Our powers
Under the Crime and Misconduct Act and other legislation we have a range of investigative powers as well as the power to conduct coercive hearings and to hold public inquiries.
We have further powers under the Witness Protection Act 2000 and the Criminal Proceeds Confiscation Act 2002.
- Coercive hearings power
- Power to conduct public inquiries
- Limits of our powers
- Who watches the 'watchdog'?
Coercive hearings power
We are the only law enforcement agency in Queensland with the power to conduct coercive hearings, which enable us to compel people to attend and give evidence. This greatly increases our ability to break through the ‘wall of silence’ that frequently characterises major crime and corruption, and get to the truth of matters under investigation.
Coercive hearings enable investigators to:
- open, advance or eliminate lines of inquiry
- tie the witness down to a story
- test the reliability of a witness
- test the strength of a witness’s version of an event
- fill in evidentiary or forensic gaps
- override the right to silence and the privilege against self-incrimination
- secure otherwise unobtainable evidence.
This power enables us to respond to the growing sophistication of organised crime, and to the impact on society of sexual offending against children and other serious crimes that can at times defy ordinary investigative methods. We use our hearings power, not only in our own investigations, but also when police request our assistance with theirs as they do not have the same range of coercive powers.
As well as the power to compel people to attend and give evidence, we have the power to require the production of documents and other items. This is a vital tool for conducting financial investigations into organised crime and money laundering, and we use it extensively to help in confiscating the proceeds of crime.
View more information on hearings.
Power to conduct public inquiries
Complaints or issues brought to our attention sometimes involve wide-ranging allegations that have the potential to reduce public confidence in fundamental systems of public administration and government.
In such cases, we have the power to conduct a public inquiry which:
- allows a wider gathering of evidence and information on which to base findings and recommendations than may be possible during a normal investigation
- allows the public to be involved in the process of reform (via a call for public submissions at various stages throughout the process.
Limits of our powers
The CMC is not a court. Even when we investigate a matter, we cannot determine guilt, nor can we discipline anyone. However, in the context of our crime investigations, we can have people arrested, charged and prosecuted. As a result of a misconduct investigation, we can refer matters to the Director of Public Prosecutions with a view to criminal prosecution, to the Queensland Civil and Administrative Tribunal to consider action warranted, or to a CEO to consider disciplinary action.
We cannot investigate:
- private sector matters, unless they arise out of dealings with the public sector
- issues arising in other states or territories
- federal parliamentarians, departments or agencies
- state parliamentarians and local councillors, unless their conduct could amount to a criminal offence.
Who watches the 'watchdog'?
To ensure we use our powers appropriately, we are accountable to the following bodies:
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The Supreme Court
We must apply to the Supreme Court before we exercise many of our coercive powers, and when we want to compel interstate residents to attend a hearing. This Court also decides the penalties for those who refuse to answer questions during our hearings. A Supreme Court judge may also review our decisions or those of the Crime Reference Committee.
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Crime Reference Committee
The Crime Reference Committee refers suspected major crime to us for investigation, and can limit the powers we exercise with regard to these referrals.
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Public Interest Monitor
This oversight body examines our applications and those of the police for warrants to intercept telecommunications, carry out covert searches or conduct surveillance, to ensure they are used appropriately and that the rights of the public are upheld. It reports any non-compliance to us, the Parliamentary Crime and Misconduct Committee, the Attorney–General, or the Parliamentary Commissioner as appropriate.
