Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Vote on a motion
The motion was agreed to.
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Ayes (52)
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▸1 procedural vote
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Ayes (53)
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Referred to Economics and Governance Committee
Vote on a motion
Procedural vote on whether to treat the Local Government (Councillor Complaints) and Other Legislation Amendment Bill and the Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Bill as cognate bills for their remaining stages, with separate questions for second and third readings but consideration in detail together. The LNP opposed the cognate motion.
The motion was agreed to.
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Ayes (50)
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Vote on a motion
The motion was rejected.
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Ayes (43)
Noes (47)
▸31 members spoke15 support11 oppose5 mixed
As the responsible Minister, introduced the bills to establish an Independent Assessor for councillor complaints, create a uniform code of conduct for councillors, and ban property developer donations at both local and state government levels.
“Queenslanders expect and deserve good government—government that is transparent and accountable. It is on these very foundations that all good governments are built.”— 2018-05-15View Hansard
Expressed concern about the government's foreshadowed amendments regarding ministerial powers to suspend or dismiss councillors, noting they have not been through the committee system and may represent overreach.
“These amendments should have been referred to the committee due to the powers they confer on the minister. They are particularly wideranging powers.”— 2018-05-15View Hansard
Spoke in support of the bill while raising concerns about potential loopholes allowing interstate entities to launder donations, and criticised the Greens for accepting donations that did not meet Queensland disclosure requirements.
“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, but that is what the LNP is suggesting.”— 2018-05-15View Hansard
As committee chair, spoke in support of both bills. Argued the LNP's proposed amendment to ban union donations was already ruled unconstitutional by the High Court and would be a waste of time.
“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
Strongly criticised extending the property developer donation ban to state elections, arguing it lacks evidence and ignores CCC advice. Announced intention to move amendments to include unions in the donation ban.
“The chairman of the CCC went on to say... the CCC did not contemplate that the proposed reforms would be introduced without preliminary review to identify and mitigate corruption risks in state elections and decision-making.”— 2018-05-15View Hansard
Spoke in support of the bills, emphasising the importance of public trust in the political process and criticising the LNP for clinging to secrecy around donations.
“There is no more essential or fragile component of our political process than the trust of the public in that system. Members of the Queensland community have an expectation that those they elect to represent them will govern solely in their interest.”— 2018-05-15View Hansard
Strongly criticised the bill as a political ploy to hobble the LNP. Argued the Belcarra inquiry found no corruption and that existing mechanisms could catch wrongdoers without banning developer donations.
“This legislation quite clearly is aimed at hobbling the LNP and its major supporters who have helped the LNP in local government elections. It is wrong, wrong, wrong to say that just because developers want to donate to a particular party with a particular philosophy they are doing so for a corrupt purpose.”— 2018-05-15View Hansard
Spoke in support of both bills, citing the Fitzgerald inquiry legacy and expressing pride in the CCC's Operation Belcarra work to improve local government integrity.
“At the heart of these reforms is the important value of integrity. Integrity underpins these reforms.”— 2018-05-15View Hansard
Opposed the prohibited donation provisions at state level while supporting the CCC's recommendations for local government electoral reform.
“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
Spoke in support of the bills, noting the dark days in local government and the need for reform. Criticised the LNP for sacking 30 CCC staff when in government.
“In recent years, we have seen what some would say are the darkest days in the history of local government—a never-ending procession of newspaper headlines highlighting the significant issues that exist within local government authorities.”— 2018-05-15View Hansard
Argued the bill was hastily written for political purposes before the state election, citing CCC chairman's concerns about constitutional validity and lack of evidence base for state-level provisions.
“The government significantly departed from the CCC's recommendation for the purpose of blatant political manoeuvring to give itself an unfair advantage at the then imminent and pending state government election.”— 2018-05-15View Hansard
Supported changes to councillor complaints but criticised the Belcarra bill's focus on property developers while ignoring union donations to the Labor Party.
“The double standard is staggering when one considers that the Labor Party eagerly puts its hand out to accept millions in donations from unions, even when the leaders of these unions are regularly before the courts for criminal, threatening and intimidating behaviour.”— 2018-05-15View Hansard
Spoke in support of the bills, congratulating the new Fraser Coast mayor and emphasising the need to stop developers influencing council decisions through donations.
“I have no problem with property developers. They are a part of the system. However, I do have a problem when they start influencing the decisions of councils.”— 2018-05-15View Hansard
As Leader of the Opposition, criticised the Premier for ignoring CCC advice on extending donation bans to state level, and questioned why unions are not considered to have undue influence.
“Will the Premier accept the advice from the independent CCC chair and undertake an inquiry into state political donations before introducing bans at the state level, or will the Premier instead acquiesce to her union bosses?”— 2018-05-15View Hansard
Supported changes to local government but criticised the overreach in extending developer donation bans to state elections without CCC recommendation, calling it politically motivated.
“This example demonstrates that, as the CCC rightly identified, there is potentially the risk of corruption at the local level but none at the state level. Why are those opposite undertaking this overreach in the bill before the House today?”— 2018-05-15View Hansard
Argued there is no evidence before the House to justify extending the developer donation ban to state elections, and supported amendments to include unions in the ban.
“There is nothing before the House to indicate that the government has complied with the basic test of evidence to substantiate the claim that the amendments impacting upon state elections should be put forward.”— 2018-05-15View Hansard
Spoke in support of both bills, citing examples of repeated misconduct by a local councillor to demonstrate the need for an Independent Assessor.
