Local Government and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill bundles three unrelated changes. It stops council CEOs from automatically running their own council's elections, delays the national heavy vehicle registration scheme until 1 July 2018, and extends the Queensland Reconstruction Authority past its original 2015 expiry date so it can keep helping disaster-hit communities.
Who it affects
Voters and candidates in council elections get more independent election management, while communities recovering from natural disasters like cyclone Marcia keep access to the state recovery agency.
Council CEOs removed as returning officers
Removes the rule that makes a council's chief executive officer the returning officer for that council's election. The Electoral Commission of Queensland will appoint the returning officer instead, with a limited exception for small communities.
- Council CEOs can no longer automatically run their own council's election
- The Electoral Commission of Queensland appoints returning officers for all council elections
- CEOs who are members of political parties can never be appointed as returning officer
- A CEO can still be appointed in small communities if no other experienced person is reasonably available
National heavy vehicle registration delayed
Pushes back the automatic start date of Chapter 2 (Registration) of the Heavy Vehicle National Law from 2015 to 1 July 2018, giving states and territories time to build the national system.
- National heavy vehicle registration scheme commencement pushed to 1 July 2018
- The Acts Interpretation Act 1954 automatic commencement rule is switched off for this Act
Queensland Reconstruction Authority kept going
Repeals the QRA Act's expiry clause so the authority does not wind up on 30 June 2015. This follows severe tropical cyclone Marcia activating disaster arrangements in 14 council areas.
- Queensland Reconstruction Authority continues past 30 June 2015 with no end date set
- QRA keeps coordinating Natural Disaster Relief and Recovery Arrangements rebuilding work
- Supports ongoing recovery after cyclone Marcia across Rockhampton, Livingstone, Mackay, Sunshine Coast and other areas
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee27 Mar 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the bill over approximately eight weeks, receiving six submissions and holding public hearings. The majority of the committee recommended the bill be passed. The bill covered three distinct areas: removing the default position of council CEOs as returning officers for local government elections, deferring the national heavy vehicle registration scheme to July 2018, and making the Queensland Reconstruction Authority permanent. The committee also recommended that the Electoral Commission Queensland be required to consult with local governments on reducing election costs.
Key findings (5)
- The bill removes the default position of local government CEOs as returning officers for elections, instead enabling the Electoral Commission Queensland to appoint returning officers to avoid potential conflicts of interest
- The Local Government Association of Queensland accepted the changes on the condition that consultation occurs about reducing election costs, noting some councils could save over $400,000 by running their own elections
- The bill defers the commencement of the national heavy vehicle registration scheme (Chapter 2 of the Heavy Vehicle National Law Act 2012) to 1 July 2018, as significant policy and system issues remain unresolved
- The Queensland Reconstruction Authority is made permanent by removing its expiration clause, reflecting that natural disasters are an ongoing reality for Queensland communities
- The committee unanimously supported the heavy vehicle and QRA amendments but only a majority supported the election returning officer changes
Recommendations (3)
- The majority of the committee recommends the Local Government and Other Legislation Amendment Bill 2015 be passed.
- The committee recommends the Bill be amended to include a provision to amend the Local Government Electoral Act 2011 to require the Electoral Commission Queensland to consult with local governments with the objective of reducing the cost of conducting local government elections.
- The committee recommends the Minister consider the Local Government Association of Queensland's suggestion that the Local Government Electoral Act 2011 be amended to return the system of voting for mayors in undivided councils to first-past-the-post.
Committee report tabled
▸Second Reading3 June 2015View Hansard
Vote on a motion
Procedural motion during the debate on the Local Government and Other Legislation Amendment Bill. The motion was tied 43-43 and resolved in the negative.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (43)
Noes (43)
▸12 members spoke6 support6 mixed
As Deputy Premier and minister responsible, moved the second reading and defended all three elements of the bill: removing council CEOs as default returning officers to restore electoral integrity, continuing the QRA, and deferring the heavy vehicle registration scheme. Argued the change was an election commitment to ensure local government elections are held to the same standards as state and federal elections.
“We on this side of the House believe that there should be a separation between those public servants who are responsible for the discharge of elections and those public servants who are responsible on a daily basis for serving those elected officials.”— 2015-06-03View Hansard
Supported the QRA continuation and Heavy Vehicle National Law Act provisions but opposed the changes to the Local Government Electoral Act removing CEOs as returning officers. Argued there was no evidence of actual conflicts of interest under the existing system and that the changes would increase election costs for ratepayers.
