CRIME AND MISCONDUCT ACT 2001

Queensland Consolidated Acts

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

CRIME AND MISCONDUCT ACT 2001

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement
3. Act binds all persons

Part 2--Purpose

4. Act's purposes
5. How Act's purposes are to be achieved

Part 3--Overview

6. Purpose of pt 3
7. Crime and Misconduct Commission
8. Crime Reference Committee
9. Parliamentary Crime and Misconduct Committee
10. Parliamentary Crime and Misconduct Commissioner
11. Public Interest Monitor

Part 4--Interpretation

Division 1--Definitions

12. Definitions
13. Notes in text

Division 2--Official misconduct

14. Definitions for div 2
15. Meaning of official misconduct
16. Conduct happening over time, or at any time, may be official misconduct
17. Conduct outside Queensland may be official misconduct
18. Conspiracy or attempt to engage in conduct may be official misconduct
19. Official misconduct not affected by time limitations

Division 3--Units of public administration

20. Meaning of unit of public administration
21. Holding appointment in unit of public administration

Division 4--References to major crime and misconduct

22. References to major crime or misconduct include suspected major crime or suspected misconduct

Division 5--Terrorist acts

22A. Meaning of terrorist act

CHAPTER 2--COMMISSION FUNCTIONS, INVESTIGATIONS AND REPORTING

Part 1--Prevention

23. Commission's prevention function
24. How commission performs its prevention function

Part 2--Major crime

Division 1--Major crime function

25. Commission's major crime function
26. How commission performs its crime function

Division 2--Referrals by reference committee

26A. Definitions for div 2
27. Referrals to commission
28. Matters about which the reference committee must be satisfied before making a referral
29. Reference committee may give commission directions about investigations
29A. Reference committee must consider whether to give commission directions in relation to particular crime investigation under general referral
30. Amendment of referral to investigate
30A. Review and lapse of general referrals
31. Referrals to police service

Division 3--Dealing with major crime

32. Police task forces and other operational agreements

Part 3--Misconduct

Division 1--Misconduct functions

33. Commission's misconduct functions
34. Principles for performing misconduct functions
35. How commission performs its misconduct functions

Division 2--How to make a complaint

36. Complaining about misconduct

Division 3--Duty to notify

37. Duty to notify commission of police misconduct
38. Duty to notify commission of official misconduct
39. Duty to notify is paramount
40. Commission may issue directions about how notifications are to be made

Division 4--Dealing with complaints
Subdivision 1--Commissioner of police

41. Responsibility of commissioner of police
42. Dealing with complaints—commissioner of police
Subdivision 2--Other units of public administration
43. Responsibility of public officials, other than the commissioner of police
44. Dealing with complaints—public officials other than the commissioner of police
Subdivision 3--Commission
45. Responsibility of commission
46. Dealing with complaints—commission
47. Commission's monitoring role for police misconduct
48. Commission's monitoring role for official misconduct

Division 5--Action following investigation

49. Reports about complaints dealt with by the commission
50. Commission may prosecute official misconduct
51. Other action for misconduct

Part 4--Research, intelligence and other functions

Division 1--Research

52. Research functions

Division 2--Intelligence

53. Intelligence functions
54. Database of intelligence information
55. Sharing of intelligence information

Division 3--Other functions

56. Commission's other functions

Part 5--Performance of functions

57. Commission to act independently etc.
58. Independence of holders of judicial office
59. Commission to cooperate with other entities
60. Commission may give evidence or information to other entities
61. Commission's functions not to limit proper performance of similar functions by other entities
62. Restriction on access

Part 6--Reporting

Division 1--Application

63. Application of pt 6

Division 2--Commission reports

64. Commission's reports—general
65. Commission reports—court procedures

Division 3--Confidential information

66. Maintaining confidentiality of information
67. Register of confidential information
68. Giving of reasons

Division 4--Tabling requirements

69. Commission reports to be tabled

Division 5--General

70. Giving material to tribunal inquiring into judge's misbehaviour or incapacity
71. Giving other information to parliamentary committee

