Councillor complaints system to be overhauled

26 July 2017

A new Independent Assessor, with significant powers to assess and prosecute complaints, will soon be on the beat in Queensland in the latest strengthening of our local government system.

State Member for Morayfield Mark Ryan said that the Independent Assessor would consider all complaints made against councillors and determine whether they can progress to prosecution.

“This measure is one of 50 recommendations to be adopted or supported from the Councillor Complaints Review, conducted by an independent three-person panel earlier this year,” Mr Ryan said.

“The reforms replace the current system, which is overly confusing and at times difficult to navigate and gives the power to assess and prosecute complaints to the Independent Assessor.

“Having the Independent Assessor make the preliminary assessment in all circumstances – other than corrupt conduct matters, which must be referred to the CCC – will simplify the process.”

Minister for Local Government and Minister for Aboriginal and Torres Strait Islander Partnerships Mark Furner – who tabled the report and Government response at a Budget Estimates Hearing – said the proposed changes were aimed at ensuring public confidence in the councillor complaints system.

“Importantly under the model identified, the Independent Assessor will also be able to dismiss or prosecute frivolous, vexatious or out-of-time complaints,” Mr Furner said.

“It would also be an offence for an accused councillor to attempt or take a reprisal against an employee or another councillor who makes a complaint of misconduct.”

Mr Furner said a new, mandatory uniform Code of Conduct that sets out acceptable standards of behaviour for elected councillors is also proposed.

“I want councillors who bring down the standard of those hard-working elected representatives around the state to be held accountable for their actions,” Mr Furner said.

“As elected representatives, councillors and mayors should be held to the highest possible standards of ethical and legal behaviour.”

The Independent Assessor would operate in all local government areas except Brisbane City Council and would receive all complaints, then categorise, investigate and, if necessary, prosecute complaints.

A Tribunal would deal with misconduct matters, while allegations of inappropriate conduct would be dealt with by councils.

Corrupt conduct would still be referred to the Crime and Corruption Commission.

The Government will consult widely with Councils and peak bodies, such as the LGAQ, on the proposed new laws over coming months.

The Councillor Complaints review panel consisted of former Integrity Commissioner, Dr David Solomon; former CEO of Logan City Council, Gary Kellar; and former Noosa Shire Council Mayor, Noel Playford.