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Part 2 Amendment of Crime and Corruption Act 2001
(4) In making a decision about making a public
statement about a corruption matter under
subsection (1), including the information to be
included in the statement, the commission must
consider the following matters—
(a) the need for accountability and transparency
in government and the public sector;
(b) whether the statement will be for the public
benefit;
(c) whether the commission has finalised its
assessment of the corruption matter, and any
action taken in relation to the corruption
matter, under section 46;
(d) the seriousness of the corruption matter;
(e) whether the statement may prejudice—
(i) any proceeding that the commission is
aware of, or any reasonably foreseeable
future proceeding, in relation to the
corruption matter; or
(ii) an investigation by the commission or
other law enforcement agency;
(f) whether the statement is the most
appropriate and suitable means of releasing
information about the corruption matter to
the public;
Examples of when a public statement may be the
most appropriate and suitable means of releasing
information—
• to provide information about a procedural
step taken by the commission in relation to a
complaint about, or information or matter
involving, corruption
• to provide factual information about the
outcome of a charge or other proceeding
resulting from a corruption investigation
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(g) if a person’s identity is readily apparent, or
can reasonably be ascertained, from the
statement—
(i) whether the standing and status of the
person warrants greater public
scrutiny; and
Examples—
• the person holds a senior role in the
public service
• the person is an independent statutory
office holder
• the person is an elected official
(ii) whether the statement may
unreasonably damage the person’s
health, safety or wellbeing; and
(iii) the seriousness of the person’s conduct;
and
(iv) whether the person consents to being
identified; and
(v) whether the statement may
unreasonably interfere with the
person’s privacy or reputation;
(h) any other relevant matter.
(5) Subsection (4) does not limit or otherwise
affect—
(a) the operation of section 57; or
(b) the application of any other law to the
commission’s decision.
Example of another law that may apply to the
commission’s decision—
Human Rights Act 2019, section 58
(6) This section does not limit section 174, other than
to the extent mentioned in section 174(3).
(7) In this section—
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Section retrieval-0002 - Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025 - Document excerpt 2 | Zoe
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Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025
Part 2 Amendment of Crime and Corruption Act 2001
information, for a statement, includes—
(a) any comments and other material that may
be included in the statement; and
(b) a fair statement of a person’s submission
that must be included in the statement under
section 69B(5) or 69D(4).
16 Amendment of s 66 (Maintaining confidentiality of
information)
(1) Section 66(1), ‘Act about reporting,’—
omit, insert—
Act or another law about reporting, or the making
of a statement to the public,
(2) Section 66(1)(a) and (b), after ‘report’—
insert—
or statement
(3) Section 66(2), from ‘report to which’ to ‘in a report’—
omit, insert—
report or statement to which confidential
information is relevant or, in a report or statement
(4) Section 66—
insert—
(5) A document mentioned in subsection (2)(a) or (b)
is not a commission report for section 69.
(6) In this section—
report includes a draft report mentioned in section
69B(2)(a)(i)(A) or 69D(2)(a)(i)(A).
statement includes a draft statement mentioned in
section 69B(2)(a)(ii)(A) or 69D(2)(a)(ii)(A).
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Part 2 Amendment of Crime and Corruption Act 2001
17 Amendment of s 68 (Giving of reasons)
Section 68(b), before ‘report’—
insert—
commission
18 Amendment of s 69 (Commission reports to be tabled)
(1) Section 69(1) and (2)—
omit.
(2) Section 69(7), ‘subsection (6)’—
omit, insert—
subsection (4)
(3) Section 69(8)—
omit, insert—
(8) This section does not apply to a commission
report to which section 65 applies.
(4) Section 69(3) to (8)—
renumber as section 69(1) to (6).
19 Insertion of new ch 2, pt 6, div 4A
Chapter 2, part 6—
insert—
Division 4A Procedural provisions
69A Definitions for division
In this division—
adverse comment, about a person, means adverse
comment, whether true or not, by any person,
including the commission, about a person whose
identity is readily apparent, or can reasonably be
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Part 2 Amendment of Crime and Corruption Act 2001
ascertained, regardless of whether the person is
identified by name.
related evidence, in relation to adverse comment
about a person, means evidence and other
information or material in the possession of the
commission on which the adverse comment about
the person is based.
related evidence summary see section 69B(2)(b).
relevant person, in relation to a commission
report, means the chairperson of the
parliamentary committee, the Speaker or the
Minister.