CHAPTER 3--POWERS

Part 1--Particular powers to require information or attendance

Division 1--Particular powers in relation to units of public administration
Subdivision 1--Crime investigations

72. Power to require information or documents
Subdivision 2--Misconduct investigations
73. Power to enter etc.

Division 2--Notice to produce or discover
Subdivision 1--Crime investigations and witness protection function

74. Notice to produce for crime investigation or witness protection function
Subdivision 1A--Confiscation related investigations
74A. Notice to produce for confiscation related investigation
Subdivision 2--Misconduct investigations
75. Notice to discover information

Division 2A--Further power to require production of documents or things at hearing

75A. Application of div 2A
75B. Power to require immediate production

Division 3--Procedure on claim of privilege
Subdivision 1--Crime investigations

76. Application of sdiv 1
77. Commission officer to consider claim
78. Procedure for documents subject to claim of privilege
Subdivision 1A--Confiscation related investigations
78A. Application of sdiv 1A
78B. Commission officer to consider claim of privilege
78C. Procedure for documents subject to claim of privilege
Subdivision 2--Misconduct investigations
79. Application of sdiv 2
80. Commission officer to consider claim of privilege
81. Procedure for documents subject to claim of privilege

Division 4--Notice to attend

82. Notice to attend hearing—general
83. Notice to attend hearing—prisoner, patient or forensic disability client

Division 5--Confidential documents

84. Notice may be a confidential document

Division 6--Restriction on power

85. Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge

Part 2--Search warrants generally

86. Search warrant applications
87. Issue of search warrant
88. Order in search warrants about documents
89. Search warrant may be a confidential document
90. When search warrant ends
91. What search warrant must state
92. Powers under search warrants
93. Copy of search warrant to be given to occupier
94. Limitation on search warrant powers for misconduct investigations

Part 3--Search of place to prevent loss of evidence

95. Application of part
96. Search to prevent loss of evidence
97. Post-search approval
98. Making of post-search approval order
99. Appeal

Part 4--Searching persons

Division 1--General provisions

100. General provisions about searches of persons
101. Taking a person to another place for search
102. Limitation on period of detention for search
103. Dealing with persons who obstruct search of person

Division 2--Searches involving removal of clothing

104. Application of division
105. Removal of clothing for search
106. Protecting the dignity of persons during search
107. Special requirements for searching children and persons with impaired capacity
108. If video cameras monitor place where person is searched

Part 5--Seizing property

109. Definitions for pt 5
110. General power to seize evidence—crime investigation
110A. General power to seize evidence—confiscation related investigation
111. General power to seize evidence—misconduct investigation
112. Receipt for seized property
113. Application for order in relation to seized things
114. Orders magistrate may make in relation to seized thing
115. Disposal of seized things at end of proceeding
116. Right to inspect seized documents
117. Return of seized things
118. Application by owner etc. for return of things
119. Application by commission officer for order if ownership dispute

Part 5A--Monitoring and suspension orders

Division 1--Interpretation and application

119A. Meaning of financial institution
119B. Application of pt 5A

Division 2--Monitoring orders

119C. Monitoring order applications
119D. Making of monitoring order
119E. What monitoring order must state
119F. When period stated in monitoring order starts
119G. Offence to contravene monitoring order
119H. Existence and operation of monitoring order not to be disclosed

Division 3--Suspension orders

119I. Suspension order application
119J. Making of suspension order
119K. What suspension order must state
119L. When period stated in suspension order starts
119M. Contravention of suspension order
119N. Existence and operation of suspension order not to be disclosed

Part 6--Surveillance devices

Division 1--Non-application of Public Records Act 2002

120. Public Records Act 2002 does not apply to divs 2–3

Division 2--Use of surveillance devices under warrant of Supreme Court judge

121. Surveillance warrant applications
122. Who may be present at consideration of application for surveillance warrant
123. Consideration of application for surveillance warrant
124. Issue of surveillance warrant
125. What surveillance warrant must state
126. Report on use of surveillance devices
127. Duration and extension of surveillance warrants
128. Power under surveillance warrants

