Seven past and present Unity councillors avoid OIA action after tribunal ruling against Manning

Current Unity Team members who voted the same way as Cairns Regional Council mayor Bob Manning on matters which a tribunal found were conflicts of interest are off the hook after the state’s council watchdog decided to take “no further action”.

Current and former members of the Cairns Unity Team have avoided prosecution by the OIA over their failures to declare conflicts of interest. Picture: File photo

Current Unity Team members who voted the same way as Cairns Regional Council Mayor Bob Manning on matters which a tribunal found were conflicts of interest are off the hook after the state’s council watchdog decided to take “no further action”.

On March 24 the Councillor Conduct Tribunal (CCT) upheld 23 misconduct allegations made against Bob Manning by the Office of the Independent Assessor (OIA) after the council’s Unity Team, which he led, received electoral donations from Cairns developer FGF Developments and at least one company director, but failed to declare conflicts of interest during relevant council meetings.

It can now be revealed the OIA was investigating other Unity Team members after seven of them, including three current councillors, also failed to declare similar conflicts.

It can also be revealed that the mayor and current deputy mayor Terry James declared, at some of the same meetings, conflicts in relation to electoral donations received from other interested parties, but failed to do so when matters relating to FGF Developments were voted on.

News Corp is not suggesting any wrongdoing by FGF Developments, its related entities, or its directors.

The Councillor Conduct Tribunal upheld 23 allegations of misconduct made by the OIA against Cairns mayor Bob Manning. Picture: Brendan Radke

“Councillors take advice from the CEO. At the time, the CEO said there wasn’t a conflict (in relation to FGF Developments),” Cr James said.

“We always act on the advice of the CEO.”

But the OIA has now decided to take no further action against the three Unity Team members still sitting on the council as it “would be an unjustifiable use of resources,” according to an OIA spokeswoman.

“The OIA initially began investigations against eight Unity Team members, referring only (Cr Manning) to the CCT as he was the head of the Unity Team and had solicited one of the donations on behalf of the team,” the spokeswoman said.

“Given the resources of the CCT, and the stronger case involving (Cr Manning), the other matters were ‘parked’ pending the CCT decision.

“The matter was referred to the CCT by the OIA in October 2020. The decision took almost two-and-a-half years.”

Deputy mayor Terry James said he took advice from the council’s CEO on conflict of interest matters that occurred between 2013 and 2016. Picture: Isaac McCarthy

According to the spokeswoman, the OIA deemed further prosecution unjustifiable based on the time that has passed since the conduct in question, the time taken for the CCT to reach a decision in relation to Cr Manning’s conduct, the example made by his tribunal finding and the fact that the majority are no longer councillors.

Cr Manning’s findings of misconduct related to undeclared conflicts of interest when voting on matters concerning FGF Developments and its entities during 22 council meetings.

He was fined $250 by the Tribunal and ordered to make a public apology.

Cr Manning said he was disputing the findings.

Between 2013 and 2016, current Unity councillors Terry James, Max O’Halloran and Brett Moller were present at 15, 19 and 6 of those meetings respectively.

No relevant conflicts were declared.

Division 1 councillor Brett Moller said he received incorrect information with regard to conflict of interest matters. Picture: Isaac McCarthy

Cr Moller said the OIA had informed him no action was being taken against him.

“The six matters … occurred in the first three months of me being elected to the council … due to incorrect information given at that time,” Cr Moller said.

“On each of these occasions, in respect to the decisions made, the recommendations of the council officers were followed.”

Cr O’Halloran was contacted for comment.

Former Unity councillors John Schilling, Richie Bates, Jessie Richardson and Greg Fennell were also present at 17, 19, 12 and 16 meetings respectively.

No relevant conflicts were declared.

Mr Bates said the OIA had advised him he had “no case to answer for”.

“I quit the Unity Team and dissociated myself from their activities several years ago. This was done primarily as a result of myself internally and publicly raising concerns about Unity conflict of interest declarations and what I considered inappropriate advice on such. Concerns that I raised were dismissed,” Mr Bates said.

Mr Schilling and Mr Fennell were both contacted for comment.

Ms Richardson was unable to be contacted for comment.

Originally published as Seven past and present Unity councillors avoid OIA action after tribunal ruling against Manning