69B Adverse comment
(1) This section applies if the commission proposes to
make an adverse comment about a person in—
(a) a commission report required to be tabled in
the Legislative Assembly, or published,
under section 69; or
(b) a public statement.
(2) Without limiting the commission’s obligation to
provide procedural fairness to the person, before
the commission gives the commission report to a
relevant person or makes the public statement, the
commission must—
(a) give the person—
(i) in relation to a commission report—
(A) a copy of the report in draft form
(the draft report); or
(B) an extract from the draft report
containing the adverse comment;
or
(ii) in relation to a public statement—
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Part 2 Amendment of Crime and Corruption Act 2001
(A) a copy of the statement in draft
form (the draft statement); or
(B) if the draft statement applies to
more than 1 person—the part of
the draft statement that applies to
the person; and
(b) give the person a copy of any related
evidence, or a summary of the substance or
significant part of any related evidence (a
related evidence summary), that is not
contained in the draft report or extract from
the draft report, or the draft statement or part
of the draft statement; and
(c) give the person a written notice—
(i) inviting the person to make a
submission to the commission on—
(A) the draft report or extract from the
draft report, or the draft statement
or part of the draft statement; and
(B) the related evidence or related
evidence summary; and
(ii) stating the day, not earlier than 30 days
after the notice is given, by which the
submission must be made to the
commission.
(3) Within 14 days after receiving the notice, the
person may apply to the commission for an
extension of time, of no more than 60 days unless
there are exceptional circumstances, in which to
make a submission.
(4) The commission must consider any submission
received from the person by the day stated in the
notice or within any extended time for making a
submission granted by the commission or the
Supreme Court under section 69C.
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Part 2 Amendment of Crime and Corruption Act 2001
(5) If after considering a submission under subsection
(4) the commission still proposes to include
adverse comment about the person in the
commission report or public statement, the
commission must ensure the person’s submission
is also fairly stated in the report or statement.
(6) If the commission proposes to include further
adverse comment about the person in the
commission report or public statement, in
addition to the adverse comment mentioned in
subsection (1), subsections (2) to (5) apply to the
further adverse comment.
(7) Subsection (2) does not apply in relation to a
public statement if—
(a) the statement only provides a factual and
objective summary of a commission report;
and
(b) the commission has complied with this
section in relation to the report.
(8) To remove any doubt, it is declared that
subsection (2)(b) does not require the commission
to give a person a copy of evidence and other
information or material in its possession if the
commission considers the confidentiality of the
evidence, information or material should be
strictly maintained.
69C Application to court for extension of time to
make submission
(1) This section applies if—
(a) a person applies for an extension of time
under section 69B(3) (the extension
application); and
(b) the commission decides to refuse the
extension application.
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Part 2 Amendment of Crime and Corruption Act 2001
(2) The commission must give the person an
information notice for its decision.
(3) Within 14 days after receiving the information
notice, the person may apply to the Supreme
Court to decide the extension application.
(4) The commission must not give the commission
report to a relevant person or make the public
statement before—
(a) the end of the period in which a person may
apply to the Supreme Court under
subsection (3); or
(b) if an application is made under subsection
(3)—the application is decided or
withdrawn.
(5) The Supreme Court must deal with an application
under subsection (3) expeditiously.
(6) The application may be heard in closed court.
(7) The Supreme Court may hear the application in
any way it considers appropriate, including, for
example, by hearing the matter afresh.
(8) On hearing the application, the Supreme Court
may—
(a) affirm the commission’s decision; or
(b) set aside the commission’s decision and
grant an extension of time, of no more than
60 days unless there are exceptional
circumstances, within which the person may
make a submission to the commission on—
(i) the draft report or extract from the draft
report, or the draft statement or part of
the draft statement; and
(ii) the related evidence or related evidence
summary.
(9) The Supreme Court must give reasons for the
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Part 2 Amendment of Crime and Corruption Act 2001
court’s decision, which may be given orally.
(10) In this section—
information notice, for a decision, means a
written notice stating the following information—
(a) the decision;
(b) the reasons for the decision;
(c) that the person to whom the notice is given
may apply to the Supreme Court under
subsection (3) in relation to the decision;
(d) how, and the period within which, the
application may be made;
(e) the effect of subsection (4).
