Crime and Corruption Act 2001

Without limiting section 64, the commission may report on a corruption matter under section 64(1).

In making a decision about reporting on a corruption matter under section 64(1), including the preparation of prescribed content and the inclusion of comments under section 64(4) in the report, the commission must consider the following matters—

the need for accountability and transparency in government and the public sector;

whether the report will be for the public benefit;

whether the commission has finalised its assessment of the corruption matter, and any action taken in relation to the corruption matter, under section 46;

the seriousness of the corruption matter;

whether the report may prejudice—

any proceeding that the commission is aware of, or any reasonably foreseeable future proceeding, in relation to the corruption matter; or

an investigation by the commission or other law enforcement agency;

if a person’s identity is readily apparent, or can reasonably be ascertained, from the report—

whether the standing and status of the person warrants greater public scrutiny; andExamples—

whether the report may unreasonably damage the person’s health, safety or wellbeing; and

the seriousness of the person’s conduct; and

whether the person consents to being identified; and

whether the report may unreasonably interfere with the person’s privacy or reputation;

any other relevant matter.

Subsection (2) does not limit or otherwise affect—

the operation of section 57; or

the application of any other law to the commission’s decision.Example of another law that may apply to the commission’s decision—Human Rights Act 2019, section 58

To remove any doubt, it is declared that the commission may report on a corruption matter under subsection (1) regardless of whether the commission has reported on the matter under section 49.

In this section—prescribed content, for a report, means—

an objective summary of matters that must be included in the report under section 64(2)(b); or

a fair statement of a person’s submission that must be included in the report under section 69B(5) or 69D(4).