Division 3--Other provisions about surveillance devices

129. Restriction about records and access to surveillance warrant applications etc.
130. Disclosure of information obtained using surveillance warrant
131. Destruction of records

Part 6A--Controlled operations and controlled activities for misconduct offences

Division 1--Preliminary

132. Object of pt 6A
133. Investigation of minor matters not affected
134. Lawfulness of particular actions
135. Controlled operations and activities generally

Division 2--Controlled operations committee

136. Declaration of controlled operations committee
137. Committee's functions
138. Provisions applying to committee and committee's annual report

Division 3--Approval of controlled operations

139. Application for approval
140. Application must be referred to committee
141. Particular controlled operations
142. Procedure in urgent circumstances other than if s 141 applies
143. Consideration and approval of application
144. What approval must state
145. Effect of approval

Division 4--Variation of approval for controlled operation

146. Application to vary approval
146A. Application must be referred to committee
146B. Particular controlled operations
146C. Procedure in urgent circumstances other than if s 146B applies
146D. When approval may be given
146E. How approval may be varied

Division 6--Authorising controlled activities

146I. Authorised controlled activities

Division 7--Miscellaneous

146J. Disclosure of information
146K. Protection from liability
146L. Admissibility of evidence obtained through controlled operation
146M. Evidentiary provision
146N. Powers not to be delegated

Part 6B--Assumed identities

Division 1--Preliminary

146O. Purpose of pt 6B
146P. How purpose is achieved
146Q. Definitions for pt 6B
146R. Public Records Act 2002 does not apply to divs 2–7

Division 2--Authorities for assumed identities

146S. Application for authority to acquire or use assumed identity
146T. Deciding application
146U. Form of authority
146V. Period of authority
146W. Variation or cancellation of authority
146X. Review of authority

Division 3--Evidence of assumed identities
Subdivision 1--Creation of birth certificates for assumed identities

146Y. Approval for creation of birth certificate for assumed identity
146Z. Giving effect to birth certificate approval
146ZA. Destruction of birth certificate created under s 146Z
Subdivision 2--Other provisions about evidence of assumed identities
146ZB. Request for evidence of assumed identity
146ZC. Government issuing agency to comply with request
146ZD. Non-government issuing agency may comply with request
146ZE. Cancelling evidence of assumed identity
Subdivision 3--Protections and indemnities
146ZF. Protection from criminal responsibility—officer of issuing agency
146ZG. Indemnity for issuing agency and officers in relation to creation of birth certificates
146ZH. Indemnity for issuing agency and officers in relation to other evidence of assumed identities
146ZI. Protection from criminal responsibility for particular ancillary conduct

Division 4--Effect of authorities

146ZJ. Assumed identity may be acquired and used
146ZK. Protection from criminal responsibility—authorised person
146ZL. Indemnity for authorised person
146ZM. Particular qualifications
146ZN. Effect of being unaware of variation or cancellation of authority

Division 5--Misuse of assumed identity and information

146ZO. Misuse of assumed identity
146ZP. Disclosing information about assumed identity

Division 6--Reporting and record keeping

146ZQ. Report about authorities for assumed identities etc.
146ZR. Record keeping
146ZS. Audit of records

Division 7--Delegation

146ZT. Delegation generally
146ZU. Delegation—chairperson

Part 7--Covert searches for crime investigations

147. Application of pt 7
148. Covert search warrant applications
149. Who may be present at consideration of application
150. Consideration of application
151. Issue of covert search warrant
152. What covert search warrant must state
153. Duration and extension of covert search warrant
154. Restriction about records and access to covert search warrant applications
155. Powers under covert search warrant
156. Report on covert search

Part 8--Additional powers with court's approval

157. Application of pt 8
158. Additional powers warrant applications
159. Who may be present at consideration of application
160. Consideration of application
161. Issue of additional powers warrant
162. What additional powers warrant must state
163. Duration and extension of additional powers warrant
164. Restriction about records and access to additional powers warrant applications
165. Powers under additional powers warrant

