Corrupt conduct and misconduct

PURPOSE:

This policy states the processes that must be followed if a person to whom this policy applies reasonably suspects a complaint involves, or may involve, corrupt conduct by someone relating to QLeave. This policy applies to corrupt conduct reasonably suspected to have been engaged in by:

the General Manager (the GM), or an employee, of QLeave; or
an external party dealing with QLeave, including a client.

This policy is to also provide guidance for other types of misconduct.

SCOPE:

This policy applies to:

  • the GM and QLeave's employees;
  • members of the Board of the Building and Construction Industry (Portable Long Service Leave) Authority;
  • members of the Board of the Contract Cleaning Industry (Portable Long Service Leave) Authority; and
  • members of the Board of the Community Services Industry (Portable Long Service Leave) Authority.

CONTEXT:

This policy is to be read in the context primarily of the Crime and Corruption Act 2001 (the Act). Other Acts that have a bearing on this policy include the Public Sector Act 2022 and the Public Interest Disclosure Act 2010.

In particular, under section 38 of the Act, if the GM reasonably suspects that a complaint involves, or may involve, corrupt conduct, the GM must give notice to the Crime and Corruption Commission (the CCC) of the complaint, subject to any direction issued by the CCC to the GM under section 40 of the Act.

For a suspicion to be reasonable, there needs to be more than bare or idle speculation. In essence, there must be some evidence sufficient for a reasonable person to suspect corrupt conduct.

DEFINITIONS:

Corrupt conduct

Under the Act conduct includes:

  • Neglect, failure and inaction
  • Conspiracy to engage in conduct
  • Attempt to engage in conduct.

Corrupt conduct is conduct by any person which meets the four elements stipulated in the Act.  The four elements in summary are:
Effect of conduct - corrupt conduct adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers.
Result of the conduct - corrupt conduct results, or could result, directly or indirectly, in the performance of functions or the exercise of powers.
Benefit or detriment arising from the conduct - corrupt conduct is engaged in for the purpose of providing a benefit to the person or another person or causing a detriment to another person.
Criminal offence or disciplinary breach - corrupt conduct would if proved be a criminal offence or a disciplinary breach providing reasonable grounds for terminating a persons services.

Examples of corrupt conduct include, but are not limited to:

  • bribery
  • extortion
  • fraud, stealing or forgery
  • perverting the course of justice
  • sedition
  • homicide, serious assault or assault occasioning bodily harm or grievous bodily harm
  • illegal drug trafficking
  • illegal gambling
  • obtaining or offering a secret commission
  • loss of revenue of the state

Misconduct

Corrupt conduct has a specific meaning under the Act and is not the same as misconduct under the Public Sector Act 2022 (PS Act).  Misconduct encompasses any inappropriate or improper conduct relating to an officer's duties, or any private act by an officer that reflects seriously and adversely on the public service.

Public Interest Disclosure

A public interest disclosure (PID) is a disclosure about suspected wrongdoing in the public sector. Allegations about wrongdoing in the public sector, by public sector workers and members of the public, help to uncover corruption and other misuses of public resources.

The Public Interest Disclosure Act 2010 (PID Act) encourages the disclosure of information about suspected wrongdoing in the public sector so that it can be properly evaluated and, if necessary, appropriately investigated.

POLICY:

Roles and Responsibilities

All employees have a responsibility to report actual or suspected instances of misconduct or corrupt conduct whether the matter has come to their direct attention or has been reported to them by another employee, a customer or other person or has been received anonymously.  The reporting process is facilitated in one of the following ways:

Corrupt Conduct

If a complaint is received by any employee (other than the GM or the Manager Legal Services (MLS)) whether in writing or verbally, from someone who is external to QLeave about a matter that involves, or may involve, corrupt conduct by someone relating to QLeave.  The person who receives the complaint must give notice of the complaint to the GM or MLS as soon as practicable after the person receives the complaint.
This obligation extends to a complaint received by the person from an anonymous source.

The GM or MLS must, in turn, give notice of the complaint to the CCC, subject to any direction issued by the CCC to the GM under section 40 of the Act.  The notice must be given as soon as practicable after the GM or MLS receives the complaint, or notice of the complaint.

There are no restrictions on a complainant to directly contact the CCC, it is at the complainants discretion regarding who they make their complaint to.

An employee may make a complaint either verbally or in writing to their Manager, MLS or GM.  Where a complaint is made to a Manager the Manger must notify the GM and/or MLS as soon as practicable after the complaint has been made.

Misconduct

A complaint may be made to a Manager, MLS or GM regarding any conduct that could be deemed inappropriate or improper relating to an officer's duties or otherwise as indicated above.  Misconduct will be investigated by the GM or delegated by the GM to MLS.

Public Interest Disclosure

Please see the policy on Public Interest Disclosure located in QDocs.

QLeave's CCC Liaison Officer and Nominated Person

The MLS is QLeave's delegated CCC Liaison Officer.  In this capacity, it is the MLS's role to represent QLeave in its dealings with the CCC.  The MLS is QLeave's nominated person for the purposes of section 48A(2) of the Act.
The MLS is to provide avice about whether a matter falls within the definition of corrupt conduct, misconduct or public interest disclosure.

Further Information

The Crime and Corruption commission Queensland - Corruption in Focus document (from which most of the above information has been taken) can be found here: http://www.ccc.qld.gov.au/corruption/information-for-the-public-sector/corruption-in-focus.

For complaints involving the General Manager specifically, see the complaints about the General Manager policy and procedure.