any person whose conduct is 23
adversely reported on a reasonable opportunity to comment on the report or 24
relevant part of the report. 25
`(2B) Under subsection (2A) the director of the official misconduct 26
division must not disclose a report or a part of a report, if disclosure would 27
be contrary to the public interest.'. 28
(3) Section 33(3), `to the director of public prosecutions or the executive 29
s 21 16 s 21
Criminal Justice Legislation Amendment
director of the commission'-- 1
omit, insert-- 2
`under subsection (2)'. 3
(4) Section 33(6), `the director considers should remain confidential'-- 4
omit, insert-- 5
`if disclosure would be contrary to the public interest'. 6
(5) Section 33-- 7
insert-- 8
`(7) If the director of public prosecutions requires the commission to 9
make further investigation or supply further information relevant to a 10
prosecution, whether started or not, to which the content of a report made to 11
the director under subsection (2)(a) relates, the director of the official 12
misconduct division must take all reasonable steps to further investigate the 13
matter or provide the further information. 14
`(8) The commission may give directions to the director of the official 15
misconduct division about the exercise of the director's powers under 16
subsections (4), (5) or (6), including a direction that certain types of matter 17
are to be responded to by the commission.'. 18
of s 34 (Judicial review of division's activities) 19
Amendment
Clause 21.(1) Section 34, `director of the official misconduct division'-- 20
omit, insert-- 21
`commission'. 22
(2) Section 34-- 23
insert-- 24
`(2) If an application (the "costs application") is made to the court by a 25
person (the "costs applicant") who has made an application under 26
subsection (1), the court may make an order that-- 27
(a) the commission indemnify the costs applicant in relation to the 28
costs properly incurred in the injunction proceeding, on a party 29
and party basis, from the time the costs application was made; or 30
s 22 17 s 22
Criminal Justice Legislation Amendment
(b) a party to the injunction proceeding is to bear only that party's 1
own costs of that proceeding, regardless of the outcome. 2
`(3) In considering the costs application, the court must have regard to-- 3
(a) the financial resources of-- 4
(i) the costs applicant; or 5
(ii) any person associated with the costs applicant who has an 6
interest in the outcome of the injunction proceeding; and 7
(b) whether the injunction proceeding involves an issue that affects, 8
or may affect, the public interest, in addition to any personal right 9
or interest of the costs applicant; and 10
(c) whether the injunction proceeding discloses a reasonable basis for 11
the application under subsection (1). 12
`(4) The court may, at any time, on its own initiative or on the application 13
of the costs applicant or the commission, revoke or vary, or suspend the 14
operation of, an order made by it under this section after having regard to-- 15
(a) any conduct of the costs applicant, including a failure to diligently 16
prosecute the injunction proceeding; or 17
(b) any significant change affecting the matters mentioned in 18
subsection (3). 19
`(5) Subject to this section, the rules of court applying to the awarding of 20
costs apply to the awarding of costs for the injunction proceeding. 21
`(6) An appeal may be brought from an order under subsection (2) or (4) 22
only with the leave of the Court of Appeal. 23
`(7) In this section-- 24
"injunction proceeding" means an application under subsection (1) and a 25
proceeding on the application.'. 26
of s 36 (Establishment of section) 27
Amendment
Clause 22. Section 36(2) and (3), `chairperson'-- 28
omit, insert-- 29
`commission'. 30
s 23 18 s 25
Criminal Justice Legislation Amendment
of s 38 (Handling of complaints etc. by complaints 1
Amendment
section) 2
Clause 23. Section 38-- 3
insert-- 4
`(9) The official misconduct division and the complaints section must 5
comply with any orders or directions given by the commission about 6
matters to which this section applies or investigation of the matters. 7
`(10) An order or direction mentioned in subsection (9) prevails over-- 8
(a) an inconsistent direction given by the director of the official 9
misconduct division to the extent of the inconsistency; and 10
(b) an inconsistent guideline issued by the commission to the extent 11
of the inconsistency.'. 12
of div heading 13
Amendment
Clause 24. Division heading before section 56, `and coordination'-- 14
omit. 15
of s 56 (Role and functions) 16
Amendment
Clause 25.(1) Section 56(1), `and coordination division is the unit within the 17
commission that'-- 18
omit, insert-- 19
`division is the unit within the commission that, in accordance with any 20
directions of the commission,'. 21
(2) Section 56(1)(b)-- 22
omit. 23
(3) Section 56(1)(c), `chairperson and, with the chairperson's'-- 24
omit, insert-- 25
`commission and, with the commission's'. 26
(4) Section 56(2) and 56(3)(a)-- 27
omit. 28
s 26 19 s 27
Criminal Justice Legislation Amendment