Part 9--Warrants register

166. Register of warrants, warrant applications etc.

Part 10--Arrest warrants

167. Arrest warrant application
168. Issue of arrest warrant
169. What arrest warrant authorises
170. Provision for overnight detention
171. Person's liability for noncompliance with attendance notice unaffected by issue of arrest warrant

Part 11--General

172. Commission officer may use assistance in exercising particular powers
173. Protection for assistants from liability
174. Commission's powers generally
175. Supplying officer's details

CHAPTER 4--HEARINGS AND DECIDING CLAIMS OF PRIVILEGE AND EXCUSE

Part 1--Proceedings

176. Commission may hold hearings
177. Whether hearings are to be open or closed
178. Who must conduct hearings
179. Who may be present at closed hearings
180. Conduct of hearings
181. Legal representation and examination
182. Right to interpreter

Part 2--Refusals and claims of privilege and reasonable excuse

Division 1--Refusal to be sworn

183. Refusal to take oath

Division 2--Refusal to produce
Subdivision 1--Crime investigations and witness protection function

184. Application of sdiv 1
185. Refusal to produce—claim of reasonable excuse
186. Return of sealed documents or things for decision on claim of privilege at hearing
Subdivision 2--Misconduct investigations
187. Application of sdiv 2
188. Refusal to produce—claim of reasonable excuse

Division 3--Refusal to answer
Subdivision 1--Crime investigations and witness protection function

189. Application of sdiv 1
190. Refusal to answer question
Subdivision 2--Misconduct investigations
191. Application of sdiv 2
192. Refusal to answer question

Division 4--Deciding claims
Subdivision 1--Crime investigations and witness protection function

193. Application of sdiv 1
194. Presiding officer to decide whether refusal to answer questions or produce documents or things is justified
195. Appeals to Supreme Court
Subdivision 1A--Confiscation related investigations
195A. Application of sdiv 1A
195B. Supreme Court to decide claim of privilege
Subdivision 2--Misconduct investigations
196. Supreme Court to decide claim of privilege

Division 5--Restrictions on use

197. Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion

Part 3--Contempt

198. Contempt of person conducting commission hearing
199. Punishment of contempt
200. Conduct that is contempt and offence

Part 4--General

201. Commission must give evidence to defence unless court certifies otherwise
202. Publication of names, evidence etc.
203. Protection of members, legal representatives and witnesses
204. Allowances for witness
205. Legal assistance for crime investigations

CHAPTER 5--OFFENCES AND DISCIPLINARY PROCEEDINGS RELATING TO MISCONDUCT

Part 1--Offences

206. Application of Criminal Code
207. Pretending to be a commission officer
208. Abuse of office in commission
209. Bribery of commission officer
210. Obstruction or delay of commission procedures
211. Injury or detriment to witness
212. Offence of victimisation
213. Secrecy
214. Unauthorised publication of commission reports
215. Resisting exercise of powers
216. Frivolous or vexatious complaint
217. False or misleading statements
218. False or misleading documents
219. Proceedings for an offence

Part 2--Disciplinary proceedings relating to misconduct

Division 1--Preliminary

219A. Purposes of disciplinary proceedings
219B. Definitions for pt 2
219BA. Meaning of reviewable decision

Division 2--QCAT's jurisdiction

219C. Jurisdiction
219D. Jurisdiction relating to allegations of official misconduct against prescribed persons is exclusive
219DA. QCAT hearing in relation to prescribed person whose employment or appointment has ended
219E. Relationship with Industrial Relations Act 1999

Division 3--Proceedings

219F. Proceedings relating to official misconduct
219G. Proceedings relating to reviewable decisions
219H. Conduct of proceedings relating to reviewable decisions

Division 4--QCAT's powers

219I. Powers for official misconduct
219IA. QCAT powers for prescribed persons whose employment or appointment ends
219J. Additional power for reviewable decisions
219K. QCAT may refer matter for investigation
219L. QCAT's power to suspend orders

Division 5--Appeals

219M. Appeal from QCAT exercising original jurisdiction

CHAPTER 6--ADMINISTRATION

Part 1--Crime and Misconduct Commission

Division 1--Establishment of Crime and Misconduct Commission

220. Establishment
221. Commission has common seal etc.
221A. Commission is a statutory body
222. Excluded matter for Corporations Act

