Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill implements the second stage of reforms arising from the Crime and Corruption Commission's Operation Belcarra investigation into corruption risks at several Queensland councils. It strengthens donation transparency, overhauls how councillors manage conflicts of interest, expands the State's power to intervene in local government, brings Brisbane City Council under the same rules as other councils, and changes local government elections to full-preferential voting.
Who it affects
Local government councillors face tighter integrity rules and heavier penalties. Candidates must complete training and declare interests before nominating. Donors must reveal more about who they are and where their money comes from. Voters must now number all candidates on their ballots.
Electoral donation and expenditure transparency
Candidates, political parties, and third parties must now disclose electoral spending over $500. Donors must reveal the original source of gifts and loans, their occupation, and any interest in council matters. Credit cards are banned from campaign accounts. Penalties for disclosure offences are significantly increased.
- Electoral expenditure over $500 must be disclosed by candidates, groups, parties, and third parties
- Donors must disclose the original source of gifts and loans, their occupation, and any council interests
- Credit card payments from campaign accounts are banned — only bank transfers, debit cards, and cash allowed
- Penalties for failing to lodge or falsifying disclosure returns are increased and some become integrity offences (4-year ban from council)
Councillor conflict of interest reforms
The old 'material personal interest' and 'conflict of interest' categories are replaced with 'prescribed conflicts of interest' (councillor must leave the room) and 'declarable conflicts of interest' (other councillors vote on whether the conflicted councillor can participate). The rules now apply to all council decisions, not just meetings.
- New two-tier system: prescribed conflicts (mandatory exclusion) and declarable conflicts (peers decide)
- Penalties of up to 200 penalty units or 2 years imprisonment for failing to declare or leave
- Councillors who try to influence decisions they are conflicted on face up to 200 penalty units or 2 years jail
- Councillors must report suspected conflicts of interest by other councillors, with protections against retaliation
State intervention and Brisbane City Council alignment
The State gains broader powers to intervene in council affairs on 'public interest' grounds, including appointing advisors, revoking decisions, and dismissing councillors. Brisbane City Council is brought under the same intervention powers, complaints framework, and transparency rules as all other councils.
- State intervention powers expanded to include a broad 'public interest' test
- Full suite of intervention powers (including dismissal and dissolution) now applies to Brisbane City Council
- BCC councillor conduct review panel abolished — BCC now under the statewide complaints framework
- Right to Information exemption for BCC Establishment and Coordination Committee removed
Voting, candidate requirements, and council governance
Local government elections shift to full-preferential voting for mayors and single-councillor divisions. Candidates must complete mandatory training and declare interests before nominating. Mayors lose sole budget preparation responsibility and the power to direct senior executives. Additional decisions are prohibited during caretaker periods.
- Full-preferential voting replaces optional-preferential for mayoral and single-councillor elections
- Mandatory training course required before a person can nominate as a candidate
- Mayor's sole budget preparation responsibility and power to direct senior executives removed
- Additional decisions banned during caretaker periods, including changes to local laws and planning instruments
- Postal vote applications must be lodged at least 12 days before polling day (up from the Wednesday before)
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee1 May 2019View Hansard
Referred to Economics and Governance Committee
The Economics and Governance Committee examined the bill over approximately seven weeks and tabled its Report No. 26 on 21 June 2019. The committee recommended the bill be passed. However, the Queensland Government subsequently proposed amendments during consideration in detail to remove provisions relating to conflicts of interest, registers of interests, full preferential voting, and the presumption of knowledge of gifts and loans, citing concerns about the reversal of the onus of proof and the need for further review of consistency between local and state government frameworks.
Key findings (5)
- The committee recommended the bill be passed to implement Stage 2 of the Belcarra reforms for local government electoral integrity.
- Significant concerns were raised about clauses creating a presumption of knowledge for electoral gifts and loans, which reversed the onus of proof.
