Corruption and Crime Commission (CCC)

The Corruption and Crime Commission (‘CCC’) is WA’s anti-corruption body. It assesses, investigates and reports on:

• serious misconduct in the WA public sector; and
• misconduct and reviewable police action in the WA Police Force.

The CCC was established in 2004 and is enabled by the Corruption and Crime Misconduct Act (2003) (“the CCM Act”), which outlines the CCC’s responsibilities.

The CCC:

• receives and assesses allegations of serious misconduct and determines what (if any) action should be taken;
• conducts investigations;
• provides oversight of investigations taken by other public authorities;
• assists public authorities in preventing serious misconduct by analysing information and making recommendations;
• assists the WA Police Force in relation to organised crime; and
• identifies and confiscates unexplained wealth.

The CCC does not investigate every allegation of serious misconduct brought to its attention.  Resources are focused on “higher value” investigations that target corruption and serious misconduct “hotspots”.

When undertaking an investigation, the CCC may summons people to appear as witnesses to give evidence at either private or public examinations.  Witnesses are not necessarily suspected of any wrongdoing, but instead they have been identified as someone who might be able to assist the CCC with its investigation.

It is very likely that you will be prohibited from telling anyone except your lawyer that you have received a summons, even if you are not suspected of any wrongdoing.  You must comply with these directions otherwise you will be committing a criminal offence.

You should read the summons very carefully to make sure you understand your obligations.

You should still contact the Commission Officer named on your summons to confirm exactly when you are required to attend.  If you fail to comply with the summons a warrant may be issued for your apprehension.   If that occurs you will be detained in custody before being taken to the Commission.

Your summons may also require you to produce documents or other information.  You must make all reasonable efforts to locate the documents you have been directed to produce.

It is an offence to give false evidence, provide false or misleading evidence, disclose information about your summons to anyone other than your lawyer, accept a bribe relating to your performance at the CCC, or prevent a witness from attending the Commission.

Witness summons

If you have received a witness summons, it will state the date, time, and place that you are required to attend the CCC for an examination.

At the examination, you will be called into the witness box and you will be required to either swear an oath or make an affirmation that the evidence you give will be truthful.  You must answer all questions you are asked.  Anything you say is not admissible in evidence against you in any subsequent criminal proceedings, unless the evidence you give is false and you are subsequently charged with providing false evidence.

You should give serious consideration to being represented by a lawyer at the examination. Your lawyer will likely be able to ask questions at the end of the examination, however more importantly they are there to protect your interests and provide you with advice as you are being asked questions by the Commission.

You will likely be able to receive a transcript of the evidence you give as a witness afterwards. However, if the examination was private, there will be strict conditions around using and communicating the transcript.

Summons to produce evidence

If the CCC serves you with a summons to produce evidence, you must provide the CCC with a copy of the documents or other things outlined on the summons, assuming they are actually in your custody and control.

Most hearings are conducted in private, however public hearings may be scheduled if the CCC deems it in to be in the public interest.

Anyone can make an allegation of serious misconduct to the CCC.  The CCC assesses the allegations it receives and decides what (if any) action will be taken. This could be by:

• investigating and taking action;
• investigating or taking action in cooperation with an independent agency (such as the Public Sector Commission) or the employing authority of the public office the allegation is against (such as the WA Police Force);
• referring the matter to an independent agency or appropriate authority for them to consider whether to take action; or
• taking no action.

The CCC only investigates matters which are serious and have a significant impact in improving the integrity of the public sector.

The decision to commence an investigation does not necessarily mean that there has been any wrong doing.  The purpose is to establish whether there is proof to substantiate the serious misconduct allegations.

The CCC may summons people to attend an interview, provide a statement of information, provide documents or summons to appear to give evidence.

Frequently, witnesses are not suspected of any wrongdoing and are there for no other reason than to assist the CCC’s inquiries.

Public officers

Most of the CCC’s work relates to allegations of serious misconduct and corruption by public officers. Public officers include:

• state government employees;
• police officers and employees;
• members of government boards or committees;
• members of parliament;
• local government elected members and employees;
• employees of public universities government trading enterprises.

Misconduct

Under the CCC’s legislation, misconduct can either be ‘serious misconduct’ or ‘minor misconduct’.

The CCC considers allegations concerning serious misconduct. This does not include matters of general low-level discipline, misbehaviour or employee relations issues such as general human resources and performance management issues, grievances around employee relationships, and minor infractions of policies and procedures.

‘Serious misconduct’ includes police misconduct. This means the CCC deals with all allegations of misconduct relating to WA Police.

For all other public officers, ‘serious misconduct’ refers to corrupt or criminal conduct. More specifically, ‘serious misconduct’ occurs if a public officer:

• acts corruptly or corruptly fails to act in the course of their duties;
• corruptly takes advantage of their position for the benefit or detriment of any person; or
• commits an offence which carries a penalty of 2 or more years imprisonment.

Some examples of corrupt (or criminal) conduct which could be found to be ‘serious misconduct’ include:

• abuse of a public office;
• blackmail;
• deliberately releasing confidential information;
• fraud or stealing;
• falsification of records; or
• perverting the course of justice.

The Public Sector Commission deals with ‘minor misconduct’ matters. Minor misconduct includes conduct that might jeopardise the integrity, honesty or impartiality of a public authority or officer.  It often involves misusing information that a public officer has access to for either their own personal gain or another’s detriment.

Unexplained Wealth

The CCC also identifies and targets persons who are believed to have accumulated unexplained wealth through unlawful means. In these investigations, a person who lives beyond their apparent means is required to justify the legitimacy of their financial circumstances. The CCC has the power to investigate and initiate confiscation proceedings in relation to unexplained wealth.

The CCC’s role is to investigate, express opinions about misconduct and make recommendations for action.  It does not determine innocence or guilt of individuals.

It the CCC forms an opinion that serious misconduct has occurred then it may recommend that a criminal investigation be commenced, or disciplinary action be taken.