69D Other identifying information
(1) This section applies if—
(a) the commission proposes to include
identifying information about a person in—
(i) a commission report required to be
tabled in the Legislative Assembly, or
published, under section 69; or
(ii) a public statement; and
(b) section 69B does not apply.
(2) Before the commission report is given to a
relevant person or the public statement is made,
the commission may—
(a) give the person—
(i) in relation to a commission report—
(A) a copy of the report in draft form
(the draft report); or
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Part 2 Amendment of Crime and Corruption Act 2001
(B) an extract from the draft report
containing the identifying
information; or
(ii) in relation to a public statement—
(A) a copy of the statement in draft
form (the draft statement); or
(B) if the draft statement applies to
more than 1 person—the part of
the draft statement that applies to
the person; and
(b) give the person a written notice—
(i) inviting the person to make a
submission to the commission on the
draft report or extract from the draft
report, or the draft statement or part of
the draft statement; and
(ii) stating the day, not earlier than 30 days
after the notice is given, by which the
submission must be made to the
commission.
(3) The commission must consider any submission
received from the person by the day stated in the
notice.
(4) If the person makes a submission to the
commission in response to the notice mentioned
in subsection (2)(b) and the commission still
proposes to include the identifying information in
the commission report or public statement, the
commission must ensure the person’s submission
is also fairly stated in the report or statement.
(5) In this section—
identifying information means any comment,
information, opinion or other material that
identifies a person or from which a person can
reasonably be identified.
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Part 2 Amendment of Crime and Corruption Act 2001
20 Amendment of s 71 (Giving other information to
parliamentary committee)
Section 71, ‘a report’—
omit, insert—
a commission report given to the chairperson of
the committee
21 Omission of s 71A (Report containing adverse comment)
Section 71A—
omit.
22 Amendment of s 85AA (Giving notices by email)
Section 85AA(3), after ‘However,’—
insert—
if the person is an individual,
23 Amendment of s 174 (Commission’s powers generally)
(1) Section 174(1), after ‘functions’—
insert—
, including, for example, the power to make a
statement to the public
(2) Section 174—
insert—
(2A) The commission’s power under subsection (1) in
relation to the performance of its corruption
functions, and its prevention function to the extent
it relates to corruption, does not include power to
make a statement to the public about—
(a) a particular complaint about, or information
or matter involving, corruption; or
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Part 2 Amendment of Crime and Corruption Act 2001
(b) a particular corruption investigation.
Note—
See chapter 2, part 6, division 2A.
(3) Section 174(2A) and (3)—
renumber as section 174(3) and (4).
24 Amendment of s 214 (Unauthorised publication of
commission reports)
(1) Section 214, heading, after ‘reports’—
insert—
and other restricted information
(2) Section 214—
insert—
(2) A person who is given restricted information by
the commission under chapter 2, part 6, division
4A must not disclose the information to anyone
else unless the person has a reasonable excuse.
Example of a reasonable excuse—
giving restricted information to the person’s lawyer for
the purpose of obtaining legal advice
Maximum penalty—85 penalty units or 1 year’s
imprisonment.
(3) In this section—
commission report includes an extract from a
commission report.
disclose includes publish and give access to.
information includes a document.
public statement includes part of a public
statement.
restricted information means—
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Part 2 Amendment of Crime and Corruption Act 2001
(a) a copy of a commission report, or a public
statement, in draft form; or
(b) any evidence and other information or
material relating to a report or statement
mentioned in paragraph (a).
Example for paragraph (b)—
related evidence under section 69A
25 Amendment of s 256 (Engagement of agents)
Section 256(1), ‘To meet temporary circumstances, the’—
omit, insert—
The
26 Amendment of s 269 (Delegation—commission)
Section 269(6), table, ‘(Commission may prosecute corrupt
conduct)’—
omit, insert—
(Commission may apply to QCAT about corrupt
conduct)
27 Amendment of s 331 (Effect of pending proceedings)
Section 331(1)(b), after ‘a report’—
insert—
, under chapter 2, part 3, division 5 or part 6,
28 Replacement of s 341 (Personnel changes do not affect
commission’s power to make findings or report)
Section 341—
omit, insert—
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