(5) Section 56(3), after `function of the division'-- 1
insert-- 2
`, in accordance with any directions by the commission'. 3
(6) Section 56(3)(b), `define'-- 4
omit, insert-- 5
`research'. 6
(7) Section 56(3)(c), `develop compatible systems for, and to foster'-- 7
omit, insert-- 8
`research available resources with the objective of fostering'. 9
(8) Section 56(3)(g), `, in particular when required by the intelligence 10
division to do so'-- 11
omit. 12
(9) Section 56(3)(i), `chairperson, as the director of the division thinks 13
appropriate, or as required by the chairperson,'-- 14
omit, insert-- 15
`commission'. 16
of s 63 (Access to register) 17
Amendment
Clause 26. Section 63(b)-- 18
omit, insert-- 19
`(b) a commissioner; and'. 20
of s 64 (Employment by commission) 21
Amendment
Clause 27.(1) Section 64(1), `an executive director and'-- 22
omit. 23
(2) Section 64(2), `settle'-- 24
omit, insert-- 25
`decide'. 26
s 28 20 s 30
Criminal Justice Legislation Amendment
(3) Section 64(2), after `staff'-- 1
insert-- 2
`and changes to the salaries, wages, allowances and conditions'. 3
(4) Section 64(3), `chairperson'-- 4
omit, insert-- 5
`commission'. 6
(5) Section 64(4), `executive director,'-- 7
omit. 8
of s 66 (Engagement of services) 9
Amendment
Clause 28. Section 66, `The'-- 10
omit, insert-- 11
`Subject to section 25, the'. 12
of s 67 (Officers of commission) 13
Amendment
Clause 29. Section 67(2)-- 14
omit, insert-- 15
`(2) Subject to section 19(4), the commission may issue directions for 16
the performance of duties by officers of the commission.'. 17
of new s 68A 18
Insertion
Clause 30. Part 3, division 1-- 19
insert-- 20
of powers by chairperson of commission under pt 3 21
`Delegation
`68A.(1) The chairperson of the commission may delegate the 22
chairperson's powers under this part only with the approval of the 23
commission. 24
`(2) As soon as practicable after delegation of a power under this part, the 25
s 31 21 s 33
Criminal Justice Legislation Amendment
chairperson of the commission must give written notice of the delegation to 1
the parliamentary committee.'. 2
of s 69 (Notice to discover information) 3
Amendment
Clause 31.(1) Section 69(1), after `chairperson'-- 4
insert-- 5
`or member of the commission who is a lawyer'. 6
(2) Section 69(1), `custody'-- 7
omit, insert-- 8
`possession, custody or control'. 9
(3) Section 69-- 10
insert-- 11
`(5) A person is not compellable under a notice under this section to 12
disclose a secret process of manufacture applied by the person solely for a 13
lawful purpose.'. 14
of s 84 (Further powers of officers of commission) 15
Amendment
Clause 32. Section 84(1) and (2)-- 16
omit. 17
of s 88 (Prohibition of publication of evidence etc.) 18
Amendment
Clause 33. Section 88-- 19
insert-- 20
`(2) Unless specifically prohibited in the order, the order does not 21
prohibit a person summoned to attend before the commission -- 22
(a) informing the person's immediate family, legal representative and 23
employer the person has been summoned to attend before the 24
commission; and 25
(b) making a submission to the parliamentary committee about the 26
conduct of the commission's investigation. 27
s 34 22 s 34
Criminal Justice Legislation Amendment
`(3) Subsection (4) applies if a person (the "accused person") is 1
charged or is to be charged with an offence as a result of an investigation by 2
the commission. 3
`(4) Unless a court before which the charge is or may be brought, on 4
application by the commission, otherwise orders, an order made under 5
subsection (1) does not prohibit the giving of information relevant to the 6
charge to-- 7
(a) the director of public prosecutions; and 8
(b) if the information is not adduced at committal proceedings for the 9
charge--the accused person.'. 10
of s 90 (Hearings open to public unless commission 11
Replacement
otherwise orders) 12
Clause 34. Section 90-- 13
omit, insert-- 14
closed to the public unless commission otherwise orders 15
`Hearings
`90.(1) A hearing of the commission is to be closed to the public unless 16
the commission orders, whether before or during the hearing, that it be open 17
to the public. 18
`(2) The commission may order that the hearing be open to the public 19
only if the commission considers-- 20
(a) the hearing is of an administrative nature; or 21
(b) a closed hearing would be unfair to a person or contrary to the 22
public interest. 23
`(3) In considering whether a closed hearing would be unfair to a person 24
or contrary to the public interest, the commission must have regard to-- 25
(a) the subject matter of the hearing; and 26
(b) the nature of the evidence expected to be given. 27
`(4) For a hearing closed to the public, the commission may give a 28
direction about who may be present at the hearing. 29
`(5) A person must not knowingly contravene a direction under 30
subsection (4). 31
s 35 23 s 36
Criminal Justice Legislation Amendment
Maximum penalty--85 penalty units or 1 year's imprisonment. 1
`(6) In this section-- 2
"hearing" includes part of a hearing.'. 3
of s 94 (Obligation to adduce evidence) 4
Amendment
Clause 35.(1) Section 94(2), after `incriminate the person'-- 5
