Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023
Plain English Summary
Overview
This bill reforms Queensland's councillor conduct complaints system based on a parliamentary committee inquiry that found the system was too slow and resource-intensive. It also strengthens councillor conflict of interest rules, introduces compulsory training for councillors, modernises advertising requirements, and makes amendments to support the Queen's Wharf Brisbane development.
Who it affects
Local government councillors face mandatory training and stricter conflict of interest rules. People who lodge complaints about councillors will have time limits to do so, but legitimate complaints should be processed more efficiently. Councils must publish more information about conduct investigations.
Councillor conduct complaints overhaul
The bill introduces a mandatory preliminary assessment (triage) process for the Independent Assessor to filter out insubstantial complaints earlier. It sets time limits for lodging complaints, allows the IA to recommend training or mediation instead of formal action, and stops the system from applying to former councillors except for suspected corruption.
- Complaints must be lodged within one year of the conduct, or two years in exceptional circumstances
- Independent Assessor must conduct a preliminary assessment before deciding whether to investigate
- Repeat vexatious complainants can be declared vexatious and barred from making complaints for up to four years
- Conduct complaints system no longer applies to former councillors, except for suspected corrupt conduct
Councillor Conduct Tribunal and transparency
The Councillor Conduct Tribunal gains a new deputy president and can now be constituted by a single member for less complex matters. Tribunal decisions must be published in full with appropriate redactions, and councils must publish investigation reports publicly.
- Tribunal decisions must be published in full (with redactions to protect complainants and witnesses)
- Tribunal can be constituted by one to three members instead of a minimum of two
- New deputy president role created for the Tribunal
- Independent Assessor can withdraw applications from the Tribunal in the public interest
Conflict of interest and councillor training
The bill expands the list of ordinary business matters exempt from conflict of interest rules, so councillors can participate in routine decisions like budget preparation. It clarifies that participating in a decision while having an undisclosed declarable conflict of interest is misconduct. All councillors must complete compulsory training.
- Councillors must complete mandatory training on their responsibilities including conflicts of interest
- Failure to complete training can result in suspension without pay, or dismissal after one year
- New ordinary business exemptions for budget preparation, charitable donations, and official events
- Participating in a decision with an undisclosed declarable conflict of interest is now explicitly misconduct (maximum 200 penalty units or 2 years imprisonment for dishonest conduct)
Advertising modernisation and other changes
The bill replaces remaining newspaper advertising requirements with website publication across local government legislation. It gives the Electoral Commission discretion on election cost recovery and amends the Queen's Wharf Brisbane Act to enable freehold land grants for the development.
- Local government advertising requirements move from print newspapers to council websites
- Electoral Commission of Queensland can choose to absorb some or all election costs rather than passing them to councils
- Queen's Wharf Brisbane Act amended to facilitate freehold tenure for the development precinct
- References to 'Moreton Bay Regional Council' updated to 'Moreton Bay City Council' across seven Acts
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Sept 2023 – 15 Nov 2023View Hansard
Referred to State Development and Regional Industries Committee
Vote on a motion
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 (49)
Noes (32)
Vote on a motion
Party VoteProcedural motion to adjourn the debate on the Local Government (Councillor Conduct) and Other Legislation Amendment Bill, moved by Mr Perrett at the end of the sitting day.
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.
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.
▸Second Reading14 Nov 2023 – 15 Nov 2023View Hansard
▸29 members spoke29 support
Continued his speech from the previous day, supporting the bill while criticising the existing councillor complaints system as having gone too far, citing examples of frivolous complaints including the case of Barcaldine mayor Sean Dillon being investigated for expressing views about COVID vaccine availability.
“For months the mayor of Barcaldine, Sean Dillon, was investigated because he was concerned whether COVID vaccines would be available to all members of his rural community.”— 2023-11-15View Hansard
As Deputy Premier and Minister for Local Government, moved the second reading and outlined how the bill recalibrates the councillor conduct framework following extensive consultation and 40 committee recommendations, streamlining the complaints system while enhancing conflict of interest requirements.
“This bill is the culmination of an extensive consultation process with the local government sector and the broader community to address concerns about the operation of the councillor conduct complaints system.”— 2023-11-14View Hansard
Supported the bill and its reforms to the councillor conduct framework, acknowledging the broad stakeholder support and the need to recalibrate the system to focus on matters of public interest.
“It is imperative that they operate with integrity and good governance in everything they do, just as we do.”— 2023-11-15View Hansard
Supported the bill as the LNP's local government spokesperson, welcoming reforms to address the weaponisation of the conduct complaints system and the overreach of the Independent Assessor. Noted improvements for Indigenous councils.
