Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023

As a former councillor and deputy mayor, supported the bill but argued the broken complaints system was entirely the fault of the Palaszczuk government's culture of chaos. Highlighted cases of frivolous complaints costing ratepayers.

“If we are bogged down in the frivolous, we are liable to miss the serious. People will lose trust in the integrity and transparency measures.”— 2023-11-15View Hansard

Moved the second reading as Deputy Premier and minister responsible. Outlined the bill as the culmination of extensive consultation and committee recommendations to recalibrate the councillor conduct framework to be more effective and efficient.

“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, praising the committee's tripartite approach and emphasising the importance of compulsory training for councillors on conduct and conflict of interest requirements.

“This kind of training should be compulsory because it needs to underline the fact that it is nonnegotiable. It is vitally important, in performing their role, that councillors clearly understand all of their obligations.”— 2023-11-15View Hansard

Stated the LNP will not oppose the bill as it provides improvements to the complaints system, but raised significant concerns including the lack of filtering for anonymous vexatious complaints, potential misuse of chairperson removal powers, and the government's delay of 777 days in delivering promised conflict of interest 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. However, we have some concerns about the bill, which I will outline later.”— 2023-11-14View Hansard

Confirmed KAP support for the bill, noting councillors have found the OIA process restrictive and intrusive. Acknowledged some councillors suggested scrapping the system entirely but supported the legislative changes.

“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, strongly supported the bill, highlighting the preliminary assessment process as probably the most important part. Rejected characterisation of the system as broken, calling it one that has generally worked well but needed improvement.

“I reject what the member for Warrego has said that this system is broken. This is not a broken system. It has generally worked well but has needed improvement.”— 2023-11-14View Hansard

Supported the bill as continuous improvement of the complaints framework, emphasising the need to tailor the system to specific needs of Indigenous councils and smaller local government areas.

“It is critical to again acknowledge the pivotal role councillors play in their communities, with Queenslanders expecting high standards of conduct from their leaders at all levels.”— 2023-11-15View Hansard

As committee deputy chair, supported the bill as a product of bipartisan cooperation. Praised the preliminary assessment process and mandatory training as steps in the right direction to address fear and weaponisation of the complaints system.

“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

Supported the bill while highlighting the needs of Indigenous councils and concerns about the Electoral Commission's discretionary power to recover election costs from councils, with estimated costs rising from $27 million to $37 million.

“Whilst this bill is a pivotal step towards strengthening our local governance, the opposition will not oppose the bill.”— 2023-11-15View Hansard

As a former local government councillor and committee member, supported the bill. Outlined the committee's findings that the Office of the Independent Assessor was broadly sound but needed improvements to align with the intent of the legislation.

“The committee found that the Office of the Independent Assessor was broadly sound but improvements were needed. Specifically, the system needs to align with the intent of the legislation and public interest more closely and efficiently.”— 2023-11-14View Hansard

Strongly supported the bill, detailing dysfunction at Redland City Council where over 60 complaints were lodged in 16 months, largely vexatious. Praised the new preliminary assessment process for filtering frivolous claims.

“When you look at the 60 complaints listed on the register, I think it absolutely speaks to the dysfunction that is occurring out at Redlands in our council.”— 2023-11-15View Hansard

Supported the amendments as improvements within the existing framework while expressing broader concerns about the system creating a culture of fear and discouraging initiative among councillors. Called for more autonomy at the local level and less imposition from Brisbane.

“These amendments will improve the situation and are done in the best interests as far as we are concerned.”— 2023-11-14View Hansard

As a former councillor, supported the bill while noting concerns about the vexatious complainant provisions not covering sitting councillors, the failure to ban anonymous complaints, and the OIA's view that the scheme may be too complex.

“One of the core issues with the system as it now stands is its politicisation, as often false accusations and complaints are used to smear representatives as part of the political electioneering or for personal gain.”— 2023-11-15View Hansard

Supported the bill as a committee member. Defended the importance of anonymous complaints as a fundamental right of democracy and supported allowing single tribunal members to hear straightforward matters.

“I believe that anonymous complaints are important and are a fundamental right of democracy. I think denying an anonymous complaint has the potential to deny justice being sought and justice being eventually delivered.”— 2023-11-14View Hansard

Supported the bill, expressing concern that Ipswich City Council had 68 complaints with only three substantiated, and urged extending the vexatious complainant process to include sitting councillors.

“It is absolutely imperative that we do not allow the integrity of the OIA and the Councillor Conduct Tribunal to be undermined by allowing it to be used as a political weapon against individuals.”— 2023-11-15View Hansard

As a committee member, supported the bill as a product of bipartisan inquiry. Acknowledged the system was broken with councillors in constant fear, and said the bill will go a long way to fixing concerns while noting it would need future review.

“This bill is not perfect, but it will go a long way to fixing some of the concerns that we heard from local councillors and mayors were creating real issues for them.”— 2023-11-14View Hansard

Supported the bill, stating the LNP supports integrity and transparency in government including local government. Argued the current problems were a direct result of the Palaszczuk government's 2018 changes.

“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

As Assistant Minister for Local Government, warmly supported the bill. Highlighted the preliminary assessment process, vexatious complainant provisions, and compulsory training as key reforms that the sector has been welcoming.

“There are a couple of big changes in this legislation that will, in my view, directly influence a reduction of the weaponisation of the system, including, but not limited to, preliminary assessment processes, time frames of assessment and the expansion of the definition to include vexatious complainants.”— 2023-11-14View Hansard

Supported the bill, praising the introduction of a preliminary assessment process, vexatious complainant provisions, and requirements for publishing tribunal decisions in full.

“Those reforms will recalibrate the councillor conduct framework to make it more effective and more efficient and to ensure that only matters that are of real substance and in the interest of the public and the community do proceed to the Councillor Conduct Tribunal.”— 2023-11-15View Hansard

Spoke critically about the government's delay in addressing the broken complaints system and cited examples of investigative overreach including a councillor in his region fined for a Facebook post. Debate was adjourned during his speech.

“It is evident that the complaints framework established by the government in 2018 has failed. Five years ago the government established the Office of the Independent Assessor to handle complaints of inappropriate conduct, misconduct or corrupt conduct referred to it by the CCC.”— 2023-11-14View Hansard

As Leader of the Opposition, confirmed the LNP would not oppose the bill. Argued the legislation had destroyed careers and relationships, and linked councillor conduct fears to councils being unable to make planning decisions to address the housing crisis.

“It has been a torrid period, and I will tell members why: the way the legislation has been drafted, the way the Office of the Independent Assessor has operated and the way every lens of this government has not been about focusing on the bad apples has made it almost impossible for elected officials to do their job.”— 2023-11-15View Hansard

Supported the bill, rejecting characterisations of the system as 'broken' and arguing the reforms represent normal governance improvement. Drew on his experience as a regulated nurse to support faster complaint resolution.

“It is not a broken system. It is an important system that ensures councillors who have a very important role in our community are held to a very high standard.”— 2023-11-15View Hansard

Did not oppose the bill but was highly critical, arguing it does not go far enough. Detailed how the system had suppressed open debate in rural councils and dissuaded quality candidates, citing the case of Barcaldine Mayor Sean Dillon being investigated for raising COVID vaccine concerns.

“It is no exaggeration to say that the 2018 laws around councillor conduct have resulted in a system which is intimidatory. It has suppressed open debate in countless Queensland communities, especially in rural and regional councils right across my electorate.”— 2023-11-15View Hansard

As a former department of local government employee, strongly supported the bill. Defended the existing system as not 'broken' and praised the preliminary assessment process and compulsory training requirements.

“To say that the system is 'broken' is about as far-fetched as saying that the LNP Newman government cared about public servants.”— 2023-11-15View Hansard

The Greens supported the bill but argued it was little more than tinkering at the edges. Criticised the lack of action on developer influence over councils and cash-for-access meetings, and cited the CCC's findings about corruption culture in local government.

“We will support this bill because the small changes may help reduce the tribunal from being overloaded with frivolous, vexatious and irrelevant complaints, and other changes such as publishing tribunal decisions will improve transparency. However, let's be clear: the real corrupt conduct—the kind that makes our cities less livable and ordinary people's lives harder—is still legal.”— 2023-11-15View Hansard

Supported the bill, highlighting the impact of the complaints system on the psychological health and wellbeing of councillors in her electorate's 14 local government jurisdictions, including Indigenous councils.

“Many of the councillors in my electorate have questioned their future in local government and highlighted that the constant stress and pressure of going through an OIA investigation was just not worth it.”— 2023-11-15View Hansard

Supported the reforms, arguing the complaints system was broken and citing Gold Coast ratepayers losing hundreds of thousands of dollars on frivolous complaints. Highlighted the impact of a suspended councillor in his area leaving residents without representation.

“In the middle of a housing crisis—a crisis which local government has a critical role in resolving—our councillors should not have to deal with what they have had to deal with under this government's broken system.”— 2023-11-15View Hansard

Supported the bill while emphasising the problem of vexatious complaints for personal and political reasons, and agreed with extending the vexatious complainant process to sitting councillors.

“Mischief-making complainants, whether on council or otherwise, need to be held to account for their vexatious complaints.”— 2023-11-15View Hansard

Supported the direction of the bill but argued it does not go far enough. Detailed how Southern Downs Mayor Vic Pennisi had over 50 complaints, all dismissed, and criticised the former Independent Assessor Kathleen Florian for her accusatory approach to Goondiwindi Regional Council.

“Let's face it: any of us in this place who have any engagement with our local governments knows that the system is by and large abused by the opponents of councillors to besmirch their reputations and to make their lives hard.”— 2023-11-15View Hansard

Supported the bill, hoping the changes would free councillors from pedantic and vexatious claims. Spent significant time discussing the reclassification of Moreton Bay Regional Council to City Council and its infrastructure needs.

“Perhaps there was overreach in terms of dealing with councillor complaints. Now we have to bring it back because, as the member for Southern Downs has said, councillors have become hogtied, fearful and hamstrung.”— 2023-11-15View Hansard

Supported the bill, arguing for a more efficient tribunal process. Detailed dysfunction at Redland City Council following the mayor's drink-driving incident and praised Councillor Berridge for standing up despite receiving 34 vexatious complaints.

“The people of Redlands have a right to know the exact outcome of the tribunal before the election.”— 2023-11-15View Hansard

Supported the bill, citing former Scenic Rim councillor Derek Swanborough who had 70 complaints driving him from office. Welcomed improvements to conflict of interest provisions and time frames but criticised the retention of OIA powers to seize journalistic notes.

“That is exactly how I understand it. There were 70 complaints and it drove him out of office.”— 2023-11-15View Hansard

As Deputy Premier and minister responsible, delivered the reply speech defending the bill. Addressed concerns raised by members about public interest definitions, anonymous complaints, and Queen's Wharf amendments, and moved government amendments during Consideration in Detail.

“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