insert-- 6
`of an offence'. 7
(2) Section 94-- 8
insert-- 9
`(2A) Subsection (2) does not apply if the person has been charged with 10
the offence and the charge has not been finally dealt with by a court or 11
otherwise disposed of.'. 12
of s 98 (Inspection of material in commission's custody) 13
Amendment
Clause 36. Section 98-- 14
insert-- 15
`(2) Despite subsection (1), a member of the parliamentary committee 16
may inspect any non-operational record or thing in the commission's 17
custody and may make copies or extracts for use in connection with the 18
parliamentary committee's functions to which the record or thing is 19
relevant. 20
`(3) Despite subsection (1), the parliamentary commissioner or another 21
parliamentary commissioner officer authorised by the parliamentary 22
commissioner may inspect any record or thing in the commission's 23
custody and may make copies or extracts for use in connection with the 24
parliamentary commissioner's functions to which the record or thing is 25
relevant. 26
`(4) In this section-- 27
"non-operational record or thing" does not include a record or thing that 28
relates to an investigation by the commission that is not finalised. 29
s 37 24 s 39
Criminal Justice Legislation Amendment
"parliamentary commissioner officer" means-- 1
(a) the parliamentary commissioner; or 2
(b) an officer or employee of the parliamentary service assigned to 3
the parliamentary commissioner; or 4
(c) a person engaged to provide the parliamentary commissioner 5
with services, information or advice.'. 6
of s 102 (Disclosure to commission not breach of 7
Amendment
confidence) 8
Clause 37. Section 102, after `to the commission'-- 9
insert-- 10
`, or to an organisational unit within the structure of the commission,'. 11
of s 103 (Personal protection for witnesses etc.) 12
Amendment
Clause 38. Section 103-- 13
insert-- 14
`(2) In this section-- 15
"commission" includes an organisational unit within the structure of the 16
commission.'. 17
of new s 116A 18
Insertion
Clause 39. After section 116-- 19
insert-- 20
of parliamentary committee continues despite 21
`Membership
dissolution 22
`116A.(1) Despite section 116, from the dissolution of the Legislative 23
Assembly, the parliamentary committee consists of its members 24
immediately before the dissolution. 25
`(2) A member under subsection (1) continues to be a member of the 26
parliamentary committee until the earlier of-- 27
s 40 25 s 41
Criminal Justice Legislation Amendment
(a) the member's resignation by notice given to the clerk of the 1
Parliament; or 2
(b) the member's death; or 3
(c) fresh members are appointed by the Legislative Assembly.'. 4
of s 118 (Functions and powers) 5
Amendment
Clause 40. Section 118(1)-- 6
insert-- 7
`(g) to issue guidelines and give directions to the commission as 8
provided under this Act.'. 9
of new ss 118A to 118F and new pt 4A 10
Insertion
Clause 41. After section 118, before part 5-- 11
insert-- 12
on operation of commission 13
`Guidelines
`118A.(1) The parliamentary committee may issue guidelines to the 14
commission in relation to the conduct and activities of the commission. 15
`(2) Before issuing a guideline, the committee must consult with the 16
commission on the proposed guideline. 17
`(3) The committee must not issue a guideline unless it is supported by 18
the members of the parliamentary committee unanimously or by a majority 19
of the members, other than a majority consisting wholly of members of the 20
political party or parties in government in the Legislative Assembly. 21
`(4) The commission must comply with the guidelines. 22
to be tabled 23
`Guidelines
`118B.(1) The chairperson of the parliamentary committee must table 24
each guideline issued under section 118A in the Legislative Assembly 25
within 14 sitting days after it is issued to the commission. 26
`(2) If a guideline is not tabled under subsection (1), it ceases to have 27
effect. 28
s 41 26 s 41
Criminal Justice Legislation Amendment
of guideline 1
`Disallowance
`118C.(1) The Legislative Assembly may pass a resolution disallowing a 2
guideline under section 118A if notice of a disallowance motion is given by 3
a member within 14 sitting days after the guideline is tabled in the 4
Legislative Assembly. 5
`(2) On the day set down for its consideration under the standing rules 6
and orders of the Legislative Assembly, the Speaker must put the question 7
that the Legislative Assembly resolve to disallow the guideline. 8
`(3) If the resolution is passed, the guideline ceases to have effect. 9
saving of operation of guideline that ceases to have effect 10
`Limited
`118D. The cessation of the effect of a guideline under section 118B(2) 11
or 118C(3) does not affect anything done or suffered under the guideline 12
before the cessation. 13
by parliamentary committee to undertake investigation 14
`Directions
`118E.(1) The parliamentary committee may in writing direct the 15
commission to investigate the matters stated in the direction. 16
`(2) The committee must not give a direction unless it is supported by the 17
