Changes to the Crime and Misconduct Act 2001 and the RTI Act
The Crime and Misconduct Act 2001 was amended by the Crime and Misconduct and Other Legislation Amendment Act 2014 and is now called the Crime and Corruption Act 2001. The Crime and Misconduct Commission (CMC) is now called the Crime and Corruption Commission (CCC) and the Right to Information Act 2009 (RTI Act) has also been amended.
The main impact of the amendments on RTI and IP Act applications will arise when decision makers are applying the exemption in schedule 3, section 10(4) of the RTI Act, as the prescribed functions of the prescribed crime body, now the CCC, have changed. Official misconduct, a previous function of the CMC, has been replaced with corrupt conduct which is more narrowly defined, but still includes police misconduct. In practice, this will mean that some documents which were previously exempt under schedule 3, section 10(4) of the RTI Act may no longer be exempt under that provision after the amendments commence. However, there may be other grounds for refusal of access that apply to the documents.
Schedule 1 (Documents to which this Act does not apply), section 3 of the RTI Act has also been amended to refer to the CCC and its new corruption function. The Crime and Misconduct and Other Legislation Amendment Act 2014 commences on 1 July. When the Act commences, the amendments will apply to applications and reviews which have not yet been finalised.
Changes to the IP Act
The amendments will also affect privacy principle compliance. Section 29 of the IP Act, which allows law enforcement agencies to be noncompliant with certain IPPs, schedule 1, which sets out documents to which the privacy principles do not apply, and the definition of law enforcement agency in schedule 5 have been amended to refer to the CCC and its new functions.
For additional information and assistance please refer to the OIC’s Crime and Corruption Commission guideline