“I also want to mention the improvements for the Indigenous councils in Queensland. It is very difficult for them. Often they all come from different families.”— 2023-11-14View Hansard
Confirmed the KAP would support the bill, acknowledging the difficulties councillors face and supporting reforms to the complaints system while noting the need to balance accountability with allowing councillors to do their jobs.
“The KAP will not be opposing the bill. We will support it as it passes through the House.”— 2023-11-15View Hansard
As committee chair, praised the bill as going above and beyond the committee's recommendations. Highlighted the committee's year-long inquiry involving 14 hearings and 47 witnesses, and thanked councillors for their constructive engagement.
“I think he has brought forward an excellent bill—one that really goes above and beyond what is needed to help improve the system.”— 2023-11-14View Hansard
Supported the bill, emphasising the importance of integrity and good governance in local government and praising the committee's consultation process.
“It is only right and proper that such systems that are in place are appropriately reviewed and amended from time to time to reflect and keep up with best practices and performances.”— 2023-11-15View Hansard
As committee deputy chair, supported the bill addressing the overreach and weaponisation of the councillor conduct system. Emphasised the need for proper implementation and monitoring of the reforms.
“This will see the good people in local government across Queensland supported through their conduct management system so that they can have confidence when doing their job.”— 2023-11-14View Hansard
Supported the bill implementing 19 of the committee's 40 recommendations, expressing appreciation for the work of the Indigenous Leaders Forum and emphasising the need to tailor the system for Indigenous councils.
“The proposed amendments aim to realign the councillor conduct framework, making it more effective and efficient, with a focus on allowing only substantive matters in the public interest to proceed for determination.”— 2023-11-15View Hansard
Supported the bill as a committee member, detailing the committee's findings about the Independent Assessor's performance and the need for a more streamlined complaints process.
“We put a lot of effort into our final report and that led to the bill that was tabled by the Deputy Premier.”— 2023-11-14View Hansard
Strongly supported the bill, drawing extensively on experiences with Redland City Council where the OIA system had been weaponised through frivolous and vexatious complaints, particularly against councillors who spoke out against the mayor.
“In fact, I went back through the Redland City Council's Councillor Conduct Register from July 2022 to now—about 16 months worth—and found that there have been over 60 complaints.”— 2023-11-15View Hansard
Supported the bill as a committee member while noting some stakeholders initially wanted the entire conduct system abolished. Acknowledged the amendments improve the situation within the existing framework.
“These amendments will improve the situation and are done in the best interests as far as we are concerned.”— 2023-11-14View Hansard
Supported the bill, noting 3,800 complaints had been lodged since the OIA was introduced in 2018 for 578 councillors, and commending the comprehensive review and reforms including conflict of interest clarifications and the new public interest test.
“Between the introduction of the OIA and the start of what has been a comprehensive review into the Independent Assessor and councillor complaints system, 3,800 complaints have been lodged.”— 2023-11-15View Hansard
Supported the bill as a committee member, noting the extensive inquiry process and the improvements to the councillor conduct system. Praised the collaborative committee work.
“This is a great bill. Well done to the Deputy Premier and all of the members of the committee.”— 2023-11-14View Hansard
Supported the bill, outlining the committee's five recommendations and the bill's objectives to recalibrate the councillor conduct framework.
“The objectives of the bill are to implement the government's policy in relation to certain recommendations of the State Development and Regional Industries Committee.”— 2023-11-15View Hansard
Supported the bill, noting the bipartisan nature of the inquiry and that all committee members reached similar conclusions. Suggested the legislation may need further review to ensure it works effectively.
“Honourable members can see from the members of the committee who have spoken so far that this was a bipartisan inquiry and we all pretty much came to the same conclusion.”— 2023-11-14View Hansard
Supported the bill, noting the government accepted all 40 committee recommendations and that 19 required legislative changes, praising the reforms to refocus the system on matters of substance and public interest.
“To ensure the public can have confidence in their elected councillors, there needs to be a framework that reflects community standards.”— 2023-11-15View Hansard
Supported the bill as Assistant Minister for Local Government, drawing on conversations with councils at 94 regional locations. Emphasised the shared objectives of creating an improved and effective councillor conduct system.
“Since the review was referred to the committee on 25 October 2021 I have travelled to 94 regional locations in my capacity as the Assistant Minister for Local Government.”— 2023-11-14View Hansard
Supported the bill and thanked the Deputy Premier for bringing it forward, rebutting claims that the housing crisis was linked to the councillor conduct system and discussing the Queen's Wharf amendments in the bill.