members of the parliamentary committee unanimously or by a majority of 18
the members, other than a majority consisting wholly of members of the 19
political party or parties in government in the Legislative Assembly. 20
`(3) The commission must-- 21
(a) investigate the matters stated in the direction diligently and in a 22
way reasonably expected of a law enforcement agency; and 23
(b) report the results of its investigation to the committee. 24
of concerns by parliamentary committee 25
`Referral
`118F.(1) This section applies if the parliamentary committee receives a 26
complaint, or has other concerns, about the conduct or activities of-- 27
(a) the commission; or 28
(b) a commissioner; or 29
s 41 27 s 41
Criminal Justice Legislation Amendment
(c) an officer of the commission; or 1
(d) a person engaged by the commission under section 66.1 2
`(2) If the committee decides to take action on the complaint or concern 3
(the "matter"), the committee may do 1 or more of the following-- 4
(a) ask the commission to give a report on the matter to the 5
committee; 6
(b) ask the commission to investigate and give a report on the matter 7
to the committee; 8
(c) ask the Queensland Police Service or another law enforcement 9
agency to investigate and give a report on the matter to the 10
committee; 11
(d) ask the parliamentary commissioner to investigate and give a 12
report on the matter to the committee; 13
(e) take other action the committee considers appropriate. 14
`(3) The commission, Queensland Police Service, parliamentary 15
commissioner or another investigative agency must investigate and report 16
on matters as asked by the committee. 17
`PART 4A--PARLIAMENTARY CRIMINAL JUSTICE 18
COMMISSIONER 19
1--Parliamentary criminal justice commissioner 20
`Division
of Parliamentary criminal justice commissioner 21
`Office
`118G.(1) There must be appointed, as an officer of Parliament, a 22
commissioner to be known as the Parliamentary Criminal Justice 23
Commissioner. 24
1 Section 66 (Engagement of services)
s 41 28 s 41
Criminal Justice Legislation Amendment
`(2) Appointment as the parliamentary commissioner may be on a 1
part-time basis. 2
for appointment as parliamentary commissioner 3
`Qualification
`118H. The parliamentary commissioner must be a person who has 4
served as, or is qualified for appointment as, a judge of-- 5
(a) the Supreme Court of Queensland; or 6
(b) the Supreme Court of another State. 7
as parliamentary commissioner 8
`Disqualifications
`118I.(1) A person is disqualified for appointment as parliamentary 9
commissioner if the person-- 10
(a) holds a judicial appointment; or 11
(b) is a member of the Legislative Assembly or the Executive 12
Council; or 13
(c) is a commissioner or officer of the commission or has been a 14
commissioner or officer of the commission within the 5 years 15
before the time at which the person's qualification for 16
appointment arises; or 17
(d) holds the appointment, director of public prosecutions; or 18
(e) is a member of the police service, or has been a member within 19
the 5 years before the time at which the person's qualification for 20
appointment arises; or 21
(f) holds an appointment in a unit of public administration or on the 22
staff of a Minister; or 23
(g) is a member, appointed by the Governor in Council, of a statutory 24
body (other than a person who is automatically a member 25
because the person is the holder of another office), or an 26
employee of a statutory body. 27
`(2) An educational institution is not a unit of public administration for 28
subsection (1)(f) or a statutory body for subsection (1)(g). 29
`(3) The parliamentary commissioner is not eligible for appointment as a 30
s 41 29 s 41
Criminal Justice Legislation Amendment
member mentioned in subsection (1)(g) and a purported appointment is 1
invalid. 2
for appointment of parliamentary commissioner 3
`Selection
`118J.(1) With a view to the selection of a person for appointment as 4
parliamentary commissioner, the Speaker of the Legislative Assembly must 5
cause notification of the parliamentary committee's intention to make a 6
selection to be advertised nationally, calling for applications from suitably 7
qualified persons to be considered for selection. 8
`(2) Subsection (1) does not apply to the reappointment of a person as 9
the parliamentary commissioner. 10
`(3) A person must not be appointed as the parliamentary commissioner 11
unless the person's appointment is supported by the members of the 12
parliamentary committee unanimously or by a majority of the members, 13
other than a majority consisting wholly of members of the political party or 14
parties in government in the Legislative Assembly. 15
of parliamentary commissioner 16
`Appointment
`118K.(1) The parliamentary commissioner must be appointed by the 17
Speaker of the Legislative Assembly as an officer of the parliamentary 18
service under the Parliamentary Service Act 1988. 19
`(2) However-- 20
(a) the parliamentary commissioner can not be dismissed or 21
suspended without the approval of the parliamentary committee; 22
and 23
(b) the Parliamentary Service Act 1988, sections 43 and 44 do not 24
