What is an allegation?

An “allegation” is an individual instance of alleged corrupt conduct (as defined by the Crime and Corruption Act 2001 (Qld)) recorded in the CCC corruption database. The CCC receives complaints about corrupt conduct from members of the public and public sector agencies. These complaints can comprise multiple allegations. The CCC also generates allegations on its own initiative based on other information.

Category of alleged conduct

Definition 

Assault/use excessive force

Assault/use of excessive force allegations can involve assaults or use of excessive force with a weapon or without a weapon, as well as threats to assault or use force.

Bribery/secret commissions

Bribery/secret commissions allegations can involve offering, promising or giving any benefit or accepting or soliciting any benefit as an inducement for an action that is illegal, unethical or a breach of trust.

Discrimination/ sexual harassment

Discrimination/sexual harassment allegations can involve treating someone less favourably than others because they have a particular characteristic specified under the Anti-Discrimination Act as well as any form of conduct or unwelcome attention of a sexual nature that makes a person feel offended, humiliated or intimidated, and where that reaction is reasonable in the circumstances.

Drug-related offence

Drug-related offence allegations can involve possessing an illicit drug and/or associated implements, obtaining, possessing or self-administering a controlled or restricted drug without authorisation, as well as cultivating/manufacturing or unlawfully supplying/dealing/trafficking an illicit, controlled or restricted drug.

Extortion

Extortion allegations can involve threatening to cause a detriment to another to coerce them to perform an action that is illegal, unethical or a breach of trust as well as complying with an extortion demand.

Failure of duty

Failure of duty allegations can involve failures to comply with legal, policy or reporting obligations or failures to execute duties to an appropriate standard. This type of conduct includes failures resulting from a lack of knowledge, competence or appropriate care or diligence but does not include deliberate acts or omissions with the intent to gain a benefit or cause detriment to another.

Inappropriate exercise of operational discretion:

Inappropriate exercise of operational discretion allegations can involve an arrest or search (including the manner/timing/use of handcuffs/damage/mess) that is unnecessary or inappropriate given the circumstances, failure to provide arrest warrant or provide reason for arrest, improperly refusing to grant bail, unnecessarily applying safety protocols, as well as prosecuting (or refusing to prosecute/initiate proceedings) inappropriately given the circumstances.

Interfere with or undermine an investigation, legal process or conduct matter:

Interfere with or undermine an investigation, legal process or conduct matter allegations can involve misusing authority to falsely report an offence, conceal an offence or conduct, as well as corrupt/undermine/alter the course of an investigation into a criminal, civil, regulatory or internal conduct matter, or a prosecution or legal proceedings.

Misappropriation or unauthorised use of resources:

Misappropriation or unauthorised use of resources allegations can involve the fraudulent diversion of public property or funds (including the fabrication of information or dishonesty in claiming employee entitlements), theft of public property or funds, and unauthorised use of public property or funds (including government resources such as work time, equipment or facilities).

Misuse of authority 

Misuse of authority allegations can involve misusing authority to act, or omit to act in order to further one’s own interests or to favour a family member, friend, associate or benefactor (favouritism), as well as to threaten or cause a detriment (including harassment and bullying) or a reprisal for making a complaint or public interest disclosure. These allegations do not include matters involving a financial or material inducement for preferential treatment or assault or the threat of physical assault.

Misuse of confidential information

Misuse of confidential information allegations can involve accessing or disclosing official information without a legitimate reason, unintentionally disclosing official information, falsifying information or records, acquiring or retaining information or records illegally, or inadequately safeguarding information.

Professional conduct

Professional conduct allegations can involve a substantial or consistent failure to reach or keep a reasonable standard of competence and diligence, the mismanagement of public resources that may be described as improper, incompetent or negligent, as well as dishonest conduct, such as plagiarism or the misrepresentation of qualifications/experience/work history.

Sexual offence

Sexual offence allegations can involve sexual offences involving direct physical contact with a child or adult victim as well as producing, possessing, distributing or displaying obscene or abusive material of a child under the age of consent.

Unlawful or unauthorised operational practice

Unlawful or unauthorised operational practice allegations can involve undertaking an operational action (e.g., arrest, search, pursuit, seize evidence/property) in a manner that is not lawful, even though it may be lawful in other circumstances, or undertaking a lawful operational action in a manner that is not authorised by policy, even though it may comply with policy in other circumstances. These allegations can involve authorising unlawful or improper operational practice.

Unprofessional personal conduct

Unprofessional personal conduct allegations can involve a wide variety of conduct, from unprofessional conduct (e.g. rudeness, verbal abuse, mistreatment) towards a member of the public or a colleague, to inappropriate sexual relationships and physical contact, reporting for duty while under the influence of alcohol or drugs, unauthorised absence from duty, being named as a respondent on a domestic violence order (or breaching the provisions of such an order), or any other personal conduct contravening a code of conduct.

 

These are the work activities or functions relevant to the conduct that is alleged to have occurred. In other words, the alleged conduct is related to, or arises from, the work activity or function.

Note: UPA stands for Unit of Public Administration as defined in section 20 of the Crime and Corruption Act 2001.

Term

Definition

Accounting

Conduct occurred during the provision of (in-house or contracted) professional accounting services to a UPA.

Accounts processing (payable and receivable)

Conduct occurred during the processing of accounts, including submission of invoices.

Adjudication

Conduct occurred during the adjudication process, e.g. the conduct of a judicial officer relating to a criminal hearing or trial.