Division 2--Commissioners
Subdivision 1--Membership and appointment

223. Membership of the commission
224. Qualifications for appointment as the chairperson
225. Qualifications for appointment as a part-time commissioner
226. Disqualification as commissioner
227. Advertising and nominations for appointment
228. Consultation before nominating persons for appointment
229. Appointment of chairperson
230. Appointment of part-time commissioners
Subdivision 2--Other provisions about appointment
231. Duration of appointment
232. Terms of appointment
233. Preservation of rights
234. Leave of absence
235. Resignation
236. Termination of appointment
237. Acting chairperson
238. Disclosure of interests by commissioners

Division 3--Assistant commissioners and senior officers
Subdivision 1--Appointment

239. Assistant commissioner, crime and assistant commissioner, misconduct
240. Qualifications for appointment as an assistant commissioner
241. Disqualification as an assistant commissioner
242. Advertising and nominations for appointment
243. Consultation before nominating persons for appointment
244. Appointment of assistant commissioners
245. Senior officers
246. Disqualification as a senior officer
Subdivision 2--Other provisions about appointment
247. Duration of appointment
247A. Notice to parliamentary committee
248. Basis of employment for assistant commissioners or senior officers
249. Preservation of rights
250. Acting assistant commissioner

Division 4--Roles of chairperson and assistant commissioners

251. Role of chairperson
252. Role of assistant commissioner, crime
253. Role of assistant commissioner, misconduct

Division 5--Commission staff and agents

254. Commission staff
255. Secondment of officers
256. Engagement of agents
257. Commission officers
258. Superannuation schemes

Division 6--Performance accountability

259. Budget and performance
260. Performance

Division 7--Meetings and other business of commission

261. Conduct of business
262. Assistant commissioners to attend meetings
263. Times and places of meetings
264. Quorum
265. Presiding at meetings
266. Conduct of meetings
267. Disclosure of interests
268. Minutes

Division 8--Delegations and authorised commission officers

269. Delegation—commission
270. Delegation—chairperson
271. Delegation—assistant commissioner
272. Authorised commission officer
273. Commission officer's identity card

Part 2--Crime Reference Committee

Division 1--Establishment of Crime Reference Committee

274. Establishment

Division 2--Functions and support

275. Functions of reference committee
276. Commission to give committee administrative support

Division 3--Oversighting role

277. Reference committee may obtain information from commission

Division 4--Provisions about membership

278. Membership of reference committee
279. Deputy committee member
280. Duration of appointment of appointed member
281. Terms of appointment of appointed member
282. Resignation of appointed member
283. Termination of appointment of appointed member

Division 5--Meetings and other business

284. Conduct of meetings and other business
285. Times and places of meetings
286. Quorum
287. Presiding at meetings
288. Conduct of meetings
289. Disclosure of interests
290. Minutes

Part 3--Parliamentary Crime and Misconduct Committee

Division 1--Establishment of parliamentary committee

291. Establishment of parliamentary committee

Division 2--Functions

292. Functions

Division 3--Powers

293. Powers
294. Directions by parliamentary committee to undertake investigation
295. Referral of concerns by parliamentary committee
296. Guidelines on operation of commission
297. Guidelines to be tabled
298. Disallowance of guideline
299. Limited saving of operation of guideline that ceases to have effect

Division 4--Membership

300. Membership of parliamentary committee
301. Membership of parliamentary committee continues despite dissolution

Division 5--Meetings

302. Quorum and voting at meetings of parliamentary committee

Part 4--Parliamentary crime and misconduct commissioner

Division 1--Establishment of office of parliamentary commissioner

303. Office of parliamentary crime and misconduct commissioner

Division 2--Provisions about appointment

304. Qualification for appointment as parliamentary commissioner
305. Disqualifications as parliamentary commissioner
306. Selection for appointment of parliamentary commissioner
307. Appointment of parliamentary commissioner
308. Acting parliamentary commissioner
309. Duration of parliamentary commissioner's appointment
310. Terms of parliamentary commissioner's appointment
311. Resignation
312. Termination of appointment
313. Oath of parliamentary commissioner