apply to the position of parliamentary commissioner. 25
`(3) An approval under subsection (2)(a) must not be given unless the 26
approval is supported by the members of the parliamentary committee 27
unanimously or by a majority of the members, other than a majority 28
consisting wholly of members of the political party or parties in 29
government in the Legislative Assembly. 30
`(4) Within 7 sitting days of the appointment of the parliamentary 31
s 41 30 s 41
Criminal Justice Legislation Amendment
commissioner, the Speaker must table in the Legislative Assembly notice of 1
the appointment. 2
parliamentary commissioner 3
`Acting
`118L.(1) The Speaker of the Legislative Assembly may appoint a 4
person qualified to be the parliamentary commissioner to act as the 5
parliamentary commissioner. 6
`(2) A person must not be appointed to act as the parliamentary 7
commissioner unless the person's appointment is supported by the 8
members of the parliamentary committee unanimously or by a majority of 9
the members, other than a majority consisting wholly of members of the 10
political party or parties in government in the Legislative Assembly. 11
`(3) The Speaker must appoint a person to act as the acting parliamentary 12
commissioner if-- 13
(a) the parliamentary commissioner is absent on leave or because of 14
illness; or 15
(b) the position of parliamentary commissioner is vacant. 16
of appointment 17
`Duration
`118M.(1) The parliamentary commissioner may be appointed for a 18
term not less than 2 years and no longer than 5 years. 19
`(2) If a term of appointment is not stated in the appointment-- 20
(a) the appointment is valid; and 21
(b) the appointment is, subject to subsections (3) and (4), taken to be 22
for a term of 5 years. 23
`(3) If the appointment does not state a term of appointment, the Speaker 24
of the Legislative Assembly may at a later time decide the term of 25
appointment. 26
`(4) The parliamentary commissioner may be appointed for a further 27
term if qualified for appointment and the requirements of this part are met 28
but must not serve as the parliamentary commissioner for more than a total 29
of 5 years. 30
s 41 31 s 41
Criminal Justice Legislation Amendment
of office 1
`Vacation
`118N. The office of the parliamentary commissioner becomes vacant if 2
the commissioner-- 3
(a) completes the parliamentary commissioner's term of 4
appointment without reappointment or dies; or 5
(b) resigns by signed notice of resignation given to the chairperson of 6
the parliamentary committee; or 7
(c) becomes a patient within the meaning of the Mental Health Act 8
1974; or 9
(d) becomes an undischarged bankrupt or takes advantage of the laws 10
in force relating to bankrupt debtors; or 11
(e) becomes disqualified for appointment as parliamentary 12
commissioner as prescribed in section 118I; or 13
(f) is convicted of an indictable offence (whether on indictment or 14
summarily) or of an offence defined in section 132; or 15
(g) is removed from office by the Speaker on a recommendation of 16
the parliamentary committee supported by all or a majority of the 17
committee, being a majority other than one consisting wholly of 18
members of the political party or parties in government in the 19
Legislative Assembly. 20
of parliamentary commissioner 21
`Remuneration
`118O. The parliamentary commissioner-- 22
(a) is to be paid a salary at the rate approved by the Speaker of the 23
Legislative Assembly; and 24
(b) is entitled to the allowances for reasonable travelling and other 25
expenses approved by the Speaker. 26
of parliamentary commissioner 27
`Oath
`118P.(1) Before entering on the performance of duties as parliamentary 28
commissioner, the commissioner must take an oath or affirmation that he 29
or she-- 30
s 41 32 s 41
Criminal Justice Legislation Amendment
(a) will faithfully and impartially perform the duties of the office; and 1
(b) will not, except as provided under this Act, disclose any 2
information received under this Act. 3
`(2) The oath or affirmation is to be administered by the Speaker of the 4
Legislative Assembly. 5
and support services for parliamentary commissioner 6
`Administrative
`118Q.(1) To help the parliamentary commissioner in performing the 7
parliamentary commissioner's functions, by arrangement with the Speaker 8
of the Legislative Assembly, officers or employees of the parliamentary 9
service may be assigned and other administrative and support services may 10
be provided to the parliamentary commissioner. 11
`(2) If asked by the parliamentary committee, the Speaker may engage 12
legal practitioners and other suitably qualified persons to provide the 13
parliamentary commissioner with services, information or advice. 14
`(3) Before a person first acts under subsection (1) or (2), the person 15
must take an oath or affirmation, to be administered by the parliamentary 16
commissioner, that the person will not, except as provided under this Act, 17
disclose any information received under this part while helping the 18
parliamentary commissioner. 19
2--Functions and powers of parliamentary commissioner 20
