Media FAQs

1. Does the Commission confirm if it has received a particular allegation?
   • It is generally inappropriate for the CCC to confirm that it has received an allegation of misconduct.
   • The reputation of innocent people could be unfairly damaged if the Commission publicly acknowledges it has received a complaint as allegations maybe unsubstantiated and untested.
   • For this reason, it is preferable that allegations made to the Commission remain confidential unless the public interest in revealing that the allegation has been received outweighs an individual’s right to procedural fairness.
   • However, usually there is nothing to stop a complainant telling the media that an allegation has been made to the Commission.
   • The most appropriate time for the Commission to comment on any particular case is at the completion of an investigation.

2. Does the Commission confirm it is conducting a particular investigation?
   
   • The Commission has a general policy of not informing the media of what investigations it is undertaking or details of investigations.
   • The exception is if there is a high degree of public interest in a matter in which case the Commission may confirm receipt of an allegation.
   • However, this is only ever a simple confirmation that an allegation has been received and no operation details will be revealed.
   • If details of operations are reported in the media they most likely originate from witnesses or people under investigation.

3. Can the media report anything about private hearings held by the Commission?
   • No. It is an offence to report that a private hearing is to be held or has been held, to name witnesses who appeared at a private hearing or any details of the evidence given.

4. Can the Commission investigate organised crime?
   • No.
     The Commission does not have the power to itself investigate organised crime. Rather, the Commissioner of Police can apply to the Commission to be granted so-called extraordinary powers that include enhanced powers to search places and people, and compel witnesses to answer questions at private hearings. If those powers are granted, the resulting investigation is a police investigation and does not involve Commission investigators.
   • Though a private hearing into an organised crime matter would be held before the Commissioner of the Corruption and Crime Commission, it is run by the police and witnesses are questioned by police lawyers.

5. Can the Commission investigate allegations against State politicians?
   • This is complex. The Corruption and Crime Commission Act indicates that the Commission must refer an allegation of misconduct made against a Member of Parliament, not being serious misconduct, to the Speaker or President of the Parliament.
   • The Speaker or President then requires the Privileges Committee to inquire into the allegation. If the Privileges Committee decides to conduct its own inquiry, it does so by directing the CCC to act on its behalf. A report about the inquiry can be made to the Speaker or President and the Privileges Committee, which can then present it to the Parliament.
   • If the allegation is one of serious misconduct, that is involving corruption or criminal conduct, the CCC Act does not state what should happen. However, if the Commission received an allegation of serious misconduct, it would deal with it, without referring it to the Speaker or President.
   • However, if Parliamentary Privilege prevented the Commission from further investigation, the allegation of serious misconduct might be referred to the Speaker or President for action.

• Media outlets will receive an Alert before a public hearing starts
• Advertisements announcing the public hearings and what they’re about will be placed in The West Australian before they start
• The Commission will do all it can to announce the starting time of each day’s public hearing in the In the Courts section of The West Australian each day
• The starting time of each day’s public hearing will also be on the Commission’s website under Hearings

• Accredited media representatives have exclusive use of a media room adjacent to the hearing room where the proceedings can be viewed and listened to while stories are being written. It is also possible to sit in the hearing room though computers or recording devices cannot be used
• Booths with landlines are available near the hearing room for filing radio stories or doing live crosses
• Transcripts will be made available as soon as practicable on the Commission’s website subject to operational constraints. This is usually mid-afternoon for the morning session and a couple of hours after the hearings finish for the afternoon session subject to the complexity of the transcript
• Where practicable, public versions of, telecommunications intercepts will be made available to the media on request. However, under Commonwealth legislation they can only be used for the fair and accurate reporting of evidence given at Commission public hearings and not for other purposes. Any further dealing with the information, including copying, may be regulated by the Telecommunications (Interception and Access) Act 1979

• Cameras are not permitted on the floor where the hearing room is located unless specifically authorised for example to record the opening addresses of a public hearing
• Tape recorders may be used in the media room (but not the hearing room) to accurately report evidence from the hearings. However, this privilege will be withdrawn if the audio so obtained is broadcast or placed on websites
• Mobile phones must be switched off in the hearing room as they can interrupt proceedings and may interfere with the Commission’s electronic equipment. The media are permitted to use mobile phones in the media room and the phone booths though this privilege may be withdrawn if photographs are taken by phones with cameras on the Commission’s premises
• Use of the media room is restricted to accredited media

• Media outlets are responsible for ensuring they comply with Suppression Orders and any changes made to them
• Copies of Suppression Orders are filed in the Media Room
• It is a breach of the Corruption and Crime Commission Act to disclose any details of a private hearing including the witnesses who may have or are going to appear, what the hearing was about, or any evidence that may have been given