Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
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, moved by Mr Perrett at the end of his speech when the sitting was concluding for the 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.
▸33 members spoke30 support3 mixed
Criticised the current complaints system as broken and intimidating to councillors, but stated he will not oppose the bill as the LNP values transparency and the role of local government.
“I will not oppose the bill.”— 2023-11-15View Hansard
Moved the second reading as Deputy Premier and Minister for Local Government, outlining the bill as the culmination of extensive consultation to recalibrate the councillor conduct framework to be more effective and efficient, implementing 19 of 40 committee recommendations.
“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
Praised the committee's tripartite approach and broad support from the LGAQ and councillors. Supported compulsory training requirements for councillors.
“I rise to speak in support of the Local Government (Councillor Conduct) and Other Legislation Amendment Bill.”— 2023-11-15View Hansard
Stated the LNP would not oppose the bill as it provides improvements to the complaints system, but raised concerns about the delay in bringing it forward and issues with the original 2018 framework that necessitated these reforms.
“The LNP supports integrity and transparency in government and that includes local government. The LNP will not oppose this legislation as the bill provides improvements to the local government complaints system.”— 2023-11-14View Hansard
Acknowledged the challenging conditions councillors face and stated the KAP will support the bill as it passes through the House.
“The KAP will not be opposing the bill. We will support it as it passes through the House.”— 2023-11-15View Hansard
Supported the bill as committee chair, highlighting the preliminary assessment process as one of its most important reforms and rejecting claims the system was 'broken', saying it had generally worked well but needed improvement.
“This is not a broken system. It has generally worked well but has needed improvement.”— 2023-11-14View Hansard
Supported the bill as essential reform to ensure councillors operate with integrity and good governance, praising the committee's broad consultation process.
“I rise to speak in support of the Local Government (Councillor Conduct) and Other Legislation Amendment Bill.”— 2023-11-15View Hansard
Supported the bill as deputy committee chair, noting the inquiry was bipartisan and highlighting serious problems with system delays of up to 2.5 years and misaligned interpretations between the department, Independent Assessor and Councillor Conduct Tribunal.
“We want to put in place a system of councillor conduct that is simple to understand and easy to negotiate for those councillors and mayors who are proud to be community leaders and serve in local government.”— 2023-11-14View Hansard
Acknowledged reforms are needed following Gold Coast council's experience with frivolous complaints costing ratepayers $200,000. Tabled Mayor Tom Tate's submission supporting the changes but noting implementation concerns.
“Whilst this bill is a pivotal step towards strengthening our local governance, the opposition will not oppose the bill.”— 2023-11-15View Hansard
Supported the bill as a committee member, outlining how the bill implements recommendations from the committee's inquiry into the Independent Assessor and councillor conduct complaints system.
“The committee found that the Office of the Independent Assessor was broadly sound but improvements were needed.”— 2023-11-14View Hansard
Detailed dysfunction at Redland City Council with over 60 complaints in 16 months. Strongly supported the pre-assessment process and reforms to address vexatious complaints.
“I really hope this legislation goes a long way to solving some of our problems out in Redland City Council. I commend this bill to the House.”— 2023-11-15View Hansard
Acknowledged the purpose of the reforms but expressed scepticism about the complaints system overall, sharing personal experiences of the overly restrictive culture it creates for councillors and questioning whether CEOs face equivalent scrutiny.
“To be blunt, I probably echo the sentiment of some commentators and some of the more significant stakeholders in this at the start when asked, 'What do you think of this?' and they said, 'I would probably just throw it all in the bin.'”— 2023-11-14View Hansard
As a former councillor, welcomed changes to address vexatious complaints and politicisation of the system, while noting concerns about anonymous complaints not being banned.
“I commend the bill to the House.”— 2023-11-15View Hansard
Supported the bill as a committee member, acknowledging the extensive bipartisan inquiry process and concerns raised about weaponisation of the complaints system and overreach by the Office of the Independent Assessor.