- The bill imposed higher obligations on local government councillors and election participants than applied to state parliamentarians, conflicting with the bill's policy objective of consistency across levels of government.
- The government proposed removing reforms to conflicts of interest and registers of interests to allow further review of the Crime and Corruption Commission's recommendations.
- Provisions for full preferential voting for mayors and councillors in single-member divisions were also proposed for removal by the government.
Recommendations (1)
- The committee recommends the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019 be passed.
▸Committee Report21 June 2019
Committee report tabled
Vote on a motion
Vote on the LNP's disallowance motion to overturn new fisheries regulations (Commercial Fisheries Regulation, Vessel Tracking Amendment Regulation, and Fisheries Amendment Declaration). This division was unrelated to the Belcarra/Electoral bills and concerned fisheries management regulations. The motion was defeated 40-48.
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 (45)
Noes (42)
▸Second Reading16 Oct 2019View Hansard
▸27 members spoke12 support15 mixed
Supported the Belcarra report recommendations but criticised the government for using the bill to advance Labor's political agenda, including compulsory preferential voting and prisoner voting provisions that were not recommended by any integrity body.
“We can all now breathe a sigh of relief knowing that the Labor Party has now ditched its cynical plan to force CPV on councils.”— 2019-10-16View Hansard
Introduced the bill as Minister for Local Government, outlining reforms for real-time expenditure disclosure, candidate nomination transparency, campaign account restrictions, mandatory training, and increased penalties. Announced amendments to remove compulsory preferential voting and conflict of interest provisions.
“With this bill, the Palaszczuk government continues its commitment to the local government rolling reform agenda and restoring community faith in the sector.”— 2019-10-15View Hansard
As a former Brisbane City councillor of nine years, supported the legislation as necessary to address the tarnished reputation of local government following the Ipswich, Logan and Moreton Bay scandals.
“On this side of the chamber, we know the value of local government. We do not exploit loopholes to pay for our taxi fares to Cher and Keith Urban concerts and we do not describe watching The Bachelorette as a 'work commitment'.”— 2019-10-16View Hansard
Supported the Belcarra CCC recommendations but heavily criticised the bill's non-Belcarra reforms as politically motivated, including CPV and mayoral power reductions. Opposed removal of mayoral powers over senior executive appointments and the attack on Brisbane City Council cabinet confidentiality.
“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
As a former councillor and deputy mayor, supported the Belcarra reforms but opposed amendments that fell outside the Belcarra and Soorley reports, particularly prisoner voting provisions.
“In general terms I support both of these bills but cannot agree with clause 27, entitling prisoners serving a sentence of less than three years a vote at any election.”— 2019-10-16View Hansard
Supported the bills, highlighting the mandatory candidate training provisions, improvements to councillor information access in Brisbane City Council, and the constitutional basis for prisoner voting.
“Members opposite seem to be saying that it does not matter what the High Court says, that we will do whatever we think and totally disregard the constitutional validity of our laws.”— 2019-10-16View Hansard
Criticised the government's humiliating backdown on compulsory preferential voting and removal of conflict of interest provisions due to the Deputy Premier's conduct, questioning why the bill was even being debated with its key planks removed.
“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
Fully supported the Belcarra recommendations but strongly criticised the government for using the bill to pursue political objectives, particularly compulsory preferential voting, and opposed prisoner voting.
“The Palaszczuk government is not guided, as the minister would have us believe, by the four key principles of integrity, transparency, diversity and consistency. It is guided by one principle: self-preservation.”— 2019-10-16View Hansard
Supported the bills as essential to rebuild faith in local government, highlighting real-time donation disclosure, identification of candidate teams, and changes to mayoral budget and CEO appointment powers.
“Only Labor can do it. It is only Labor that can drive integrity in local government. It is only Labor that will deliver the protections people want to see in local government.”— 2019-10-16View Hansard
Supported the bill as committee chair, defending the committee process and criticising the opposition for partisan attacks rather than engaging with the integrity issues at the heart of the reforms.
