Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill bans political donations from property developers to politicians and political parties at both State and local government levels in Queensland. It also strengthens the rules for how local councillors must declare and manage conflicts of interest. The reforms implement the Government's response to the Crime and Corruption Commission's Operation Belcarra report, which investigated corruption risks in local government following the 2016 council elections.
Who it affects
Property developers can no longer donate to politicians or parties at any level of Queensland government. Local councillors face stricter requirements to declare conflicts of interest, with new criminal offences and stronger penalties for non-compliance, including potential disqualification from office for 4 years.
Key changes
- Property developers and their close associates are banned from making political donations to candidates, councillors, political parties and MPs at both State and local government level
- Penalties of up to 1500 penalty units or 10 years imprisonment for schemes to circumvent the donation ban
- Councillors must provide detailed information when declaring a conflict of interest, including the nature of relationships and value of gifts received
- Other councillors must vote on whether a conflicted councillor should leave a meeting or may stay and participate
- New criminal offence for a conflicted councillor to attempt to influence another councillor's vote or a council employee's decision, with penalties of up to 200 penalty units or 2 years imprisonment
- Conflict of interest offences are classified as integrity offences, meaning conviction disqualifies a person from being a councillor for 4 years
- Prohibited donations received after 12 October 2017 must be repaid within 30 days of commencement or the amount becomes a debt to the State
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee6 Mar 2018View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined this bill over seven weeks, receiving 43 submissions and holding public hearings with stakeholders including the Crime and Corruption Commission, Electoral Commission Queensland, Queensland Law Society, and local governments. The committee recommended the bill be passed, while also recommending it be amended to insert a purpose statement in the Electoral Act 1992. The committee raised four points of clarification for the Minister regarding the commencement timeframe for the property developer donation ban, the operation of conflict of interest provisions, the process for determining material personal interests, and the rationale for differing penalties.
Key findings (5)
- The committee found the bill's prohibition on property developer donations was modelled on constitutionally valid New South Wales provisions and was an evidence-based, proportional response to corruption risks identified by the Crime and Corruption Commission's Operation Belcarra
- Several stakeholders including the Queensland Law Society and Crime and Corruption Commission raised concerns about the retrospective application of provisions requiring repayment of donations received after 12 October 2017
- The committee identified potential fundamental legislative principle issues around the implied freedom of political communication, but considered the breach justified given the real risks of corruption from property developer donations
- Submitters expressed divided views on the duty for councillors to report suspected undeclared conflicts of interest of fellow councillors, with some warning it could be divisive and open to abuse
- The committee noted inconsistent penalties for failing to declare a conflict of interest versus a material personal interest and sought clarification from the Minister
Recommendations (3)
- The committee recommends the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends that the Department of Local Government, Racing and Multicultural Affairs and the Department of Justice and Attorney-General work with the Electoral Commission Queensland to develop examples of what is a property developer and a close associate, and what constitutes 'regularly' in the context of making relevant planning applications, to assist affected parties and the courts in determining the application of the proposed legislation.
- The committee recommends the Bill be amended to insert a purpose statement in the Electoral Act 1992, similar to the proposed purpose statement in the Local Government Electoral Act 2011.
Committee report tabled
▸Second Reading15 May 2018View Hansard
Vote on a motion
Vote on the government's procedural motion to treat the two bills as cognate bills for their remaining stages, allowing them to be debated together. The LNP opposed cognating the bills, wanting separate debate time for each bill.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (50)
Noes (39)
▸57 members spoke20 support13 oppose24 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
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
Introduced the bill to ban property developer donations at both local and state government levels, strengthen conflict of interest provisions, and implement the CCC Belcarra report recommendations. Proposed additional amendments for automatic suspension of councillors charged with serious offences.
“This government believes that property developers should not be able to buy political influence simply because they can.”— 2018-05-15View 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
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
Supported the local government aspects of the Belcarra bill but raised concerns about the government's significant amendments that had not gone through the committee system, the undefined public interest test, and the automatic suspension provisions for councillors charged with offences.
“Rushed law is not always good law.”— 2018-05-15View 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 bill and the extension of the developer donation ban to the state level, arguing it would be ridiculous to ban developer donations for local government while sanctioning them for state parliament. Criticised the Greens for accepting corporate donations through interstate channels.