“For the people of Redlands and, in particular, the people of division 9 at Capalaba, these bills cannot come quick enough.”— 2018-05-15View Hansard
Criticised the bill as having double standards by targeting developers but not unions, and argued the state-level provisions are politically motivated rather than evidence-based.
“If we are to believe that the intent of this legislation is to increase transparency, integrity and accountability, 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 vast majority of changes but raised concerns about provisions allowing councillors to determine another councillor's conflict of interest, and the broad 'public interest' powers granted to the minister.
“I believe in the fullness of time we will see it to be wrong if we do not make this amendment that I am proposing today. That is the change to section 177G, which puts an onus on a councillor to report if they believe another councillor has a conflict of interest.”— 2018-05-15View Hansard
Described the state-level donation ban provisions as political opportunism and criticised union influence over the Labor government.
“This is simply political opportunism taken to a new level.”— 2018-05-15View Hansard
As a former councillor with 12 years experience, spoke in support of both bills, particularly welcoming the changes to conflict of interest provisions and the Independent Assessor role.
“I think these bills go a long way towards breaking the nexus between political donations and local developers. That is a good thing for the overall health of local government in Queensland.”— 2018-05-15View Hansard
Strongly criticised the bill's extension to state elections and its retrospectivity, arguing it would give Labor a distinct financial advantage by banning developer donations while allowing union donations.
“I put it to honourable members as they are thinking about Queensland and its governance... that they should not bring legislation into this place that will allow one side of politics to have a distinct financial advantage over the other.”— 2018-05-15View Hansard
As a former Somerset Regional Council councillor, spoke in support of both bills, noting the importance of the Independent Assessor and code of conduct provisions.
“I have been disappointed to hear members of the opposition consistently make statements to the effect that we should not ban donations from developers. This is the core finding of the Belcarra report.”— 2018-05-15View Hansard
Criticised the bill as Labor's attempt to stack the deck electorally, and expressed concern about presumption of innocence for councillors facing media-driven complaints.
“In my opinion, the bill exemplifies the overreach of this Labor government, which is used to being in power in Queensland for much of the last century apart from when they have internal divisions. They think they can now stack the deck electorally.”— 2018-05-15View Hansard
As Attorney-General, spoke in support of both bills, defending the extension of donation bans to state level and rejecting claims the legislation was being rushed.
“The state government has significant powers in relation to the planning area. I find it extraordinary that those on the other side would say that there can be no influence, no perception of influence or no need to extend the recommendation of the CCC to ban developer donations at a local government level to the state level.”— 2018-05-15View Hansard
Criticised the Belcarra bill's extension to state level as politically motivated and a farce, with the ECQ refusing to answer questions publicly.
“The Palaszczuk Labor government, by ignoring the CCC, shows that this bill as it applies to the state is purely politically motivated.”— 2018-05-15View Hansard
As a Gold Coast state member, spoke in support of both bills as reforms that Gold Coasters have been awaiting to restore faith in local government.
“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
Spoke in support of the bills while criticising the handling of complaints about Ipswich City Council. Called for an investigation into the Local Government Association of Queensland.
“It is time to close the door on this bad behaviour and wicked culture within some councils in Queensland. It is time for the people in the various regions to reclaim their councils.”— 2018-05-15View Hansard
Spoke in support of both bills, emphasising the need to rebuild trust and confidence in local government for the people of Ipswich.
“On behalf of my constituents I want to ensure the best outcome for Ipswich and rebuild trust and confidence in our system of local governance.”— 2018-05-15View Hansard
As Minister for Housing and Public Works, spoke in support of the bills, emphasising the importance of openness, transparency and accountability in all levels of government.
“There is nothing more important in government than openness, transparency and accountability and it is both an immense honour and an immense responsibility to be elected to represent the people of Queensland.”— 2018-05-15View Hansard
As a committee member with 17 years local government experience, supported the overall objectives of integrity, transparency and accountability while stressing the importance of close cooperation with councils and the LGAQ.
“It is always at the heart and soul of LNP members in this chamber to ensure integrity, transparency and accountability and to hold the government to account to these values.”— 2018-05-15View Hansard
That the amendment be agreed to
The motion passed.
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Ayes (49)
Noes (42)
That the amendments be agreed to
The motion was defeated.
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Ayes (39)
Noes (50)
That the amendment be agreed to
Party VoteThe motion passed.
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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.
▸2 clause votes (all passed)
Vote on clause 13
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
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)
Plain English Summary
Overview
This bill bans political donations from property developers at both local and state government levels, and strengthens how councillors must declare and manage conflicts of interest. It implements recommendations from the Crime and Corruption Commission's Operation Belcarra investigation into local government corruption risks.
Who it affects
Property developers can no longer donate to political candidates, parties, or MPs. Councillors face stricter requirements to declare conflicts of interest, with other councillors voting on whether they must leave meetings.
Key changes
- Property developers banned from making political donations at local and state levels
- Up to 10 years imprisonment for schemes to circumvent donation bans
- Councillors must provide specific details when declaring conflicts of interest
- Other councillors vote on whether a conflicted councillor must leave the meeting
- Councillors must report if they suspect another councillor has a conflict of interest
- Conflict decisions must be recorded in meeting minutes and published on council websites