`Division
of parliamentary commissioner 21
`Functions
`118R.(1) The parliamentary commissioner has the functions given to 22
him or her under this or another Act. 23
`(2) The parliamentary commissioner has the functions, as required by 24
the parliamentary committee, to do the following-- 25
(a) conduct audits of records kept by the commission and operational 26
files and accompanying documentary material held by the 27
commission, including current sensitive operations, including for 28
the purpose of deciding the following-- 29
(i) whether the way the commission has exercised power is 30
s 41 33 s 41
Criminal Justice Legislation Amendment
appropriate; 1
(ii) whether matters under investigation are appropriate for 2
investigation by the commission or are more appropriately 3
the responsibility of another law enforcement agency; 4
(iii) whether registers are up to date and complete and all 5
required documentation is on the file and correctly noted on 6
the registers; 7
(iv) whether required authorisations for the exercise of power 8
has been obtained; 9
(v) whether the policy and procedures guidelines set by the 10
commission have been strictly complied with; 11
(b) investigate, including by access to operational files of the 12
commission to which the parliamentary committee is denied 13
access, complaints made against, or concerns expressed about, 14
the conduct or activities of-- 15
(i) the commission; or 16
(ii) a commissioner; or 17
(iii) an officer of the commission; or 18
(iv) a person engaged by the commission under section 66;2 19
(c) independently investigate allegations of possible unauthorised 20
disclosure of information or other material that, under this Act, is 21
to be treated as confidential; 22
(d) inspect the register of confidential information kept under 23
section 27(6) to verify the commission's reasons for withholding 24
information from the parliamentary committee; 25
(e) review reports given by the commission to the parliamentary 26
committee to verify their accuracy and completeness, particularly 27
in relation to any operational matter; 28
(f) report to the parliamentary committee on the results of carrying 29
out the functions mentioned in paragraphs (a) to (e); 30
2 Section 66 (Engagement of services)
s 41 34 s 41
Criminal Justice Legislation Amendment
(g) help the parliamentary committee with the preparation of-- 1
(i) the 3 yearly review of the activities of the commission under 2
section 118(1)(f); and 3
(ii) other reports of the committee; 4
(h) perform other functions the parliamentary committee considers 5
necessary or desirable. 6
commissioner can not be required to disclose 7
`Parliamentary
particular information 8
`118S. The parliamentary commissioner can not be required by the 9
parliamentary committee to disclose to the committee information lawfully 10
withheld from the committee by the commission under section 27(2) or 11
otherwise. 12
of the parliamentary commissioner 13
`Powers
`118T.(1) The parliamentary commissioner has power to do all things 14
necessary or convenient for the performance of his or her functions. 15
`(2) For the performance of the parliamentary commissioner's functions, 16
the parliamentary commissioner may, by giving written notice to the 17
chairperson, require the chairperson or another commissioner or officer of 18
the commission to do 1 or more of the following-- 19
(a) produce to the parliamentary commissioner, or allow the 20
parliamentary commissioner access to, all records, files and 21
documents in the commission's possession, custody or control; 22
(b) give to the parliamentary commissioner all reasonable help in 23
connection with the parliamentary commissioner discharging his 24
or her functions; 25
(c) appear before the parliamentary commissioner for examination 26
on oath or affirmation. 27
`(3) For subsection (2)(c), the parliamentary commissioner may 28
administer an oath or affirmation. 29
`(4) If documents are produced to the parliamentary commissioner under 30
this part, the parliamentary commissioner may keep the documents for the 31
s 41 35 s 41
Criminal Justice Legislation Amendment
period the parliamentary commissioner considers necessary for the 1
parliamentary commissioner's functions. 2
`(5) While the parliamentary commissioner has possession of a 3
document under subsection (4), the parliamentary commissioner must 4
permit a person who would be entitled to inspect the document if it were in 5
the possession of the commission, to inspect it at all reasonable times. 6
`(6) A person required by a notice under subsection (2) to do something 7
must comply with the requirement. 8
Maximum penalty--85 penalty units or 1 year's imprisonment. 9
`(7) Subsections (2) to (6) do not limit the powers conferred on the 10
parliamentary commissioner under section 118W or another provision of 11
this or another Act. 12
commissioner to have custody of and deal with 13
`Parliamentary
records of the CJC inquiry 14
`118U.(1) Possession, custody and control of all records of the CJC 15
inquiry vest in the parliamentary commissioner. 16
`(2) The parliamentary commissioner must secure the records in the 17
