The Crime and Corruption Commission completed an investigation into a complaint about alleged corrupt conduct involving the appellant. The Commission did not make any findings of corrupt conduct against the appellant. It prepared a report of the investigation and sought a direction from the relevant parliamentary committee that the report be tabled in the Queensland Legislative Assembly under the Crime and Corruption Act 2001 (Qld).
The appellant applied to the Supreme Court of Queensland, challenging the power of the Crime and Corruption Commission to publish the report.
In the Trial Division, Davis J held that the report was subject to parliamentary privilege and that the report could not be questioned or impeached by the appellant in the Supreme Court.
The appellant appealed to the Court of Appeal. A majority of the Court of Appeal (McMurdo and Mullins JJA) held that the Crime and Corruption Commission did not have the statutory power to prepare the report and so parliamentary privilege did not apply. Freeburn J dissented and held that the Commission had the statutory power to prepare the report and that the report was subject to parliamentary privilege.
Matthew Wilkinson (led by Peter Dunning QC) appeared for the Crime and Corruption Commission.