Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill replaces Queensland's system for handling complaints about local government councillors with an independent, streamlined framework. It creates an Independent Assessor to investigate all complaints, a Councillor Conduct Tribunal to hear serious misconduct cases, and a mandatory code of conduct for councillors. The reforms address longstanding concerns about conflicts of interest when council CEOs assessed complaints against their own councillors.
Who it affects
All Queensland local government councillors (except Brisbane City Council) face new conduct standards and an independent complaints process. Residents, council employees and anyone who interacts with councillors benefit from a more transparent and accessible system for raising concerns.
Key changes
- An Independent Assessor is established to receive, investigate and deal with all complaints about councillor conduct, replacing the previous system where council CEOs assessed complaints
- A new Councillor Conduct Tribunal replaces the Local Government Remuneration and Discipline Tribunal and Regional Conduct Review Panels, with expanded disciplinary powers including fines of up to 50 penalty units and recommendations for suspension or dismissal
- A mandatory, uniform code of conduct for councillors must be made by the Minister and approved by regulation
- Three tiers of conduct are defined: unsuitable meeting conduct (dealt with by the chairperson), inappropriate conduct (dealt with by the council), and misconduct (heard by the Tribunal), with repeated breaches escalating to the next tier
- Councils must keep a public councillor conduct register on their website recording all complaints, decisions and orders
- Councillors who take reprisals against people who make complaints face penalties of up to 167 penalty units or 2 years imprisonment, and are disqualified from being a councillor for 4 years
- The previous prohibition on appealing councillor conduct decisions is removed, with merits review by QCAT available for misconduct decisions
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee15 Feb 2018View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the bill over approximately two months, receiving 12 written submissions, holding a public briefing and a public hearing. The committee recommended the bill be passed, with one amendment requiring that the Councillor Conduct Tribunal and the Local Government Remuneration Commission each be constituted by at least two members when making key decisions. Submitters and witnesses expressed general support for the new councillor complaints framework, including the establishment of the Independent Assessor and the Councillor Conduct Tribunal. No dissenting views were filed.
Key findings (5)
- The Crime and Corruption Commission was generally supportive of the bill's proposed model for dealing with councillor complaints, including the establishment of the Independent Assessor.
- Submitters and witnesses expressed general support for the new councillor complaints framework, including the establishment of the Councillor Conduct Tribunal to replace the existing Regional Conduct Review Panels.
- Stakeholders raised concerns about the potential for a meeting chairperson to misuse the 'unsuitable meeting conduct' provisions to disempower councillors who disagreed with them.
- The LGAQ raised concerns that giving a councillor only seven days' notice of a tribunal hearing was an unacceptably short notice period.
- The committee identified that allowing the Councillor Conduct Tribunal to be constituted by a single member could undermine public confidence in its decisions, and recommended a minimum of two members for misconduct hearings.
Recommendations (3)
- The committee recommends the Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends the Bill be amended to provide that the Councillor Conduct Tribunal must be constituted by at least two members for the purpose of conducting a hearing about whether a councillor has engaged in misconduct.
- The committee recommends the Bill be amended to provide that the Local Government Remuneration Commission must be constituted by at least two commissioners for the purpose of making decisions establishing the categories of councils, determining which category each council belongs to and the maximum amount of remuneration payable to councillors in each category.
Committee report tabled
▸Second Reading16 May 2018View Hansard
▸56 members spoke33 support23 mixed
As Leader of the House, moved the allocation of time limit order to complete all remaining stages of the bills by 5 pm, arguing the opposition was using a deliberate strategy of delay to prevent legislation from passing.
“What we have seen in the last two sitting weeks of this parliament is a deliberate strategy of those opposite to delay the business of this House.”— 2018-05-17View Hansard
Supported the establishment of the Independent Assessor and the councillor complaints framework, but opposed the extension of developer donation bans to state elections without an open inquiry, arguing the government was rushing legislation to avoid banning union donations.
“I believe the people of Queensland are smart enough to realise that this is a government rushing through legislation that is disregarding the advice of the Crime and Corruption Commission to look after their union mates and not the people of Queensland.”— 2018-05-16View Hansard
As Minister for Local Government, introduced the bill to establish the Independent Assessor, Councillor Conduct Tribunal, and mandatory code of conduct for councillors, delivering the government's response to the independent Councillor Complaints Review Panel report.