“The councillors that they once knew pre Belcarra and pre the legislation can no longer operate.”— 2023-11-15View Hansard
Supported the bill's intent to streamline the councillor conduct complaints process and cited examples of disproportionate investigations into minor matters, including a mayor investigated for raising concerns about COVID vaccine availability.
“For months the Mayor of Barcaldine, Sean Dillon, was investigated because he was concerned whether COVID vaccines would be available to all members of his rural community.”— 2023-11-14View Hansard
Supported the bill while strongly criticising the existing 2018 system as intimidatory and suppressive of open debate, particularly for rural and regional councils, citing the cases of Rockhampton mayor Margaret Strelow and Barcaldine mayor Sean Dillon.
“It is no exaggeration to say that the 2018 laws around councillor conduct have resulted in a system which is intimidatory.”— 2023-11-15View Hansard
Supported the bill as a former Department of Local Government employee, defending the existing system while supporting reforms, and rebuking opposition claims that the system was 'broken' as unfair to hardworking public servants.
“The bill continues the progression of local government reforms that the Palaszczuk government has always maintained are essential for the transparency and integrity of local government governance.”— 2023-11-15View Hansard
Supported the bill, speaking extensively about the unique challenges faced by Indigenous councils in her electorate and the need for culturally appropriate training and support for Aboriginal and Torres Strait Islander councillors.
“I would like to acknowledge the Deputy Premier, the Hon. Steven Miles, for his work to bring this important legislative reform to parliament.”— 2023-11-15View Hansard
Supported the bill, focusing on the conflict of interest provisions and citing examples from the Toowoomba Regional Council area where the existing system created problems for councillors who felt afraid to speak publicly.
“Councillors traditionally come from a community involvement background before putting their names forward to contest a council representative position.”— 2023-11-15View Hansard
Supported the bill, agreeing the system was 'broken' and describing how the overuse of councillor conduct rules had plagued the Southern Downs Regional Council, where councillors competed electorally and weaponised the complaints system against each other.
“The role of local government has been diminished, not protected, by the system that the councillors operate under.”— 2023-11-15View Hansard
Supported the bill, noting councillors had become hogtied and fearful since the Belcarra legislation, and also addressed the reclassification of Moreton Bay Regional Council to Moreton Bay City Council included in the bill.
“As other members have said—and what this bill demonstrates—is that perhaps there was overreach in terms of dealing with councillor complaints. Now we have to bring it back.”— 2023-11-15View Hansard
Supported the bill, using the example of Redland City Council's LNP mayor Karen Williams and the targeting of Councillor Adelia Berridge through 34 frivolous complaints to argue the system needed reform to prevent vexatious use.
“I congratulate councillors like Adelia Berridge who stood up to the mayor and who has endured, as I said, 34 frivolous and vexatious complaints.”— 2023-11-15View Hansard
Supported the bill, citing examples from the Scenic Rim where a former councillor received 70 complaints that drove him from office, and criticising the OIA's power to seize journalistic notes as overreach that was not addressed in the bill.
“That is one of the reasons we are supporting the bill. I commend the committee for the work they have done.”— 2023-11-15View Hansard
Replied to the second reading debate as Deputy Premier and Minister for Local Government, addressing specific matters raised by members including the Queen's Wharf amendments, the application to Indigenous councils, the Independent Assessor's preliminary assessment process, and the Queen's Wharf Brisbane Act issues.
“The bill will recalibrate the councillor conduct framework to make it more effective and more efficient and in line with the public interest.”— 2023-11-15View Hansard
▸In Detail15 Nov 2023View Hansard
Amendment 1: Technical amendment to clause 24 renumbering section 178(1)(f)(vii) to (ix) as section 178(1)(f)(v) to (vii).
Amendment 2: Technical amendment to clause 46 inserting missing word 'of' after 'effects'.
Amendments 3 to 6: Amendments to clause 102 correcting transitional provisions, including removing erroneous text, inserting reference to contraventions of acceptable requests guidelines, and consequential numbering fixes.
Amendment 7: Technical amendment to clause 105 renumbering section 186(1)(f)(vii) to (ix) as section 186(1)(f)(v) to (vii), mirroring amendment 1.
Amendment 8: New clause 113A amending local government electoral expenditure provisions to broaden the requirement for dedicated accounts to cover all election campaign conduct expenses, not just electoral expenditure.
Amendments 9-10: Further amendments outside the long title updating local government electoral expenditure definitions to cover broader election campaign costs.
That the amendment be agreed to
The motion passed.
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Ayes (48)
Noes (34)
That the motion, as amended, be agreed to
The motion passed.