RSS

What is the role of the CMC? (Part 1)

Thu, Dec 4, 2008

Columns

This is part one of a two part article dealing with the Crime and Misconduct Commission (CMC).  Whilst this article explains the role of the CMC the second article will explore how a complaint is made to the CMC.
The CMC was established in Queensland in 2002 as an independent body with a two fold role: to prevent and investigate major crimes as well as to investigate and prosecute misconduct in the public sector.
For the CMC to be involved in the investigation of ‘major crime’ the crime must either be of a nature of organised  crime  where the purpose of the crime is to  obtain profit or gain power such as drug trafficking; or the crime of paedophilia or other serious crimes punishable by a term of imprisonment of at least 14 years, such as murder, arson and extortion.
For the CMC to investigate official misconduct it must be established that the conduct is serious enough to constitute either a criminal offence or one that would result in dismissal.  The misconduct refers to any conduct by a public official related to the official’s duties that is dishonest or lacks impartiality, involves a breach of trust, or is a misuse of officially obtained information.  Public officials are employees of Queensland government departments and agencies, schools, universities, hospitals, prisons, local governments, police, and elected officials of state and local government.
It is an important feature of the CMC that is must be impartial from, and independent of, the government and have the protection of public interest as its highest goal.
The CMC’s powers are found in the  Crime and Misconduct Act 2001 and gives it the power to conduct hearings, require anyone to give it information relevant to a CMC investigation, compel the production of records and things relevant to an investigation, enter and search premises, seize evidence and use surveillance devices (though not telephone interception devices).

Leave a Reply

Website by Fig Creative Brands. Brand & Identity, Website Development, Graphic Design & SEO. Maleny, Sunshine Coast, Australia.