“The committee did determine, as recommendation 1, that the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Bill 2019 be passed.”— 2019-10-15View Hansard
Acknowledged the need for donation transparency but expressed deep concerns about the growing appetite to legislate good government at the local level, arguing that rural and regional councils are losing autonomy and councillors are being over-constrained.
“There is a cost to sometimes not having as much scrutiny and legislation. In the last few years there have been some highly evident bad outcomes in local government, but there is that saying that you cannot always legislate for idiots.”— 2019-10-16View Hansard
Supported the Belcarra recommendations and transparency reforms but was pleased the most controversial elements (CPV and conflict of interest changes) were dropped. Raised concerns about clarity on when candidature disclosure obligations begin.
“There are some sensible changes here. The most controversial have been dropped and I thank the government for listening to basically every stakeholder on those.”— 2019-10-15View Hansard
Supported the bill as continuing the government's reform agenda to restore confidence in local government, drawing on personal experience of integrity issues in the 2016 Redlands council election.
“Integrity, transparency and accountability are the cornerstones on which our framework of government must be founded.”— 2019-10-15View Hansard
Supported the Belcarra recommendations in the interest of transparency but criticised over 50 per cent of the bill's clauses as having no relationship to the Belcarra report, and opposed prisoner voting.
“Queenslanders deserve honest and accountable governance at every level. Sadly, some of our state's local governments were not upholding the standards that our communities set for us.”— 2019-10-16View Hansard
As a former Gold Coast mayor, supported the Belcarra integrity reforms but was totally disappointed in the bill's political motivations. Criticised the minister for driving people out of local government and the backflip on CPV and conflict of interest provisions.
“Until 12 or 24 hours ago, the intent of this legislation was for political purposes. That is not what this legislation should be about.”— 2019-10-15View Hansard
Supported the bills, focusing on the postal voting provisions and their importance for shiftworkers and FIFO workers, noting the changes would ensure postal votes are more likely to be counted.
“These changes to postal votes allow those critical postal votes that need to be counted to be received in a timely manner by the voters and then posted back.”— 2019-10-16View Hansard
Supported the bill drawing on the experience of Ipswich City Council's dismissal following Operation Windage corruption investigations, praising the reforms for restoring accountability and transparency.
“Through the Palaszczuk government's Belcarra reforms, we are bringing back stability and certainty for the city of Ipswich.”— 2019-10-15View Hansard
Supported the Belcarra recommendations to restore trust in local government but strongly opposed the prisoner voting provisions and criticised the postal voting deadline extension as exceeding the Soorley report's recommendations.
“No prisoner should have the right to vote. If you break the law, you forfeit the right to participate in deciding who makes the law.”— 2019-10-16View Hansard
As a former local government minister, supported the Belcarra changes but strongly criticised the minister's humiliating backdown on CPV and conflict of interest provisions, and defended the 2012 mayoral power reforms he introduced.
“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 bill as implementing comprehensive electoral reforms from the Belcarra and Soorley reports, highlighting expenditure disclosure, candidate training requirements, and group campaigning transparency.
“The bills before us provide some of the most comprehensive reforms to elections at a state and local government level that we have seen in some time.”— 2019-10-15View Hansard
Acknowledged the minister's consultation with councils but expressed concern about layers of bureaucracy discouraging good people from running for council, particularly in smaller communities where conflict of interest rules are impractical.
“We need to encourage good people to put themselves forward to represent their communities. We do not want layers of bureaucracy and scrutiny to the point where councillors cannot make decisions for their constituents.”— 2019-10-16View Hansard
As a committee member, acknowledged the intent of the Belcarra reforms but criticised Labor for including self-serving reforms with 58 per cent of clauses unrelated to the CCC's report, and was relieved CPV was ditched.