parliamentary commissioner's possession, custody or control so that only 18
persons who satisfy the parliamentary commissioner that they have a 19
legitimate need of access to the data and the records are able to have access 20
to them. 21
`(3) The parliamentary commissioner must review the records with a 22
view to deciding if the records disclose any matter that should be 23
investigated by an appropriate agency (an "investigation matter"). 24
`(4) If the parliamentary commissioner considers the records disclose an 25
investigation matter, the parliamentary commissioner must refer the matter, 26
and give access to records about the matter, to the appropriate agency for 27
investigation. 28
`(5) In this section-- 29
"appropriate agency" means the commission, the Queensland police 30
service, another law enforcement agency, the parliamentary 31
commissioner for administrative investigations, the Auditor-General 32
or other agency the parliamentary commissioner considers appropriate. 33
s 41 36 s 41
Criminal Justice Legislation Amendment
"CJC inquiry" means the commission within the meaning of the 1
Commissions of Inquiry Act 1950 constituted by order in council of 2
7 October 1996 published in the gazette of that date at pages 475 and 3
476. 4
of records of CJC inquiry 5
`Relinquishment
`118V.(1) A person in possession, custody or control of records of the 6
CJC inquiry mentioned in section 118U must, on receiving the written 7
request of the parliamentary commissioner, deliver possession, custody and 8
control of the records to the parliamentary commissioner. 9
`(2) The acknowledgment of receipt by the parliamentary commissioner 10
of the records delivered under subsection (1) is a sufficient discharge to the 11
person making delivery from all responsibility for the records. 12
commissioner has powers under Commissions of 13
`Parliamentary
Inquiry Act 1950 14
`118W. For an investigation under this part-- 15
(a) the parliamentary commissioner has and may exercise all the 16
powers, rights and privileges under the Commissions of Inquiry 17
Act 1950, of a commission and the chairperson of a commission 18
within the meaning of the Act; and 19
(b) the Commissions of Inquiry Act 1950 applies to the parliamentary 20
commissioner, the investigation and the subject matter of the 21
investigation as if the matter were one into which a commission 22
constituted by the parliamentary commissioner was appointed to 23
make an inquiry under that Act. 24
obligations not to apply 25
`Confidentiality
`118X. No obligation to maintain secrecy or other restriction on the 26
disclosure of information in the possession, custody or control of-- 27
(a) the commission; or 28
(b) a person because the person is or was a commissioner, officer of 29
the commission or a person engaged by the commission under 30
s 41 37 s 41
Criminal Justice Legislation Amendment
section 66; 1
whether imposed under this or another Act or by a rule of law, applies to 2
the disclosure of information under this part. 3
not entitled to privilege 4
`Commission
`118Y. The commission is not entitled, in relation to an investigation 5
under this part, to any privilege in relation to the production of documents 6
or the giving of evidence allowed by law in legal proceedings. 7
closed to the public unless authorised by 8
`Investigations
parliamentary committee 9
`118Z.(1) An investigation by the parliamentary commissioner is to be 10
closed to the public unless the parliamentary committee authorises the 11
investigation to be open to the public. 12
`(2) In considering whether the investigation should be open to the 13
public, the committee must have regard to-- 14
(a) the subject matter of the investigation; and 15
(b) the nature of the information expected to be disclosed. 16
`(3) A decision of the parliamentary committee to authorise the 17
investigation to be open to the public must be supported by all or a majority 18
of the committee, being a majority other than one consisting wholly of 19
members of the political party or parties in government in the Legislative 20
Assembly. 21
of parliamentary commissioner and officers etc. 22
`Protection
`118ZA.(1) A parliamentary commissioner officer is not liable, whether 23
on the ground of want of jurisdiction or on another ground, to any civil or 24
criminal proceedings to which the officer would be liable apart from this 25
section for any act done, or purportedly done, under this part in good faith 26
and without negligence. 27
`(2) No civil or criminal proceedings may be brought against a 28
parliamentary commissioner officer for an act mentioned in subsection (1) 29
without the leave of the Supreme Court. 30
s 42 38 s 42
Criminal Justice Legislation Amendment
`(3) The Supreme Court may give leave under subsection (2) only if 1
satisfied there is substantial ground for claiming that the person to be 2
proceeded against has not acted in good faith or has acted negligently. 3
`(4) Despite subsections (1) to (3), no prerogative order or prerogative 4
injunction may be made or issued restraining the parliamentary 5
