Management of Corrupt Conduct Allegations Policy
The purpose of this policy is to set out how the Office of the Information Commissioner (OIC) and its staff meet the OIC’s obligations under sections 38 and 40A of the Crime and Corruption Act 2001 (Qld) (CC Act). Section 38 requires the public official to report a complaint of corrupt conduct to the Crime and Corruption Commission (CCC). Section 40A requires the public official to accurately record how they assessed complaints against the definition of corrupt conduct which have not been reported to the CCC pursuant to section 38.
2. Relevant legislation
Crime and Corruption Act 2001
Corrupt conduct is defined in section 15 of the CC Act.1
Public official is the Information Commissioner
4. OIC's obligations
Under the CC Act, if a public official reasonably suspects that a complaint, information, or matter (a complaint) involves or may involve corrupt conduct, the public official must notify the CCC2.
At the OIC, the obligation for reporting corrupt conduct under section 38 of the CC Act may also be performed by the Right to Information Commissioner, the Privacy Commissioner or the Director, Engagement and Corporate Services (DECS). If the complaint is about the Information Commissioner staff should refer to the following policy: Complaints about the Information Commissioner: Section 48A of the Crime and Corruption Act 2001.
If an OIC officer receives or encounters an allegation of corrupt conduct, eg an explicit complaint or allegation of corrupt conduct or evidence of corrupt conduct in material they are dealing with as part of their duties, they will complete the OIC Corrupt Conduct Assessment Form (PDF, 256.4 KB)3 and refer it to their supervisor. If their supervisor is not a Commissioner or Director, the supervisor will escalate the OIC Corrupt Conduct Assessment Form to their Commissioner or Director, for a decision.
5. Managing suspected corrupt conduct material
After making a decision, the Commissioner or Director will forward the completed OIC Corrupt Conduct Assessment Form, and any evidence relied upon in making the determination, to the DECS.
After receiving a completed OIC Corrupt Conduct Assessment Form, the DECS will:
- If the decision maker formed the view that there is no reasonable suspicion of corrupt conduct, include the form and any related information on the Register of Corrupt Conduct Determinations4
- If the decision maker formed the view that there is a reasonable suspicion of corrupt conduct, notify the CCC of the allegation and advise the Information Commissioner of the decision (provided the allegation is not about the Information Commissioner).
The DECS should also consider whether any other notifications or assessments need to be made in relation to the allegation.
6. Related policies
- OIC Complaints Management Procedure
- Complaints about the Information Commissioner: Section 48A of the Crime and Corruption Act 2001
1 More information about the meaning of corrupt conduct is available from the CCC: https://www.ccc.qld.gov.au/publications/changes-crime-and-corruption-act-2001-definition-corrupt-conduct-section-15.
2 Section 38 of the CC Act.
3 Based on the template provided by the CCC: https://www.ccc.qld.gov.au/sites/default/files/Docs/Publications/CCC/Corrupt-conduct-assessment-form.docx.
4 Section 40A of the CC Act details the information that must be captured as a record of any decision not to notify the CCC of an allegation of corrupt conduct.