“The initial conversations we had with councillors and mayors about the OIA related to weaponising of the system and overreach.”— 2023-11-14View Hansard
Supported the bill as improving the complaints framework. Raised concerns about vexatious complaints at Ipswich City Council where 65 of 68 complaints were dismissed.
“I do believe the majority of local government councillors within Queensland operate professionally and meet their requirements under the law.”— 2023-11-15View Hansard
Supported the bill as a committee member, noting the inquiry was truly bipartisan and the legislation would help fix a system where councillors were in constant fear and some were in tears over the complaints process.
“If councillors are in constant fear, then the system is probably broken, and it was broken. This legislation through the good work of the committee will start to fix some of those things.”— 2023-11-14View Hansard
Stated the LNP supports integrity and transparency in local government. Characterised the current system as broken due to the 2018 Labor changes but hoped this bill would fix it.
“It can only be hoped that, with the passage of this legislation, Labor's mess with respect to the framework for managing and resolving complaints made against mayors and councillors is fixed once and for all.”— 2023-11-15View Hansard
Supported the bill as Assistant Minister for Local Government, noting she had visited 94 regional locations and had extensive conversations with the sector about the need for improvements to the complaints system.
“Natural justice must be provided and the weaponisation of this system plays no constructive role in community development at all.”— 2023-11-14View Hansard
Supported the bill's reforms to recalibrate the councillor conduct framework, making it more efficient and focused on substantive matters in the public interest.
“I rise in support of the Local Government (Councillor Conduct) and Other Legislation Amendment Bill.”— 2023-11-15View Hansard
Supported the bill's reforms but criticised the government for delays in bringing it forward, noting it was being debated more than a year after the system was found to be broken and more than two years after the Deputy Premier promised reform.
“The councillor conduct report, which was tabled in October last year, revealed a broken system. It revealed elected representatives were being prevented from doing their jobs by an overbearing complaints system operating beyond its brief.”— 2023-11-14View Hansard
As Leader of the Opposition, stated the LNP will not oppose the bill. Criticised how the current system has destroyed careers and relationships of councillors facing vexatious complaints.
“When I listen to those mayors and councillors tell me what life is like living under a constant stream of vexatious complaints and no-one has listened to them, it has destroyed careers, it has destroyed relationships.”— 2023-11-15View Hansard
Rejected characterisation of the system as broken, arguing it is important but needed review. Praised the improvements to preliminary assessment and handling of vexatious complaints.
“This bill will lead to greater efficiency in how we manage complaints against councillors. It will lead to better standards of behaviour.”— 2023-11-15View Hansard
Strongly criticised the 2018 laws as intimidatory, citing the case of Mayor Sean Dillon of Barcaldine being investigated for COVID vaccine concerns. Supported the reforms but argued they do not go far enough.
“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
Defended public servants who administer the system and supported the bill's refinements including compulsory training and the preliminary assessment process.
“I believe it is unfair and a downright insult to our hardworking public servants who work in a very difficult space between the levels of government, but they do so with absolute professionalism and transparency at all times.”— 2023-11-15View Hansard
The Greens supported the bill as making sensible changes, but criticised it as tinkering at the edges while developer donations and corruption remain unaddressed.
“The Greens will be supporting this bill. It makes some good and sensible changes to the councillor conduct complaints system.”— 2023-11-15View Hansard
Spoke about the unique challenges facing Indigenous councils and the psychological toll of OIA investigations on councillors. Fully supported the changes as achieving a balanced approach.
“I fully support the changes. If anything, it will remove the fear of running for office in the future and support local leaders and community champions.”— 2023-11-15View Hansard
Welcomed the reforms to the broken complaints system, citing examples of OIA overreach including complaints about councillors blocking social media abuse.
