The Queensland Government is on a journey to reform the local government sector.
These reforms will strengthen the transparency, accountability and integrity of local government in Queensland. The government is committed to supporting local government and ensuring that public confidence and accountability is restored.
Legislative changes
The Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018 (the Amendment Act) was assented to on 21 May 2018 and amends the Electoral Act 1992 (EA) and the Local Government Electoral Act 2011 (LGEA) to prohibit the making of political donations by property developers to candidates, groups of candidates, third parties, political parties, councillors and Members of State Parliament.
The Amendment Act amends the Local Government Act 2009 (LGA) and the City of Brisbane Act 2010 (COBA) to strengthen requirements for how a councillor must deal with a real or perceived conflict of interest or a material personal interest.
The Amendment Act also amends the LGA to provide for the dissolution of a local government or the suspension or dismissal of a councillor where the Minister for Local Government reasonably believes it is in the public interest to do so.
Code of Conduct
The Code of Conduct for councillors in Queensland sets out the standards of behaviour expected of councillors and mayors when carrying out their roles, responsibilities and obligations as elected representatives for their communities.
Introducing a new uniform Code of Conduct will assist in efficiently making all councillors aware of their obligations around the three ‘R’s – responsibilities, respect and reputation.
The three ‘R’s ensure:
- that councillors carry out RESPONSIBILITIES conscientiously and in the best interests of the council and the community
- they treat people in a reasonable, just, RESPECTFUL and non-discriminatory way
- their conduct does not reflect adversely on the REPUTATION of the council.
The Code of Conduct for councillors is backed by tougher penalties for those who breach the code, including complaints that fall into corrupt conduct, misconduct, inappropriate conduct and a new category of unsuitable meeting conduct.
All councillors must declare that they will abide by this Code of Conduct when they are elected and will apply to all councils, except Brisbane City Council which has a separate Code.
The Code of Conduct will take effect on 3 December 2018.
Local Government Learning Centre
The Local Government Learning Centre is an online learning resource for Councillors, Mayors and senior management within the local government sector.
A unique email with username and password has been sent to all Councillors, Mayors and CEOs across Queensland to access the portal.
Local Government Legislation Amendments training
The Legislation Amendments training has been developed to ensure all councillors are aware of and ready to comply with the Code of Conduct and other legislative reforms when they effect in December and will support hard working elected representatives do what they are elected to do.
The department will offer online and face-to-face training programs to ensure all councillors and Chief Executive Officers (CEOs) thoroughly understand the new Councillor Complaints management system ahead of its anticipated commencement on 3 December 2018.
The interactive, online training will advise councillors of their obligations and responsibilities under the mandatory Code of Conduct and will include 12 animated scenarios which relate to the behavioural standards of the Code of Conduct.
Office of the Independent Assessor
From 3 December 2018 the Independent Assessor and the Office of the Independent Assessor (OIA) will assess and investigate councillor conduct complaints.
The Independent Assessor will also:
- provide advice, training and information about dealing with alleged or suspected inappropriate conduct, misconduct or corrupt conduct to councillors, local government employees and the public;
- prosecute misconduct offences via the Councillor Conduct Tribunal.
Previously, complaints about councillor conduct were assessed by the chief executive of the Department of Local Government, Racing and Multicultural Affairs, or the council’s CEO.
The Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 established the Office of the Independent Assessor to investigate and assess councillor complaints, ensuring the process remained transparent and accountable.
The Office of the Independent Assessor will start receiving and assessing councillor conduct complaints from 3 December 2018.
Media release
Corruption investigator to head new councillor complaints office
Respected crime investigator Kathleen Florian has been appointed as the inaugural Independent Assessor to head up the new office to deal with councillor conduct complaints in Queensland.
Local Government Minister Stirling Hinchliffe welcomed the appointment of Ms Florian, who was formerly an Assistant Commissioner at the Crime and Corruption Commission and Executive Director of Investigations at the Office of the Health Ombudsman.
“Ms Florian has impeccable and extensive credentials in the areas of crime and complaints investigations,” Mr Hinchliffe said.
“I have no doubt that her leadership of the Office of the Independent Assessor will improve accountability, integrity and transparency of local governments.
“This is a responsive government which recognises that Queenslanders want a system of Local Government that they can have faith in.
“That’s exactly what this and our other Local Government reforms aim to deliver.”
The Office of the Independent Assessor commences operations on 3 December and will provide a simpler and more streamlined system for making, investigating and determining complaints about councillor conduct.
It will also promote high standards of conduct by elected councillors by providing advice, training and information.
Ms Florian has been appointed for a term of five years.
Mr John Boyd was also appointed today as the President of the new Councillor Complaints Tribunal.
Mr Boyd has extensive experience in public sector management, corruption prevention and public sector ethics.
The Tribunal will draw from a new panel of casual members who are Susan Johnson, Rodney Metcalfe, Tamara O’Shea, Christina Turner, June Anstee and Gail Hartridge.
They bring a range of legal, public sector, ethical and investigation experience to the Tribunal.
The President and members of the Councillor Complaints Tribunal are appointed for four years from 1 November 2018.
Biographies
Kathleen Florian – Independent Assessor
Ms Florian was most recently the Executive Director Investigations in the Office of the Health Ombudsman, with oversight of investigations into the most serious allegations of professional misconduct by health practitioners.
Previously, Ms Florian was employed with the Crime and Corruption Commission including as Assistant Commissioner (Crime), Executive Director (Crime), Acting Chief Executive Officer and Commissioner and Assistant Commissioner (Misconduct).
Earlier in her career, she was the Queensland State Manager with the Australian Crime Commission and gained extensive experience in crime and corruption prevention, leading national intelligence programs to inform the development of tailored prevention strategies.
Ms Florian has been a barrister for 26 years.
Councillor Conduct Tribunal
John Boyd – President
Mr Boyd has extensive experience in the integrity field, including in corruption prevention and public sector ethics. From 1993 to 2009, he was the Manager, Corruption Prevention at the Crime and Misconduct Commission. He has been appointed to more than 60 disciplinary panels.
