Queensland's Crime and Corruption Commission (CCC) is facing an overhaul after an inquiry triggered by the sacking of Logan City Council in 2019 handed down its report.
The inquiry, headed by former judge Tony Fitzgerald, supported findings by the Parliamentary Crime and Corruption Committee (PCCC) that the CCC "breached its duty to act, at all times, independently and impartially" in assisting former Logan City Council chief executive Sharon Kelsey in an industrial relations matter.
Former Mayor Luke Smith and seven councillors were arrested and charged with fraud in 2019 by a police officer seconded by the CCC after then-chief executive Alan MacSporran approved the charges.
This led to the entire council being dismissed by the Minister for Local Government of the day, Stirling Hinchcliffe.
These charges were discontinued in 2021, and the report co-authored by Mr Fitzgerald and former judge Alan Wilson states CCC documents relevant to the charges did not make any specific references to key elements of fraud, such as dishonesty.
After reviewing the PCCC inquiry into the Logan City Council sacking, Mr Fitzgerald and Mr Wilson said the PCCC "quite properly" rasied questions about impartiality and public trust in the Crime and Corruption Commission.
Mr Fitzgerald and Mr Wilson also say elements of the CCC's structure and its use of seconded police officers were inherently risky, and that the focus of operations was heavily in favour of law enforcement rather than prevention of corruption within organisations.
The report also concludes the Crime and Corruption Commission lacked appropriate internal and external checks and balances, and recommends a total of 32 changes to be implemented, including:
- Greater civilianisation of the CCC's Corruption Division, and reducing the number of seconded police officers to the minimum required
- Better training of corruption investigators
- Greater oversight of the Corruption Division
- Requiring that the CCC seek the opinion of the Director of Public Prosecutions prior to charges being laid by a seconded police officer, barring exceptional circumstances
In a statement, Premier Annastacia Palaszczuk said she welcomed the report's recommendations, and that her government would consider them at a later date.
"It is vital that the democratic institutions of our State are respected and protected and wherever possible improved," she said.
"It's thanks to the Fitzgerald Inquiry that Queensland has a permanent anti-corruption watchdog that has served us for the past 30 years.
"It's thanks to this Commission of Inquiry that we will have an even better anti-corruption body to serve us into the future."