Crime and Corruption Commission and Australian Criminal Intelligence Commission
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Both these agencies can compel you to provide evidence. You can be jailed if you don’t comply.
We don't give advice about this area of law
The following content is for general purposes only. Legal Aid Queensland does not provide legal advice in this area. For more information, please contact a lawyer.
When you need legal advice
Get legal advice if you are:
- being investigated by the Crime and Corruption Commission (CCC)
- called as a witness at a CCC sitting
- called as a witness at an Australian Criminal Intelligence Commission (ACIC) sitting.
How to get legal advice
The Crime and Corruption Commission
The CCC is an independent statutory body set up to prevent and reduce any incidence of major crime and corruption in the Queensland public service.
The work of the CCC includes:
- investigating major crime including organised crime, paedophilia, drug trafficking, fraud, money laundering, and homicide
- working with public sector agencies, including the Queensland Police Service (QPS) to fight misconduct and corruption
- investigate cases of potentially serious misconduct
- help recover the proceeds of crime for Queenslanders
- provide a witness protection service for Queensland
- conduct research on crime, policing and public policy matters.
Who does the CCC investigate?
The CCC investigates police misconduct and corrupt conduct in:
- state government departments, statutory bodies and agencies
- state funded organisations
- state run prisons and private Queensland prisons
- state run schools and universities
- elected officials, including state government politicians and local government councillors
- the Queensland Police Service (QPS).
The difference between corrupt conduct and police misconduct
Corrupt conduct
Corrupt conduct is sackable behaviour or criminal activity by a state organisation or public servant while performing their duties. Offences include:
- being dishonest or biased
- breaching trust
- misusing officially obtained information.
Anyone who tries to corrupt a public officer may also be guilty of corrupt conduct. The CCC cannot investigate politicians unless the matter could possibly be a criminal offence. This is because a politician can only be sacked by the people at an election, unless they are convicted of a crime.
Police misconduct
Police misconduct is disgraceful, improper or inappropriate behaviour by a police officer, or any activity that demonstrates they are unfit to be a member of the police service or does not meet the standard of conduct reasonably expected by the community.
You can lodge a complaint about serious police misconduct with the Queensland Police Service (QPS) or CCC. The QPS is legally obliged to notify the CCC about serious misconduct complaints.
The CCC has extensive powers to investigate serious misconduct and can monitor QPS's internal processes to ensure complaints are dealt with properly. The CCC can also take over the investigation, if necessary.
How to make a complaint to the CCC
To make a complaint to the Crime and Corruption Commission, you can:
The CCC will tell you the outcome of their complaint investigation if you have given them your contact details.
Making an anonymous complaint can make it harder for the CCC to investigate and you won’t be told the outcome.
If you do give your name to the CCC, it is unlikely to be made public.
CCC complaints handling
The CCC investigates every complaint, but if your issue isn’t related to major crime or misconduct, they might refer it to another organisation to follow up.
If the matter can be dealt with by the CCC, they will decide whether to investigate or ask a relevant state organisation, for example the department that employs the public servant accused of misconduct, to take action. If the CCC chooses this option, it will keep an eye on what happens to the complaint make sure it is dealt with properly.
CCC accountability
The following organisations ensure the CCC remains accountable:
- Parliamentary Crime and Corruption Committee (PCCC)
- Office of the Parliamentary Commissioner
- Supreme Court
- Public Interest Monitor
When the CCC investigates a complaint about you
The CCC will contact you for your side of the story. You should get legal advice before talking to the CCC.
When the CCC proves misconduct
The CCC only investigates and makes recommendations about what should happen to a state organisation or public servant. It cannot find anyone guilty of a crime or discipline them for misconduct, only a court can do that.
The CCC can recommend:
- a public servant be prosecuted for a crime
- a public servants employer disciplines them
- an organisation change its processes.
When a complaint is unproven
If a misconduct complaint is investigated and found to be:
- unproven, due to a lack of evidence—that will be the end of the matter
- trivial or malicious—nothing will happen to the official you complained about
- made falsely—the person who made the complaint may be prosecuted.
How does the CCC prevent organised crime?
The CCC helps prevent major crime and misconduct by:
- analysing investigation results
- analysing systems used by public organisations
- reporting on ways to prevent major crime and misconduct
- making recommendations to the public sector based on the outcomes of their analysis.
Being called as a witness by the CCC
The CCC has the power to conduct ‘coercive hearings’, which means it can call you as a witness even if you don’t agree.
If the CCC calls you as a witness, it is illegal to refuse to:
- answer questions without a reasonable excuse. The right to silence does not apply.
- produce documents or other materials as requested without a reasonable excuse.
- take an oath.
The penalty for this type of offence is mandatory imprisonment (unless exceptional circumstances apply), which must be served wholly in a jail.
You do have the right to legal representation and an interpreter, if needed.
If you are called as a witness by the CCC, get legal advice immediately.
Financial help is available to attend a CCC crime investigation hearing.
Apply for financial help
Witness protection program
Anyone in danger for helping a law enforcement agency (regardless of whether they were a court witness) can participate in the witness protection program.
More information
Find out more about the Crime and Corruption Commission
Australian Criminal Intelligence Commission
The Australian Criminal Intelligence Commission (ACIC) is a national statutory authority created to combat serious and organised crime. ACIC provides intelligence, investigation and criminal database services, and has wide powers to obtain information that can’t be accessed through traditional policing methods.
Being called as a witness by ACIC
ACIC has ‘coercive hearing’ powers and can summon witnesses to give evidence to as part of an investigation.
If you are called as an ACIC witness, it is illegal to refuse to:
- appear before an examiner
- give evidence
- provide documents or other materials to an examiner.
The penalty for refusing to be a witness is usually jail time.
Get legal advice if you are called as a witness by ACIC.
You can apply to the Commonwealth Attorney-General for financial help with your legal costs.
Download an application form.
More information
Find out more about the Australian Criminal Intelligence Commission.
How to get legal advice
We do not provide advice on this matter.
If you are being investigated by the CCC for misconduct, you should speak to a private solicitor.
Other places to get legal advice:
Who else can help?
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Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
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