“The councillor complaints system is broken and we welcome these reforms to it.”— 2023-11-15View Hansard
Highlighted the challenges of vexatious complaints, particularly from inside councils. While not opposing the bill, noted concerns about vexatious complaints from councillors not being addressed.
“While the LNP will not be opposing the bill, the concerns around vexatious complaints are well made out.”— 2023-11-15View Hansard
Strongly agreed the system is broken, citing Mayor Vic Pennisi of Southern Downs who had over 50 complaints against him, all dismissed. Supported improvements but argued the bill does not go far enough.
“I certainly commend the improvements and wish to see more.”— 2023-11-15View Hansard
Discussed the reclassification of Moreton Bay Regional Council to City Council. Supported freeing councillors from being hamstrung by pedantic and vexatious complaints.
“It is my hope that the changes we are debating here today will free that up a bit and will take some of those pedantic, frivolous and vexatious claims about councillor conduct out of the OIA.”— 2023-11-15View Hansard
Discussed the conduct of LNP Mayor Karen Williams of Redlands and the vexatious complaints faced by Councillor Berridge who called for the mayor's resignation. Supported the bill's tribunal reforms.
“I wholeheartedly support this bill.”— 2023-11-15View Hansard
Cited case of former councillor Derek Swanborough who had 70 complaints and was driven out of office. Welcomed reforms but noted the bill does not address OIA's power to seize journalistic notes.
“I commend the committee for the work they have done. It looks like they have had a very even-handed approach and I thank them for that work.”— 2023-11-15View Hansard
As Deputy Premier and Minister for Local Government, moved the bill and spoke in reply. Emphasised that the bill will recalibrate the councillor conduct framework and has broad stakeholder support.
“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
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.
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Ayes (48)
Noes (34)
Plain English Summary
Overview
This bill reforms Queensland's system for handling complaints about local councillor conduct. It makes the process faster by requiring upfront assessments of complaints, sets time limits for making complaints, and focuses resources on serious misconduct rather than minor breaches. The bill also introduces mandatory training for councillors and strengthens conflict of interest rules.
Who it affects
Local councillors face new training requirements and clearer conflict of interest rules. People who want to complain about councillor behaviour must do so within one year, and repeat vexatious complainants can be restricted from making further complaints.
Councillor conduct complaints system
Overhauls how complaints about councillors are handled. The Independent Assessor must now conduct preliminary assessments before investigating, complaints must be lodged within one year, and minor or vexatious matters can be dismissed earlier. Former councillors are largely exempt unless suspected of corrupt conduct.
- One-year time limit for making complaints about councillor conduct
- Independent Assessor must conduct preliminary assessments before investigating
- Complaints about private conduct (not related to council duties) can be dismissed
- Former councillors excluded from the system unless suspected of corrupt conduct
Councillor Conduct Tribunal reforms
Makes the Tribunal more efficient by allowing a single member to hear simpler cases. Creates a new Deputy President role and requires decisions to be published in full.
- Single Tribunal member can hear uncontested or straightforward matters
- New Deputy President position created
- Full Tribunal decisions must be published with appropriate redactions
Councillor training and conflict of interest
Councillors must complete mandatory training on their responsibilities. Conflict of interest rules are clarified, with new exemptions for ordinary council business and stronger consequences for participating in decisions with undeclared conflicts.
- Mandatory training for all councillors with suspension or dismissal for non-compliance
- Participating in decisions with an undeclared declarable conflict is now misconduct
- New ordinary business exemptions for budget preparation, official events, and donations
- Mayors giving unlawful directions to staff is now explicitly misconduct
Vexatious complainants and advertising modernisation
The Independent Assessor can declare repeat vexatious complainants for up to four years, restricting their ability to make further complaints. Various newspaper advertising requirements are replaced with website publication.
- Repeat vexatious complainants can be declared and restricted for up to four years
- Local government notices can be published on council websites instead of newspapers
- Electoral Commission gains discretion over recovering election costs from councils