“The thought that the Premier and this parliament would ban developer donations for local government while, at the same time, sanctioning the same donations to candidates for state parliament is ridiculous.”— 2018-05-15View 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
Opposed the extension of the property developer donation ban to the state level, arguing the government had no evidence base to justify it. Cited the CCC chairman's own warnings that the reforms departed from the Belcarra report's scope and raised constitutional concerns. Foreshadowed amendments to include union donations in the ban.
“Does the property developer donation prohibition's extension to the state arena have any foundation in the evidence?”— 2018-05-15View 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
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
Strongly supported extending the developer donation ban to state level and criticised the LNP's proposed amendments to include unions as unconstitutional, citing the High Court's unanimous ruling in Unions NSW v NSW. Argued the LNP's amendment had already been rejected by the High Court.
“To vote for this bill is to restore confidence in government in Queensland. To vote against this bill is to further erode the confidence that Queenslanders have in government.”— 2018-05-15View 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
Opposed the Belcarra bill as a political ploy aimed at hobbling the LNP and its supporters. Argued that no corruption was found in the Operation Belcarra inquiry and that existing mechanisms were sufficient to deal with corrupt activity without banning developer donations.
“This is purely a political ploy.”— 2018-05-15View 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 as continuing Labor's tradition of delivering reform for accountability. Argued there is nothing more essential or fragile than public trust in the political process and that the bills carry the signature of the party with a history of defending the public interest.
“There is no more essential or fragile component of our political process than the trust of the public in that system.”— 2018-05-15View 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
Supported the bills as delivering necessary reforms for local government.
“These reforms are about good governance in local government.”— 2018-05-17View Hansard
Stated the opposition will oppose the prohibited donation provisions at state level but support the CCC's recommendations for local government electoral reform. Criticised the vague definition of 'property developer' and the lack of evidence base for extending the ban to the state.
“The opposition will be opposing the prohibited donation provisions at a state level but supporting the CCC's recommendations for local government electoral reform.”— 2018-05-15View 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 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 extending the property developer donation ban to the state level as an important step given the state government's role in Queensland's planning framework.
“These bills provide for good, much needed reforms in the local government space—reforms that create an accountable, responsive system, one that is fair, efficient and effective.”— 2018-05-15View 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
Opposed the extension of the developer donation ban to the state level, arguing it was hastily introduced for political purposes before the 2017 state election. Cited the CCC chairman's concerns about constitutional validity and the lack of evidence for state-level corruption risks.
“I submit that there has been no threat identified at the state level that relates to property developer donations.”— 2018-05-15View 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 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 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
Criticised the Belcarra bill as motivated by blatant politics, arguing the government targets property developers while ignoring union influence. Supported the opposition's amendments.
“This bill is motivated by blatant politics.”— 2018-05-15View 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 local government accountability but opposed aspects of the donation ban provisions.
“We support good governance in local government.”— 2018-05-17View 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
Opposed the extension of the developer donation ban to the state level as overreach, citing the CCC's own finding that there was potentially a risk of corruption at the local level but not at the state level. Called for either removing the state-level ban or including unions in the ban.
“Let us take the politics out of it and we can all agree on the legislation before the House.”— 2018-05-15View 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 bills as necessary reforms for local government accountability.
“These reforms deliver accountability for local government.”— 2018-05-17View Hansard
Supported the bills as delivering necessary accountability for local government.
“These reforms are important for local government in Queensland.”— 2018-05-17View Hansard
Opposed the extension of the developer donation ban to the state level, arguing the CCC never made recommendations about state elections and the government overstepped without evidence.
“Haven't we heard that before? It is highly desirable. The CCC made it clear that this government has overstepped the mark.”— 2018-05-15View Hansard
As Leader of the Opposition, stated the LNP supports the CCC's Belcarra findings for local government but opposes the Premier's extension of the developer donation ban to the state level as extraordinary overreach. Cited the CCC chairman's own advice that the ban should not be automatically translated to the state without proper investigation.
“Will the Premier accept the advice of the independent chair of the CCC, Alan MacSporran, or will the Premier ignore the CCC and ram through these laws which will fundamentally change our electoral system?”— 2018-05-15View Hansard
Opposed the extension of the developer donation ban to the state level, arguing there was no evidence before the House to justify it. Noted the CCC chairman's own warning that the bill went beyond the scope of the Belcarra inquiry. Supported the shadow Attorney-General's amendments to include unions.