Arrest/detain/ bring under control

Conduct occurred during the process of the subject (police) officer bringing a person under control and usually, but not necessarily, arresting or formally detaining the person.

Building management and maintenance (incl. cleaning)

Conduct occurred during the management or maintenance of buildings (owned, leased or rented by government/UPA) or other established public infrastructure, e.g. bridge, road, depot, wharf, power supply, rail line, etc.

Capital works and construction of public infrastructure

Conduct occurred during the development (planning, design, funding), construction or completion of capital works/infrastructure.

Communication, media and marketing

Conduct occurred during the provision of communication, media or marketing services to a UPA.

Compliance with employment obligations

Conduct occurred during a compliance with transparency of government policy obligation activity, such as declaring or managing a conflict of interest, declaring secondary employment, declaring a gift received, declaring an association with a criminal, etc.

Conduct or discipline matter

Conduct involves any facet of a conduct or disciplinary issue, i.e. reporting misconduct, or dealing with a misconduct matter – complaint receipt, assessment, allocation, investigation and resolution.

Council/Cabinet/ board meetings and deliberations

Conduct occurred during involvement in high-level decision-making groups such as State Cabinet, a local government Council, or a UPA board, Commission or similar governing body.

Custodial duties (excluding search):

Conduct occurred during custodial duties or responsibility for a detainee or prisoner in a custodial or detention facility.

Development applications and land rezoning

Conduct occurred during the process of determining an application for a development or land rezoning.

Direct client / customer contact

Conduct occurred during the delivery of services directly to (non-UPA) clients/customers/patients, etc.

Disposal

Conduct occurred during the disposal of UPA goods, equipment or materials, usually (but not necessarily) those which are no longer required, e.g. unserviceable, redundant, or excess to requirements.

Enforcement act

Conduct occurred in the process of issuing and/or recording a breach notice, infringement notice or ticket, or on-the-spot fine, for breach of legislation/regulation (usually non-criminal).

Executive services and support

Conduct occurred during the provision of services or support to UPA Executive group or board or similar body.

Fleet management

Conduct occurred during vehicle fleet management, or use of a UPA fleet or leased/hired vehicle, e.g.  pool car, executive car.

Governance and strategy

Conduct occurred during the provision of governance or strategic services/support to a UPA.

Grants administration

Conduct occurred during any facet of the grants process, including making an application/submission, or receipt, assessment and decision-making about applications.

Information control and management

Conduct occurred during the management and control/security of UPA information or data, whether in digital/electronic form or not.

Inventory management, excluding disposal

Conduct occurred during the management or control of UPA goods, equipment or materials.

Investigation

Conduct occurred during an investigation.

Investigation / inspection

Conduct occurred during an investigation or inspection (including physical examinations and other actions to ensure compliance with legislation/regulations, e.g. liquor licensing, food preparation standards, transport regulation, etc).

Issue of licences and registrations

Conduct occurred during the process of determining and issuing a licence or registration.

Legal services

Conduct occurred during the provision of (in-house or within government) legal services to a UPA.

Management of elections

Conduct occurred during the public (political) election process, typically at state or local government level. Includes election of officials to public entities such as boards.

Ministerial and parliamentary services

Conduct occurred during support services to State Parliament (including parliamentary committees), or to Ministers or MPs, e.g. advisory – portfolio/political, media or other, or electoral office administration.

Offender monitoring

Conduct occurred during the monitoring of an offender on bail or under a court order (e.g. a community service, probation, parole or prohibition order, child protection offender prohibition order, or curfew).

Payroll

Conduct is related to staff remuneration, i.e. wage or salary, or various types of allowances (e.g. travel), or employee entitlements (e.g. leave).

Policy development

Conduct occurred during UPA policy development.

Political lobbying

Conduct occurred during (external) influencing of decision making by elected holders of public office, such as ministers, MPs or councillors.

Procurement

Conduct occurred during any facet of the procurement process cycle, from determining needs, decision to procure, specification design, sourcing/tendering process, decision to award, ordering, and management of the resulting contract.

Prosecution

Conduct occurred during prosecuting of charges already preferred. Includes preparation of court brief or other documents for the court and conduct as a witness in proceedings.

Recruitment and selection

Conduct occurred during any part of the staff recruitment, assessment and selection process, including the promotion of staff and higher duties.

Response to incident

Conduct occurred during the response by police to an incident or event (e.g. resulting from response to a call for assistance by a member of the public, or from police observation or interaction while conducting a patrol or inquiries).

Rostering

Conduct occurred during the rostering or scheduling of staff work days/hours.

Search

Conduct occurred during the exercise of a specific power to search conferred on agency officers, e.g. Fisheries officers searching a vessel for illegal catches.

Search in custody

Conduct occurred during a search of the person or their cell, with the person in custody.

Search of person, place or vehicle (other than in custody)

Conduct occurred during a search conducted in a setting other than custodial.

Seize evidence/other things

Conduct occurred during the seizure of property, whether the property was seized because it is evidence, or otherwise.

Service support

Conduct occurred during the development, management or maintenance of information management systems/resources.

Supervision and employee relations

Conduct occurred during supervision or management, e.g. a subordinate has made an allegation against their manager, or conduct relating to relations between employees.

Traffic enforcement

Conduct occurred during road safety/traffic enforcement by the subject (police) officer.

Training and development

Conduct occurred during the provision of training and development services to UPA staff or others such as external service providers.

Unrelated to a work function

Conduct was not at all related to, or did not arise from, the subject officer’s position of authority (whether or not the officer was on duty or off duty at the time of the conduct).

 

Last updated: 05 November 2019
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