Division 3--Functions and support

314. Functions of parliamentary commissioner
315. Administrative and support services for parliamentary commissioner
316. Parliamentary commissioner can not be required to disclose particular information

Division 4--Powers

317. Powers of the parliamentary commissioner
318. Parliamentary commissioner may conduct hearings in limited circumstances
319. Notice may be a confidential document
320. Intelligence data review

Division 5--General

321. Confidentiality obligations not to apply
322. Commission not entitled to privilege
323. Parliamentary commissioner's report subject to Parliamentary privilege

Part 5--Public interest monitor

Division 1--Appointment of public interest monitor

324. Public interest monitor
325. Acting monitor

Division 2--Functions

326. Monitor's functions
327. Minister's guidelines

Division 3--General

328. Monitor's annual report

CHAPTER 7--GENERAL

329. Duty of chairperson to notify improper conduct to the parliamentary committee
330. Persons subject to criminal history check
331. Effect of pending proceedings
332. Judicial review of commission's activities in relation to official misconduct
333. Effect of further factors on order
334. Application under s 332
335. Protecting officials and others from liability
336. Protection of parliamentary commissioner and officers etc.
337. Protection from liability
338. Protection of witnesses etc.
339. Record of execution of warrant
340. Evidentiary aids
341. Personnel changes do not affect commission's power to make findings or report
342. Inspection and use of material in commission's possession
343. Information disclosure and privilege
344. Injunctions
345. Authority to administer oaths
346. Commissions of Inquiry Act 1950 prevails over this Act
347. Review of Act and commission's operational and financial performance
348. Regulation-making power

CHAPTER 8--REPEALS AND TRANSITIONAL, DECLARATORY, AND SAVINGS PROVISIONS

Part 1--Repeal provisions

349. Repeals

Part 2--Crime and Misconduct Act 2001

350. Definitions for pt 2
351. References to repealed Acts and former titles
352. Assets, rights and liabilities
353. Proceedings
354. Continuation of complaints
355. Continuation of references
356. Offences
357. Chairperson of the criminal justice commission
358. Commissioners of the criminal justice commission
359. Crime commissioner
360. Management committee
361. Parliamentary committee
362. Parliamentary commissioner
363. Employees
364. Right of return to public service
365. Contract employees
366. Accrued entitlements
367. Public interest monitor
368. Special provisions for transitional office holders
369. Provision for selection processes started before the commencement
370. Provision for selection processes for roles of chairperson and assistant commissioners
371. Warrants
372. Notices
373. Action taken by parliamentary commissioner
374. Parliamentary commissioner to have possession of and deal with records of the CJC inquiry
375. Data and records of commission of inquiry
375A. Orders made by criminal justice commission or Queensland crime commission
375B. Confidential material under the Crime Commission Act

Part 3--Cross-Border Law Enforcement Legislation Amendment Act 2005

376. Definitions for pt 3
377. Transitional provisions for pre-commencement day referrals to committee
378. Transitional provisions for controlled operations
379. Transitional provision for pre-commencement day recommendations
380. Transitional provision for covert operatives
381. Transitional provisions for authorities for birth certificates
382. Identity documents other than birth certificates

Part 4--Crime and Misconduct and Other Legislation Amendment Act 2006

383. Declaration about repeal of Cross-Border Law Enforcement Legislation Amendment Act 2005, s 73(3)

Part 5--Justice Legislation Amendment Act 2008

384. Declaration about local governments and joint local governments

Part 6--Criminal Code and Jury and Another Act Amendment Act 2008

385. Declaration

Part 7--Crime and Misconduct Amendment Act 2009

386. Validation of referrals
387. Declaration
388. Preservation of limitations and amendments
389. Validation of crime investigations
390. Validation of use of information or evidence obtained by crime investigations conducted under referrals
391. Review and lapsing of general referrals

Part 8--Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009

392. Transitional provision for prescribed person
SCHEDULE 2 -- DICTIONARY
Endnotes

[Index] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]