“This bill is politics, pure and simple. There is no analysis of Queensland's position at a state level as occurred in the High Court determination in relation to New South Wales.”— 2018-05-15View Hansard
As Attorney-General, strongly supported extending the developer donation ban to the state level, arguing the state government has significant planning powers and the opposition's claim that there is no link between state decisions and developer donations is not credible.
“Those on the other side cannot come in here from time to time and throw around accusations about decisions of state ministers in relation to local government matters and then come in here today in this debate and say there is no correlation.”— 2018-05-15View Hansard
Opposed the bill's developer donation ban at the state level as politically motivated, arguing the CCC found no evidence of state-level corruption risk and that excluding unions while banning developer donations creates a double standard.
“If we are to believe that the intent of this legislation is to increase transparency, then why wouldn't unions be listed as prohibited donors, just as developers would be under this rushed and politically motivated legislation?”— 2018-05-15View Hansard
Supported the bill to prohibit property developer donations at both local and state government levels and strengthen conflict of interest provisions for councillors.
“We have seen the risks associated with councillors accepting donations from property developers and then voting on development applications from the same donors.”— 2018-05-15View Hansard
Opposed the Belcarra bill's extension to the state level as political opportunism, arguing the government had presented no evidence to justify the state-level ban. Supported the amendments moved by the member for Toowoomba South.
“There is no other way to say this: this is simply political opportunism taken to a new level.”— 2018-05-15View Hansard
Opposed the extension of the Belcarra bill to the state level as government overreach to stack the deck electorally. Raised concerns about vexatious complaints and media reporting that assumes guilt before investigation is complete.
“The mob will always work you out. This government thinks they can continue to do all of these things because, having changed the electoral laws, they had electoral success.”— 2018-05-15View Hansard
Opposed the extension of the developer donation ban to the state level as purely politically motivated, arguing the government ignored the CCC's advice and that union influence on government warranted equal scrutiny.
“What the Labor Party is attempting to do is stack the deck electorally in its favour.”— 2018-05-15View Hansard
▸In Detail15 May 2018 – 17 May 2018View Hansard
Opposition amendments to extend the developer donation ban to also cover donations from trade unions to state and local government candidates, seeking to create a level playing field.
That the amendments be agreed to
Vote on opposition amendments to the Local Government Electoral (Belcarra) bill, moved by the member for Warrego and supported by Mr Janetzki, which sought to extend developer donation bans to also cover union donations. Defeated 39-50.
The motion was defeated.
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Ayes (39)
Noes (50)
That the amendment be agreed to
Government amendment to the Local Government (Councillor Complaints) bill, moved by the Minister for Local Government. Passed 49-42.
The motion passed.
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Ayes (49)
Noes (42)
That the amendment be agreed to
Party VoteGovernment amendment to clause 4 of the Local Government (Councillor Complaints) bill regarding how complaints about Brisbane City Council councillors are dealt with. Passed on the voices.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Vote on a motion
Vote on the allocation of time limit order (guillotine motion) moved by the Leader of the House to complete all remaining stages of both Local Government bills by 5 pm. The LNP opposed the motion as undemocratic. Passed 52-37.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (52)
Noes (37)
Vote on a motion
Division from elsewhere in the sitting day, unrelated to the Local Government cognate bill debate. Defeated 43-47.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (43)
Noes (47)
▸2 clause votes (all passed)
Vote on clause 13
Vote on clause 13 of the Local Government Electoral (Belcarra) bill. The LNP had moved amendments to this clause relating to donation provisions. The clause was retained unamended 51-38.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (51)
Noes (38)
Vote on clause 20
Vote on clause 20 regarding transitional and retrospectivity provisions in the Local Government Electoral bill. The LNP opposed the retrospective operation of the donation ban provisions. Passed 48-43.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (48)
Noes (43)
▸1 procedural vote
Vote to end debate
Closure motion to end debate and proceed to final votes on the bills. Passed 53-39.
Debate was ended and a vote was forced.
A procedural vote to end debate and force an immediate decision. Sometimes called a “gag motion”.
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Ayes (53)
Noes (39)
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
Assent date: 21 May 2018