“These changes, which remove local government chief executive officers as returning officers for local government elections, say that Labor does not trust them.”— 2015-06-03View Hansard
As committee chair, supported all elements of the bill, focusing on the returning officer provisions. Argued that ratepayers in his electorate overwhelmingly preferred the Electoral Commission to run local government elections rather than the council CEO, citing concerns about suspicion between mayors, councillors and CEOs.
“When asked the question who would they prefer to be running a local government election, the CEO of the council as the returning officer or a returning officer appointed by the Electoral Commission, the overwhelming response is always that they want somebody from the Electoral Commission to do it.”— 2015-06-03View Hansard
As committee deputy chair, supported the QRA extension and Heavy Vehicle National Law Act amendments but opposed the local government electoral changes. Noted no evidence of CEO conflicts of interest was presented during committee hearings and that the 2014 LNP changes had never been tested at an election.
“I asked the departmental officers if they had heard of a CEO being conflicted or whether a CEO had ever been removed from the position of RO. The information I got back was that they had not heard any of that.”— 2015-06-03View Hansard
As committee member, supported all elements of the bill. Argued the returning officer changes would restore fairness and transparency to local government elections and strongly advocated for the QRA continuation, citing the devastating impact of Tropical Cyclone Marcia on her electorate.
“Changing the legislation to ensure that the CEO of a council cannot be the returning officer of a local government election except in exceptional circumstances is about restoring integrity, fairness and transparency to local government elections.”— 2015-06-03View Hansard
Supported the Heavy Vehicle National Law Act deferral and QRA continuation but opposed the local government electoral changes. Argued remote councils in his electorate often had no choice but to use the CEO as returning officer and that no evidence justified the amendment. Advocated for the QRA to play a role in drought coordination.
“My position is to oppose the amendments to the Local Government Electoral Act and maintain the policy of empowering local governments to make decisions to benefit their local communities.”— 2015-06-03View Hansard
As committee member, supported all three elements of the bill. Argued that the only way to ensure complete transparency in elections is to have the election authority at arm's length from those seeking election, and praised the QRA's role in recovery from Tropical Cyclone Marcia in his electorate.
“The only way to ensure complete transparency in the election process is to ensure the election authority is at arm's length to those seeking election.”— 2015-06-03View Hansard
Supported the QRA and heavy vehicle provisions but strongly opposed the electoral changes. Argued the bill would increase costs for ratepayers, citing Logan City Council's estimate of $400,000 per election, and accused Labor of a history of meddling with local government.
“They estimate that the cost to Logan City Council of implementing the regime that will be put in place is $400,000 for each election. Some $400,000 will be passed on to the ratepayers of Logan City Council.”— 2015-06-03View Hansard
Supported all elements of the bill. As a former local government councillor, drew on personal experience to argue that having the CEO act as returning officer creates the possibility of a conflict of interest due to the close working relationship between CEOs and elected officials.
“As I am well aware having served as a local government councillor, having the CEO act as the local government returning officer creates the possibility of a conflict of interest.”— 2015-06-03View Hansard
Opposed the local government electoral changes, arguing there was no valid or overwhelming argument to support the change. Advocated for postal ballots as a cost-saving alternative for councils such as Toowoomba Regional Council and Western Downs Regional Council.
“Once again we see this government reversing amendments where there would not appear to be any valid or overwhelming argument to support the change.”— 2015-06-03View Hansard
Supported all three policy objectives of the bill, emphasising the importance of ensuring local government elections are run to the same high standards of independence as state and federal elections.
“I believe the policy objective of this amendment is critical—to ensure that local government elections are run to the same high standards of independence and efficiency as state and federal elections.”— 2015-06-03View Hansard
Supported the QRA continuation and heavy vehicle provisions but opposed the local government electoral changes. As a former local councillor, criticised the bill as Labor rehashing old ideas and argued the amendments would impose additional costs on councils and ratepayers without evidence justifying the change.
“I have carefully read the explanatory notes that accompany this bill, and I cannot find any information on the costs of the implementation of this particular amendment.”— 2015-06-03View Hansard
▸In Detail3 June 2015View Hansard
▸1 clause vote (all passed)
Vote on a clause
Vote on whether to retain clause 3, which removes the mandate for local government CEOs to be the returning officer for council elections and returns the power to the Electoral Commission of Queensland. The LNP opposed the clause, arguing it was unjustified and would increase election costs, while the ALP and crossbench supported it as restoring electoral integrity.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
▸Show individual votesHide individual votes
Ayes (46)
Noes (42)
Referenced Entities
Legislation
Organisations
Programs & Schemes
Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards