Local Government (Councillor Complaints) and Other Legislation Amendment Bill 2017

Overview

This bill creates a new, independent system for handling complaints about Queensland councillors. It sets up an Independent Assessor to investigate complaints, a Councillor Conduct Tribunal to hear serious cases of misconduct, and a Local Government Remuneration Commission to set councillor pay. The changes apply to every Queensland council except Brisbane City Council.

Who it affects

Councillors outside Brisbane face a stricter, more transparent disciplinary system with tougher penalties, while residents and council staff get a genuinely independent place to make complaints and strong protection against retaliation.

Key changes

• A new Independent Assessor takes over investigating complaints about councillors from council CEOs, who had a clear conflict of interest
• A new Councillor Conduct Tribunal decides serious misconduct cases and can order councillors to apologise, forfeit allowances, pay costs, or be referred to the Minister for suspension or dismissal
• Three tiers of conduct are defined — meeting misbehaviour, inappropriate conduct and misconduct — with escalation if councillors repeatedly breach lower tiers
• You can make a complaint about a councillor by phone, email, fax, online or in person, and outcomes are published on each council's public conduct register
• Fines of up to 85 penalty units apply for frivolous or vexatious complaints, and councillors who retaliate against complainants face up to 167 penalty units or 2 years imprisonment
• The old rule that conduct decisions could not be appealed is scrapped — tribunal misconduct decisions can be reviewed by QCAT