Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Economics and Governance Committee
That the Electoral and Other Legislation Amendment Bill, as amended,
The motion passed.
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Ayes (91)
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That the long title of the Electoral and Other Legislation Amendment Bill
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Vote on a motion
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▸3 clause votes (all passed)
Vote on clause 108
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Vote on clause 116
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Vote on clause 47
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▸10 members spoke5 support5 mixed
As Minister for Local Government, introduced and moved the second reading of the bill, defending the government's rolling reform agenda to restore community faith and trust in local government following Operation Belcarra.
“Community confidence in local government is of paramount importance. As members are aware, the Crime and Corruption Commission formed the view that the systemic issues in the local government sector identified through Operation Belcarra justified the implementation of a more stringent regulatory framework.”— 2019-10-15View Hansard
As Shadow Minister for Local Government, supports the CCC's Belcarra recommendations but criticised the bill for including unrelated Labor reforms. Welcomed the government's last-minute amendments removing compulsory preferential voting provisions.
“The LNP opposition supports the recommendations made by the CCC in the Belcarra report. The LNP respects the hard work being undertaken by elected local government representatives across the state.”— 2019-10-15View Hansard
Criticised the minister's last-minute amendments removing compulsory preferential voting and conflict of interest provisions as a 'humiliating backdown', while supporting the underlying Belcarra recommendations.
“The two key planks of the Belcarra stage 2 bill have been thrown away in the last hour. They have been cast aside, which begs the question as to why we are even debating this bill?”— 2019-10-15View Hansard
As chair of the Economics and Governance Committee, defended the committee's recommendation that the bill be passed and criticised the opposition for partisan attacks rather than engaging with the substance of local government reform.
“When it comes to the tough job of reform of our local government sector, it is clear that the LNP are simply not up to it. They are not up to this difficult task of balancing competing priorities.”— 2019-10-15View Hansard
Spoke in support of the reforms to restore community confidence in local government following the 'darkest days' of corruption scandals, noting that her own council and councillors had made submissions to the committee inquiry.
“Integrity, transparency and accountability are the cornerstones on which our framework of government must be founded. It is important for us to continue to improve, and these amendments do just that.”— 2019-10-15View Hansard
Supports the legislation following removal of compulsory preferential voting provisions, but criticised the minister for frightening councillors across Queensland and attempting to rig the voting system to favour Labor.
“Yes, at the end of the day I support this legislation that we will vote on, but I am totally disappointed in all of this time and effort, threatening all the people involved in local government, for no outcome whatsoever.”— 2019-10-15View Hansard
Strongly supported the reforms as member for Ipswich, where the council was dismissed following CCC investigation into widespread corruption including 16 people charged with 91 criminal offences.
“The matters that arose out of the CCC's investigation into the Ipswich City Council were serious and effectively undermined the public's confidence in our council.”— 2019-10-15View Hansard
As former Local Government Minister, supports Belcarra reforms but strongly defended the 2012 LNP reforms to empower elected mayors, criticising the minister's attempts to use Belcarra to 'besmirch' the vast majority of good councillors.
“Faced with a choice between somebody sitting in an office in Brisbane and an elected mayor who is accountable to his or her community, I will take the elected mayor every day of the week.”— 2019-10-15View Hansard
Supported the comprehensive reforms to elections at state and local government level, emphasising the key focus on disclosure requirements and implementing CCC recommendations from Operation Belcarra.
“The Palaszczuk government has a strong record of enhancing electoral integrity, transparency and accountability in Queensland. These bills aim to further strengthen public confidence in both our electoral system and local government system as key democratic institutions.”— 2019-10-15View Hansard
Acknowledged the committee's deliberations but criticised Labor for including self-serving reforms beyond the CCC's recommendations, noting 58 per cent of clauses do not relate to the Belcarra report.
“We have already heard from my colleagues and relevant shadow ministers... about the evolution of Labor's bill that purports to implement recommendations from the CCC's 2017 Belcarra report.”— 2019-10-15View Hansard
Plain English Summary
Overview
This bill implements the second stage of reforms following the Crime and Corruption Commission's Operation Belcarra investigation into local government corruption. It strengthens electoral donation disclosure, introduces mandatory candidate training, tightens conflict of interest rules, and applies the same accountability framework to Brisbane City Council that applies to all other Queensland councils.
Who it affects
Local government councillors, candidates, and political donors face new transparency and disclosure requirements. Brisbane City Council is now subject to the same State intervention powers and complaints framework as other councils. Voters see changes to preferential voting and postal vote deadlines.
Electoral transparency and donations
Candidates, groups and third parties must disclose electoral expenditure and donations over $500 in near-real time. Donors must reveal the original source of gifts and loans. Candidates are prohibited from using credit cards for campaign expenses.
- Electoral expenditure and donations over $500 must be disclosed within 7 business days
- Donors must disclose the original source of gifts and loans over $500
- Credit cards prohibited for campaign expenses - must use dedicated account
- Groups of candidates must register before engaging in joint campaign activities
Candidate requirements
Prospective candidates must complete approved training about their obligations before nominating. Nominations must now include declarations about political party membership, contracts with council, and planning applications.
- Mandatory training course within 6 months before nomination
- Must declare political party membership and trade organisation membership
- Must declare contracts and tender processes with the local government
- Must declare planning applications made to the council
Conflict of interest rules
New categories of 'prescribed conflict of interest' and 'declarable conflict of interest' replace the old rules. Councillors with prescribed conflicts cannot participate in decisions. Penalties up to 200 penalty units or 2 years imprisonment.
- Prescribed conflicts of interest from gifts over $2,000, contracts, or planning applications
- Councillors must leave meetings while conflicted matters are discussed
- Other councillors can decide if someone with a declarable conflict may participate
- Penalties up to $27,000 or 2 years imprisonment for breaches
Brisbane City Council reforms
Brisbane City Council is now subject to the same councillor complaints framework and State intervention powers as all other Queensland councils. The 10-year information access exemption for the Establishment and Coordination Committee is removed.
- Independent assessor now handles BCC councillor conduct complaints
- State can suspend or dismiss BCC councillors or dissolve BCC in public interest
- BCC Establishment and Coordination Committee documents now accessible under RTI
- BCC councillor conduct review panel abolished
Mayoral powers and governance
Mayors lose the power to direct senior executive employees and to solely prepare the budget. The CEO now appoints all staff including senior executives, and must keep records of mayoral directions.
- Mayor can only direct the CEO, not senior executive employees
- Mayoral directions must be consistent with council resolutions
- CEO appoints all employees including senior executives
- Mayor no longer solely responsible for preparing the budget
Voting and electoral changes
Local government elections for mayors and single-councillor divisions now use full-preferential voting instead of optional-preferential. Postal vote application deadlines are brought forward.
- Full-preferential voting for mayoral and single-councillor elections
- Postal vote applications must be received 12 days before polling day
- Prisoners serving less than 3 years can now vote (aligning with Commonwealth)
- ECQ can change nomination or polling day for emergencies