2015-03-31 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                                   31 MARCH 2015


     8                   COMPLAINTS ABOUT THE PUBLIC OFFICIAL POLICY
DOCUMENT INFORM AT ION




Author                              Executive Manager, Debra Iezzi
                                    Executive Office

Index                               ECM/ Subject/ Council Policies

Attachments                         1.    Policy “Complaints about the Public Official: section 48A of the
                                          Crime and Corruption Act 2001”
                                    2.    Letter from the Acting Director Integrity Services, Crime and
                                          Corruption Commission, dated 2 March 2015.


EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Executive Manager to the Planning & Organisation
Committee Meeting dated 31 March 2015 and:
A.                       Adopt the Noosa Council Policy “Complaints about the Public Official: section 48A of the
                         Crime and Corruption Act 2001” as set out in Attachment 1.
B.                       Submit the Noosa Council Policy “Complaints about the Public Official: section 48A of the
                         Crime and Corruption Act 2001” to the Commissioner Crime and Corruption Commission.



REPORT
Purpose
The purpose of this report is to inform Council of recent amendments to the Crime and
Corruption Act 2001 and the requirement for Council to establish a Policy for dealing with a
complaint, information or matter involving the corrupt conduct of the Chief Executive Officer
(CEO).

Background
The Crime and Corruption Act 2001 (the CC Act) came fully into effect on 1 July 2014. This
legislation amended the former Crime and Misconduct Act 2001 and established the Crime and
Corruption Commission (CCC).

The CC Act provides new definitions of corruption and corrupt conduct and has raised the
threshold of what falls within the CCC’s jurisdiction. Corrupt conduct is defined in s15(1) as

(1)                      Corrupt conduct means- conduct of a person, regardless of whether the person holds an
                         appointment, that-
                         (a) adversely affects, or could adversely affect, directly or indirectly, the performance of
                              functions or the exercise of powers of
                              (i)   a unit of public administration; or
                              (ii) a person holding an appointment; and
                         (b) results, or could result, directly or indirectly, in the performance of functions or the
                              exercise of powers mentioned in paragraph (a) in a way that:


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