The High Court has ruled Queensland’s anti-corruption watchdog cannot publicly air allegations involving a former senior public servant, potentially assisting a similar case brought by the state’s former treasurer.
The Crime and Corruption Commission (CCC) was granted leave in December last year to challenge a Queensland Court of Appeal decision that the commission’s draft report on Peter Carne was not subject to parliamentary privilege and could not be released.
The CCC had appealed on the basis that the parliament’s free speech privilege applied to a draft report on allegations against Mr Carne because it was prepared or presented to the Parliamentary Crime and Corruption Committee in June 2020.
The full bench of the High Court delivered its judgment on Wednesday and dismissed the appeal with costs.
“The facts do not support a finding that the Parliamentary Crime and Corruption Committee elected to keep the (CCC’s) October draft for the purpose of transacting its business,” the judgment said.
Former Queensland treasurer Jackie Trad is fighting to stop the commission from releasing a report on allegations she intervened in the recruitment of a senior public servant in 2019.
Ms. Trad’s case had been adjourned, awaiting an outcome in the CCC’s appeal.
After the judgment was handed down on Wednesday, the Queensland government said it was considering the decision.
Mr. Carne was a Public Trustee of Queensland from 2009 to 2014, a role that involves holding powers of attorney over citizens who cannot manage their own affairs, as well as managing deceased estates and holding unclaimed money.
The High Court’s latest judgment noted that on June 25, 2018, the CCC received an anonymous complaint alleging Mr. Carne had been involved in corrupt conduct and was guilty of maladministration.
The CCC started investigating Mr. Carne in September 2018 after further correspondence was received from the same person.
In April 2020, the CCC wrote to the Acting Public Trustee, making a number of recommendations as to the operation of the Public Trust Office.
“The topics to which recommendations were addressed included ... the use of corporate credit cards; the taking of leave and applications for leave; the development of policies relating to the taking of external studies; and the development of codes of conduct as to standards of behaviour,” the High Court said.
