Lee v Crime and Corruption Commission & Anor

[2016] QCA 145

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Statutory authorities
3. › Crime and Corruption Commission
4. › Monitoring role
5. › Power to assume responsibility for investigation
6. › Whether power exhausted by decision of public official to deal with complaint by managerial action
7. › Crime and Corruption Act 2001 (Qld), ss 47, 48
1. Police
2. › External oversight
3. › Disciplinary proceedings
4. › Corrupt conduct by police officer
5. › Interaction between Commissioner of Police and Crime and Corruption Commission
6. › Whether decision to take managerial action precludes CCC from assuming investigation
7. › Crime and Corruption Act 2001 (Qld), ss 33, 34, 41, 42, 45, 46, 47, 48
1. Statutory Interpretation
2. › Construction of statutory powers
3. › Monitoring and oversight provisions
4. › Whether implied limitation on statutory power
5. › Principle of finality in administrative decision-making
6. › Whether finality qualifies express and unambiguous statutory powers

Quick Take

The CCC's power under ss 47(1)(c) and 48(1)(d) of the Crime and Corruption Act 2001 (Qld) to assume responsibility for and complete an investigation is not exhausted or limited by a decision of the Commissioner of Police (or delegate) as to how to deal with a complaint of corruption or police misconduct. The principle of finality does not qualify express and unambiguous statutory monitoring powers. Whether a decision to take managerial action rather than disciplinary action is a 'reviewable decision' under s 219G remains an open question.