“We can now all breathe a sigh of relief knowing that the Labor Party has ditched its cynical plan to force CPV on councils, but it begs the question: why did the government initially introduce CPV in the first place?”— 2019-10-15View Hansard
Supported the Belcarra reforms but criticised over 58 per cent of the bill's clauses as unrelated to the Belcarra report, and raised concerns about conflict of interest rules for tiny remote councils like Diamantina Shire.
“We cannot bring in conflict of interest rules that would exclude everyone who wants to stand for council. The population is so small and the interconnections through family, business and shared interests are so dense that insensitive rules could well exclude everyone.”— 2019-10-16View Hansard
Provided detailed evidence of governance failures at Ipswich City Council including councillor discretionary spending, operational interference, and mismanagement of sporting facilities, arguing the reforms were necessary.
“Never let it be said that it was not a Labor MP that pointed out the Labor council's problems. I did it. I am very proud that I did it.”— 2019-10-16View Hansard
Supported the Belcarra recommendations but cautioned against excessive regulation that could disempower councillors and deter good candidates from standing, citing examples of council governance issues in his electorate.
“I would just caution all of us that it is best to have councillors who feel that they do have some freedom of action and who are accountable electorally to their constituents.”— 2019-10-16View Hansard
Supported the reforms, highlighting the case of a councillor in his area with 15 sustained misconduct charges and the importance of the mandatory training and group identification provisions.
“These are much needed reforms and I look forward to further reforming integrity and accountability for local councils.”— 2019-10-16View Hansard
As Minister for Local Government, defended the bill as implementing 14 Belcarra and 5 Soorley recommendations, refuted claims about postal voting exceeding the Soorley report, and argued the member for Broadwater's 2012 reforms giving mayors more power were the tipping point for the integrity crisis.
“The government and this parliament add value, drawing on the spirit of the recommendations and our consultation and engagement with the broader community to deliver the best possible outcomes for improvement and reform to local government.”— 2019-10-16View Hansard
▸In Detail
Government amendments removing provisions relating to councillor conflicts of interest, registers of interests, compulsory preferential voting for local government elections, and the presumption of knowledge of gifts and loans. The minister moved over 130 amendments to strip out controversial provisions following stakeholder feedback.
Vote on a motion
An LNP or crossbench motion that was defeated 40-48, with the ALP and Greens voting against. Based on the voting pattern, this was likely a motion moved by the opposition during consideration in detail.
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 (40)
Noes (48)
▸3 clause votes (all passed)
Vote on clause 108
Vote on whether to retain clause 108 of the Local Government Electoral bill, which related to reforms to the Local Government Electoral Act going beyond the Belcarra report recommendations. The LNP, KAP, PHON and independents voted against but the clause was retained.
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 (42)
Vote on clause 116
Vote on whether to retain clause 116 of the Local Government Electoral bill, which related to additional local government electoral reforms. The LNP, KAP, PHON and independents voted against but the clause was retained.
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)
Vote on clause 47
Vote on whether to retain clause 47 of the Local Government Electoral bill, which allowed prisoners serving sentences of three years or less to vote in elections, aligning Queensland with Commonwealth law. The LNP, KAP, PHON and independent Costigan voted against.
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 (49)
Noes (40)
▸Third Reading16 Oct 2019View Hansard
That the Electoral and Other Legislation Amendment Bill, as amended,
Third reading vote on the Electoral and Other Legislation Amendment Bill as a whole. Passed unanimously 91-0 as the bill required an absolute majority under section 4A of the Constitution.
The motion passed.
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Ayes (91)
Noes (0)
That the long title of the Electoral and Other Legislation Amendment Bill
Formal vote on the long title of the Electoral and Other Legislation Amendment Bill, required because the bill needed an absolute majority under section 4A of the Constitution. Passed unanimously 91-0.
The motion passed.
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Ayes (91)
Noes (0)
Assent date: 30 October 2019