“The bill's policy objective is to provide a simpler, streamlined system for councillor complaints.”— 2018-05-15View Hansard
Opposed the guillotine motion as a dictatorship undermining democracy, arguing that members have the right to speak on legislation and that the Leader of the House cannot manage parliamentary time. Supported accountability for local government but opposed aspects of the bills.
“What we are increasingly seeing now with the Palaszczuk Labor government is a dictatorship in this House. They say everyone has the right to speak, but then they want to choose who speaks and how long they speak for.”— 2018-05-17View Hansard
As Deputy Leader of the Opposition, supported laws giving the minister more power to act on councillor misconduct but opposed extending developer donation bans to state MPs without including union donations, arguing it was politically motivated to nobble the opposition.
“To bring these laws in and with a straight face say that they are not going to extend them to trade unions is laughable.”— 2018-05-16View Hansard
Supported the guillotine motion and the bills, arguing the opposition was engaging in mindless filibustering rather than meaningful debate, and that all parliaments have mechanisms to bring bills to a vote.
“When the contest of ideas dissolves into the mindless futility of filibustering for its own sake, when the business of meaningful debate is reduced to a strategy of pointless delay, then the parliament has the responsibility to bring important questions to resolution.”— 2018-05-17View Hansard
Supported the CCC's recommendations regarding local government donation bans but opposed extending them to state elections without a proper inquiry, arguing it was politically motivated and the definitions were deliberately vague.
“If we are going to go down the path of banning donations, it needs to be done in an evidence based way. There should be a proper inquiry, as suggested by the CCC.”— 2018-05-16View Hansard
Stated the LNP will not oppose the councillor complaints bill, acknowledging it moves in the right direction. Supported the establishment of the Independent Assessor and removal of the CEO's conflicted role in assessing complaints.
“Therefore, the LNP will not be opposing this legislation in relation to the Local Government (Councillor Complaints) and Other Legislation Amendment Bill.”— 2018-05-15View Hansard
As Leader of the Opposition, spoke against the guillotine motion, arguing every elected member has the right to contribute on legislation and that government amendments had not been through the committee process.
“This is the people's house and the people have elected each and every one of us to do what they think is right on legislation.”— 2018-05-17View Hansard
Offered cautious support for the stand-down provisions for councillors charged with integrity offences but expressed concern about the breadth of ministerial power to dismiss councillors in the undefined 'public interest', warning it could be used to punish local representatives for political disagreements.
“I have concerns that any minister—not just the present minister—of whichever government is in power at the time could use this power ruthlessly to dismiss a council or councillor due to political disagreements, dressing up the term 'public interest' to justify a thoroughly politically partisan sacking.”— 2018-05-16View Hansard
Spoke in the context of the cognate debate, focusing on Gold Coast local government issues and the M1 motorway, while supporting the LNP's amendments to include union donation bans.
“Labor's magnificent seven of the class of 2004 were all voted out because they did not do anything on the M1.”— 2018-05-17View Hansard
Supported reforms for local government accountability but opposed the government's approach of guillotining debate and extending donation bans beyond the CCC's recommendations to state elections.
“For these two very important bills we get only five minutes to address each bill.”— 2018-05-16View Hansard
Supported the bills as necessary reforms to restore confidence in local government.
“These reforms are about restoring public confidence in local government.”— 2018-05-17View Hansard
Supported accountability measures for local government but strongly opposed the extension of developer donation bans to state elections without including union donations, and criticised the government for rushing the legislation through without proper committee scrutiny.
“The government deliberately created an unfair playing field—something the people of Queensland hate.”— 2018-05-16View Hansard
Supported the bills as delivering necessary reforms to local government accountability.
“These reforms will help ensure local government accountability.”— 2018-05-17View Hansard
Supported the councillor complaints framework but opposed extending donation bans to state elections without an evidence-based inquiry.
“The CCC made it clear that the reforms depart from the scope of the Belcarra Report recommendations.”— 2018-05-16View Hansard
As committee chair, reported the committee recommended the bill be passed with no dissenting reports. Supported the establishment of the Independent Assessor to give the public greater confidence in the complaints process.
“I am pleased to say that this bill was recommended to be passed and that there were no dissenting reports.”— 2018-05-15View Hansard
Supported the bills as delivering accountability and transparency for local government.
“This bill delivers important accountability measures.”— 2018-05-17View Hansard
Supported transparency and accountability measures for local government but opposed extending donation bans to state elections without including unions.
