Corrupt Conduct and Professional engineering services Paxton

Corrupt Conduct and Professional engineering services Paxton Booth Executive Director, Corruption Strategy, Prevention and Legal Institute of Public Works Engineering Australasia 4 November 2020

What we do Major Crime Crime and Corruption Commission Corruption We investigate organised crime, criminal paedophilia, terrorism and other serious criminal offences. We receive and investigate serious allegations of corruption against police, public servants and elected officials. We help strengthen public Sector anti-corruption efforts. Proceeds of Crime Witness Protection We freeze cash and assets derived from suspected criminal activity and can forfeit them to the State of Queensland. We administer the witness protection program allowing witnesses to provide evidence in court safely. 2

Who we are 384 staff as at 30 June 2020 Crime and Corruption Commission MultiDisciplinary Teams Police Civilian investigators Financial investigators Lawyers Intelligence officers Forensic computing experts Researchers and policy specialists Corporate staff 3

Overview Corrupt conduct definition Professional engineering services Let’s talk about what corrupt conduct is But I haven’t accepted a bribe or been dishonest how could that be corrupt conduct? What does the CCC do when What will happen if someone makes a it receives a complaint complaint about me or my work? about this type of conduct?

Definition of Corrupt Conduct Two types of corrupt conduct Section 15(1) affects the probity of the exercise of a function of the employee Section 15(2) affects the efficacy of the agency – impairs public confidence in the agency

Corrupt Conduct Definition (a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— (i) a unit of public administration (UPA); or (ii) a person holding an appointment; and (b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— (i) is not honest or is not impartial; or (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and (c) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.

Professional Engineering Services Professional Engineers Act 2002 Section 115 - Who may carry out professional engineering services (1) A person who is not a practising professional engineer must not carry out professional engineering services. Maximum penalty—1000 penalty units. (2) However, a person does not commit an offence under subsection (1) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is responsible for the services. (3) A person who is a practising professional engineer must not carry out professional engineering services in an area of engineering other than an area of engineering for which the person is registered under this Act. Maximum penalty—1000 penalty units. (4) However, a person does not commit an offence under subsection (3) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is registered in the area of engineering and responsible for the services. (5) For this section, a person carries out professional engineering services under the direct supervision of a practising professional engineer only if the engineer directs the person in the carrying out of the services and oversees and evaluates the carrying out of the services by the person.

Application of corrupt conduct definition to engineers’ work Local government employees and employees of most public sector agencies are within jurisdiction – if the complaint is about a function or activity you perform as part of your employment and the conduct could adversely affect that function. Results in the performance of the function in way that is a breach of the trust placed in a person holding the appointment (knowingly or recklessly). Would, if proved, be a criminal offence

What do I have to do? If you work requires you to undertake professional engineering services: » Ensure you are registered; or » You must be supervised by a registered engineer; or » Engage a private contractor (engineer) who is registered to undertake the service(s)

Exemptions If your work does not involve a professional engineering service. Eg an engineering service provided only in accordance with a prescriptive standard. If your work is a professional engineering service, but it is under the direct supervision or a practising professional engineer.

Corrupt Conduct Complaints Anyone can make a complaint of corrupt conduct All complaints of corrupt conduct must be referred to the Crime and Corruption Commission (CCC) CEOs have a statutory obligation to refer suspected corrupt conduct to the CCC The CCC will assess the complaint within 30 days Most complaints are referred to another agency to deal with (including the board of professional engineers)– may be monitored by the CCC Complaints may also be a Public Interest Disclosure (PID) – complainant entitled to protections under the PID Act

Thank you. Questions? www.ccc.qld.gov.au www.ccc.qld.gov.au/subscribe @CCC QLD CrimeandCorruptionCommission youtube.com/channel – Crime and Corruption Commission (Queensland)