CCC COMPLAINT ECQ MUST PUT ADDRESSES OF DONORS ON WEBSITE


CCC-ECQ IMMEDIATE ACTION RQD
Alan MacSporan  Chair CCC Qld
Dear Citizen MacSporan

TERMS : QEA = QLD Electoral Act , LGEA = Local Government Electoral Act , Code = Qld Criminal Code : EXTRACTED PROVISIONS BELOW
IMMEDIATE ACTION TO COMPEL THE ECQ TO PERFORM ITS DUTY IS REQUIRED OR WE MAY HAVE ANOTHER 2020 BELCARRA #2 DEBACLE


 

Since I started posting all over  they shut off the ECQ Squiz site to break my links. The new site has massive links here https://www.ecq.qld.gov.au/donations-and-gift-disclosure/disclosure-of-political-donations/published-disclosure-returns  You have to scroll down and chose the archive and manually search from there .

 
 
Complaint ; The ECQ is intentionally/willfully/ refusing/ breaching its duty to display relevant particulars of donors and the electorates of the recipients . This is a crime under:

Realtime disclosure table https://disclosures.ecq.qld.gov.au/Map

LGEA  s109 Meaning of relevant details for a gift or loan  https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.109
LGEA s117 Gifts to candidates https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.117
LGEA s177-s118A  Disclosure of gifts and prohibited gifts https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#pt.6-div.3-sdiv.1
s197 “Definitions- relevant particulars” https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.197
s 265 QEA Gifts to political parties https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.265
 s316 QEA Publishing of returns https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.316

 s128-130  LGEA Publication of returns https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#pt.6-div.6

QEA 180 Wilful neglect etc. by commission staff  https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.180
A senior electoral officer or member of the commission’s staff must not wilfully neglect or fail to perform any duty under this Act. Maximum penalty—20 penalty units.

LGEA 176 Wilful neglect etc. of electoral officers https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.176
An electoral officer must not wilfully neglect or fail to perform the officer’s functions under this Act. Maximum penalty—20 penalty units.

Qld Code 200 Refusal by public officer to perform duty
https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sch.1-sec.200
Any person who, being employed in the public service, or as an officer of any court or tribunal, perversely and without lawful excuse omits or refuses to do any act which it is his or her duty to do by virtue of his or her employment is guilty of a misdemeanour, and is liable to imprisonment for 2 years, and to be fined at the discretion of the court.

S 204 QLD Code Disobedience to statute law https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sch.1-sec.204
(1)Any person who without lawful excuse, the proof of which lies on the person, does any act which the person is, by the provisions of any public statute in force in Queensland, forbidden to do, or omits to do any act which the person is, by the provisions of any such statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against the person for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.
(2)The offender is liable to imprisonment for 1 year.

Under  the Qld Electoral Act (QEA) and the Local Government Electoral Act (LGEA) , Qld and CTH Codes - an “attempt” completes an offence regardless if you were successful  (s174 QEA , s4 QLD Code , s11.1 Criminal Code Act CTH  ) .

QEA https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#
 LGEA https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027
Qld Code https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009
Criminal Code 1995 CTH http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cca1995115/sch1.html


Before the realtime disclosure came in we could access the PDF returns in Qld filed by donors and recipients. These had names and addresses of donors or those that did it for them and we were able to cross check those addresses. It was illegal to use PO Boxes as addresses alone. it still is under s109 , 117, 118,  LGEA  , s197 “Definitions- relevant particulars”  and s 265 QEA . And the Commission was supposed to publish returns on its website under s316 QEA and s128-130  LGEA . But because they haven’t, we cant cross check phone numbers, addresses, PO Boxes family names or other business names that might use the same. CLEARLY, PEOPLE ARE STILL BREAKING THE LAW. AND THE COMMISSION IS BREAKING THE LAW.

To Illustrate my point, the CCC referred to the Soorley report into the ECQ in operation Belcarra. Jim Soorley joined the board of Terracom as a director . On the Realtime site you could see at the very least that the address to for donation of Terracom was its Blair Athol Coal mine in 2019 and that was $11k to the ALP in the Burdekin Electorate. The address has been removed and no return is available with the “relevant details” that must be stated such as , name of person or agent donating, business or residential address and phone number .

ECQ 'secretive, authoritarian' organisation with management problems, report finds
By Chris O'Brien Updated 15 Jun 2017, 6:48pm https://www.abc.net.au/news/2017-06-15/ecq-secretive-authoritarian-organisation-report-finds/8619834

Qld Cabinet Soorley Report https://cabinet.qld.gov.au/documents/2017/Jun/Refer/Attachments/Report.PDF

At least at the last election subject of Belcarra we had dodgy returns , with mere front companies and post boxes as addresses. For instance, I was able to google a post box for a Townsville return which determined a front company “Lentenyard” was McConaghy Properties and therefore Castletown shopping center needing approvals. The entire council declared an interest that they took a donation from Castletown and then voted in favour . But how did they know if it was hidden behind a front company see my blog https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/07/scoop-crimes-of-townsville-mayor-jenny.html

But the ECQ changed its website so that, of course you can go to, and download  returns manually one by one , but you cant use the old links in your articles which are now broken . They make it difficult to save individual links to those returns, but can save the actual returns . if you save a link it’s a mile long and then prompts a password if you put it in an article and click on it for a media release https://www.ecq.qld.gov.au/disclosurereturnarchives

And

They broke the link to previous website with council and state returns . You cant find this link in the new website. Everything says someone is trying to make things difficult again.
Old site Qld Elections Returns all types 
https://ecq.clients.squiz.net/candidates-and-parties/funding-and-disclosure/disclosure-returns/election-disclosure-returns  



Given the time limits, its nice to discover these things early on as you may be aware from what was said in the Belcarra report “they know what they did” !

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