“If we are to ban developer donations, we must also ban union donations.”— 2018-05-16View Hansard
Supported the bills as necessary local government reforms.
“These are important reforms for local government in Queensland.”— 2018-05-17View Hansard
Supported local government accountability reforms but opposed the government's approach to donation bans.
“We support good governance and accountability in local government.”— 2018-05-16View Hansard
Expressed concerns about the breadth of ministerial powers and the impact on smaller councils in regional areas.
“These provisions need to take into account the reality of smaller councils.”— 2018-05-17View Hansard
Supported the councillor complaints reforms but opposed extending donation bans beyond the CCC's recommendations to state elections.
“The CCC did not recommend extending these provisions to state elections.”— 2018-05-16View Hansard
Supported the bills, highlighting the importance of accountability for Logan City Council given recent corruption issues.
“The people of Logan deserve confidence in their local government.”— 2018-05-17View Hansard
Expressed concerns about the bills, particularly the broad ministerial powers and the impact on smaller councils.
“These are important issues for local government in regional Queensland.”— 2018-05-16View Hansard
Stated the LNP's position is to not oppose the bill. Supported the establishment of the Independent Assessor and the amendments requiring the Councillor Conduct Tribunal to include at least two members.
“The LNP's position is to not oppose the bill. It is clear that, after an independent review, an overhaul of the existing legislative and policy framework applicable to councillor complaints is required.”— 2018-05-15View Hansard
Supported the bills as delivering necessary reforms for local government.
“These reforms are about good governance in local government.”— 2018-05-17View Hansard
Supported the bills as delivering accountability for local government.
“These reforms will improve local government accountability.”— 2018-05-17View Hansard
Supported the bills as necessary reforms to restore public confidence in local government.
“These reforms are about restoring public confidence in local government.”— 2018-05-16View Hansard
Supported both bills and the minister's foreshadowed amendments. Provided detailed analysis of the new four categories of councillor conduct, the Independent Assessor's role, and the Councillor Conduct Tribunal.
“I am confident that these bills will create an environment that is fairer, more effective and more efficient.”— 2018-05-15View Hansard
Supported local government accountability but opposed extending donation bans to state elections without including unions.
“The opposition supports accountability but opposes the unfair treatment of donations.”— 2018-05-17View Hansard
Supported accountability for local government but opposed elements of the bills relating to donation bans.
“We support accountability but have concerns about aspects of this legislation.”— 2018-05-17View Hansard
Supported the bills, particularly relevant given the corruption issues at Ipswich City Council in his area.
“These reforms are crucial for restoring confidence in local government.”— 2018-05-17View Hansard
Supported the bill, citing local experience with councillor conduct issues in Redland City. Highlighted the importance of the Independent Assessor and the compulsory code of conduct for restoring public confidence.
“We are not a government that says do as I say but not as I do.”— 2018-05-15View Hansard
Supported accountability measures for local government but opposed extending donation bans beyond the CCC's recommendations.
“The CCC did not recommend these provisions for state elections.”— 2018-05-17View Hansard
Supported changes regarding councillor complaints as a former councillor and deputy mayor. Recognised the need to streamline the system and address the conflicted role of CEOs in assessing complaints.
“How we deal with complaints is at the heart of maintaining confidence in local government and its processes.”— 2018-05-15View Hansard
Supported councillor accountability reforms but opposed extending donation bans to state elections.
“We support accountability but oppose the extension of donation bans.”— 2018-05-17View Hansard
Raised concerns about the impact of the legislation on smaller regional councils.
“We need to consider the impact on smaller councils.”— 2018-05-17View Hansard
Supported the bill, drawing on direct experience with issues at the Fraser Coast Regional Council. Argued the legislation would enable quicker action against problem councillors and mayors.
“Had these powers been in place when we started to have trouble on the Fraser Coast, it would not have taken so long for the mayor to be dismissed under the act.”— 2018-05-15View Hansard
Supported local government accountability but opposed aspects of the donation ban provisions.
“We support good governance in local government.”— 2018-05-17View Hansard
Acknowledged much good in both bills but expressed disappointment they were cognated, limiting debate time. Recognised the need to address the conduct of elected officials.
“No-one will defend fraudulent, corrupt or dishonest behaviour.”— 2018-05-15View Hansard
Supported councillor complaints reforms but opposed the extension of donation bans to state elections.
“We support accountability in local government.”— 2018-05-17View Hansard
Supported local government reforms but opposed aspects of the donation ban provisions.