commissioner from carrying out, or compelling the parliamentary 6
commissioner to carry out, an investigation, and no proceedings may be 7
brought against the parliamentary commissioner by which the making or 8
issue of a prerogative order or prerogative injunction is sought. 9
`(5) A parliamentary commissioner officer may not be called to give 10
evidence or produce any document in any court, or in any judicial 11
proceedings, in relation to any matter coming to the officer's knowledge 12
while performing functions under this part. 13
`(6) In this section-- 14
"parliamentary commissioner officer" means-- 15
(a) the parliamentary commissioner; or 16
(b) an officer or employee of the parliamentary service assigned to 17
the parliamentary commissioner; or 18
(c) a person engaged to provide the parliamentary commissioner 19
with services, information or advice.'. 20
of s 120 (Application pursuant to s 34) 21
Amendment
Clause 42. Section 120-- 22
insert-- 23
`(3) A judge hearing an application under section 34,3 on the ground any 24
information or complaint does not warrant an investigation, may take or 25
receive, in closed court, evidence from the commission on the basis for the 26
investigation. 27
`(4) The applicant and any person representing the applicant must not be 28
present while evidence is being taken or received under subsection (3). 29
3 Section 34 (Judicial review of division's activities)
s 43 39 s 44
Criminal Justice Legislation Amendment
`(5) Evidence taken or received by a court under subsection (3) must not 1
be published or disclosed outside the court.'. 2
of s 123 (Application pursuant to s 82) 3
Amendment
Clause 43.(1) Section 123(2), `No'-- 4
omit, insert-- 5
`Subject to subsection (2A), no'. 6
(2) Section 123-- 7
insert-- 8
`(2A) Subsection (2) does not prevent the parliamentary committee or 9
persons authorised by the parliamentary committee searching notices, 10
reports and orders in the commission's possession, custody or control.'. 11
of s 132 (Confidentiality to be maintained) 12
Amendment
Clause 44.(1) Section 132(2), `or of this Act'-- 13
omit, insert-- 14
`, this Act or an investigation of an alleged contravention of this section'. 15
(2) Section 132(3)-- 16
omit, insert-- 17
`(3) Unless subsection (4) applies, a person must not wilfully disclose 18
information that has come to the person's knowledge from the commission 19
because the person is or was-- 20
(a) a member of the parliamentary committee; or 21
(b) the parliamentary commissioner; or 22
(c) an officer of the parliamentary service; or 23
(d) a person appointed, engaged or assigned to help the parliamentary 24
committee or the parliamentary commissioner. 25
Maximum penalty--85 penalty units or 1 year's imprisonment. 26
`(4) A person is not guilty of an offence under subsection (3) if-- 27
s 45 40 s 47
Criminal Justice Legislation Amendment
(a) the disclosure of the information is in the discharge of a function 1
of the parliamentary committee or the parliamentary 2
commissioner under this Act; or 3
(b) the information is contained in a report of the commission that 4
has been ordered by the Legislative Assembly to be printed; or 5
(c) the disclosure is for an investigation of an alleged contravention 6
of this section; or 7
(d) the information is publicly available.'. 8
of s 137 (False complaints or information) 9
Amendment
Clause 45. Section 137(1)-- 10
omit, insert-- 11
`137.(1) A person must not wilfully-- 12
(a) make, or cause to be made, a false complaint to the commission; 13
or 14
(b) otherwise give, or cause to be given, false information to the 15
commission. 16
Maximum penalty--85 penalty units or 1 year's imprisonment.'. 17
of s 143 (Proof of commission actions) 18
Amendment
Clause 46. Section 143, `and, in the absence of evidence to the contrary, 19
conclusive evidence'-- 20
omit. 21
of new s 147B 22
Insertion
Clause 47. After section 147A-- 23
insert-- 24
to give financial information to the Minister 25
`Commission
`147B. If asked by the Minister, the commission must give the Minister 26
the details of the proposed and actual expenditure of the commission set out 27
s 48 41 s 50
Criminal Justice Legislation Amendment
in the request.'. 1
of new pt 8 2
Insertion
Clause 48. After section 148-- 3
insert-- 4
`PART 8--TRANSITIONAL PROVISIONS 5
provision for Criminal Justice Legislation Amendment 6
`Transitional
Act 1997 7
`149. Despite the commencement of the Criminal Justice Legislation 8
Amendment Act 1997, section 11, any division of the commission in 9
existence before the commencement continues to exist (and continues to 10
have the functions and powers the division had immediately before the 11
commencement) until the commission decides otherwise.'. 12
PART 3--AMENDMENT OF PARLIAMENTARY 13
COMMITTEES ACT 1995 14
amended in pt 3 15
Act
Clause 49. This part amends the Parliamentary Committees Act 1995. 16
of s 6 (Application of Act to committees established by 17
Amendment
Assembly etc.) 18
Clause 50. Section 6(3), `section 26'-- 19
omit, insert-- 20
`sections 24 and 26'. 21
© State of Queensland 1997
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