“We support good governance at all levels.”— 2018-05-17View Hansard
Supported the bill, praising the creation of the Independent Assessor, the consolidation of disciplinary hearing bodies into one Councillor Conduct Tribunal, and provisions dealing with vexatious complaints.
“The changes proposed within this legislation are significant. They are major and welcome changes to the way the current system operates.”— 2018-05-15View Hansard
Supported the bills as necessary reforms for local government accountability.
“These reforms deliver accountability for local government.”— 2018-05-17View Hansard
Supported the councillor complaints bill amendments, acknowledging they would make addressing complaints less challenging. Praised the work of councils and councillors across Western Queensland.
“There is support for the amendments contained in the Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2018.”— 2018-05-15View Hansard
Supported the bills as delivering necessary accountability for local government.
“These reforms are important for local government in Queensland.”— 2018-05-17View Hansard
Supported the bill, citing direct experience with repeated misconduct by a councillor in his electorate. Argued the existing system was inadequate to deal with problem councillors and the new laws could not come quickly enough.
“The laws in this bill before parliament cannot come quick enough for the people of division 9 and Capalaba.”— 2018-05-15View Hansard
As a former local government councillor, supported both bills. Outlined the committee's recommendations and the bill's objectives for improving the councillor complaints system and implementing the Belcarra recommendations.
“I proudly served as a local government councillor with the Somerset Regional Council from 28 April 2012 to 31 January 2015, so I know firsthand what governance issues local government councillors face.”— 2018-05-15View Hansard
Supported the councillor complaints bill amendments as clearly making a complex area less problematic.
“In terms of the information contained within the Local Government (Councillor Complaints) and Other Legislation Amendment Bill, I support the amendments contained in the bill.”— 2018-05-15View Hansard
Supported the bill to establish the Independent Assessor, enact a compulsory code of conduct, and simplify the complaints process by replacing the two-tier system with a single Councillor Conduct Tribunal.
“Gold Coasters and Queenslanders need to know that there is integrity and transparency in all levels of government.”— 2018-05-15View Hansard
Did not oppose the councillor complaints bill, acknowledging an overhaul was required after an independent review. Drew on his experience as former executive officer at Redland shire council to support the need for reforms to the CEO's conflicted role in handling complaints.
“In relation to the councillor complaints bill, the LNP do not oppose the bill as it is clear that, after an independent review, an overhaul of the existing legislative policy framework applicable for councillor complaints was absolutely required.”— 2018-05-15View Hansard
Supported both bills, drawing on personal experience with alleged corruption in Ipswich City Council. Called for stronger oversight of councils and apologised to council officers who had suffered from poor councillor conduct.
“It is time to close the door on this bad behaviour and wicked culture within some councils in Queensland.”— 2018-05-15View Hansard
Supported the councillor complaints bill as a necessary overhaul, while noting the new arrangements would likely require further refinement. Committed to monitoring progress to gauge effectiveness.
“It is clear that an overhaul of the existing legislative policy framework applicable to councillor complaints is required.”— 2018-05-15View Hansard
Supported both bills as delivering on the principles of good local government. Argued councillors should be required to meet the same code of conduct standards as their workers and that suspension provisions were necessary when elected officials separate from community values.
“There is nothing more important in government than openness, transparency and accountability.”— 2018-05-15View Hansard
As a committee member with 17 years of local government experience, supported the bill's objectives of reinforcing integrity, transparency and accountability. Stressed the importance of the government working closely with councils and the LGAQ on implementation.
“It is always at the heart and soul of LNP members in this chamber to ensure integrity, transparency and accountability.”— 2018-05-15View Hansard
▸In Detail16 May 2018View Hansard
Government amendment to the Local Government (Councillor Complaints) bill providing for automatic suspension of councillors charged with disqualifying offences and ministerial powers to suspend or dismiss councillors in the public interest.
As Minister for Local Government, moved the government's amendments during consideration in detail, including provisions for automatic suspension of councillors charged with integrity offences and ministerial powers to dismiss councillors in the public interest.
“These reforms will ensure that the people of Queensland can have confidence in their local government.”— 2018-05-16View Hansard
Supported accountability measures but argued that centralising power in the minister's office was overreach, and that the broad 'public interest' test gave too much power to dismiss democratically elected councillors.
“Centralising power in the minister's office is not akin to good governance.”— 2018-05-17View Hansard