Bundaberg Regional Councillors share views on OIA complaints system

A Queensland mayor, on the receiving end of relentless complaints to the Office of the Independent Assessor has written to the council watchdog amid claims of ‘malicious fishing expeditions’.

Bundaberg Mayor Jack Dempsey says the State Government’s misconduct watchdog, set up to investigate council corruption, is being weaponised and abused.

Since the council election in March last year, almost three dozen complaints against councillors have been finalised by the Office of the Independent Assessor, including seven rulings this month.

All have been dismissed.

Several of these latest allegations were dismissed as there was “no evidence to support accusation” or the complaint was “too broad”.

Allegations included claims an unnamed councillor “started an online defamation campaign against others”, while another “deliberately misled the community” by making a false statement about their vote on a matter.

One councillor was also alleged to have “lied about rate decreases” and “misled” people about dog registration.

Mr Dempsey said he supported the government’s efforts to increase transparency and accountability in local government, but was concerned the process was being “abused” and “weaponised” by some for their own purpose.

He said he had written to the OIA expressing his concerns about the process and the numerous complaints against him before and after the 2020 election.

“Many are fishing expeditions which require time, effort and resources to defend,” he said

“These ongoing personal attacks are stressful to me and my family.

“In many cases, I believe the complaints are connected, vexatious and malicious, and I’ve provided examples to the OIA for them to consider.

Mayor Jack Dempsey said he had written to the OIA expressing his concerns about the misuse of the system.

“I’ve also had situations where the complainant has released information publicly before a matter is finalised, which I can’t respond to.

“On the first occasion, the OIA confirmed there is no legal impediment to a complainant releasing information. However, the person being investigated is bound by confidentiality, which means the system is prejudicial to individual reputations and natural justice in the court of public opinion.

“I believe the Government and the OIA need to review the process to make sure it functions like it was intended and isn’t abused.”

The NewsMail also reached out to councillors for their view.

Cr Vince Habermann said he believed the OIA system had the potential to be misused by complainants.

“The Queensland Office of the Independent Assessor (the OIA) is committed to effective complaints management by managing complaints in an accountable, transparent, timely and fair manner,” he said.

“The Office of the Independent Assessor was established to strengthen the community’s trust in councillors and the local government sector, and as councillors, I believe we just need to operate within the system which exists.”

The OIA was established by the State Government in 2018 as part of its commitment to local government reform following council scandals in regions including Ipswich and Logan.

According to the OIA website, the independent assessor investigates and assesses complaints about councillor conduct.

The OIA also provides advice, training and information about dealing with alleged or suspected inappropriate conduct, misconduct or corrupt conduct to councillors, local government employees and the public.

Cr Vince Habermann said, in his opinion, the OIA had the potential to be misused.

“The system will no doubt be reviewed by higher authorities and could be amended if required.

“More public education around what is and is not misconduct is not required as it is already clearly stated in the OIA’s charter.”

Cr Steve Cooper said he personally agreed with the comments that had been made by the mayor on the issue.

A spokeswoman for the OIA said the office had a “robust” three-step process which is effective in identifying and deterring improper complaints.

Cr Steve Cooper said he agreed with the comments of the mayor.

“But any complaint that raises a genuine issue is taken seriously and political opponents can sometimes rightly identify legitimate matters,” she said.

“The OIA has also seen that members of the public expect high standards of elected councillors given their important role in Queensland communities.

“The OIA is legally required to assess complaints against the definitions of misconduct and inappropriate conduct as set out in local government laws.

“A complaint will be dismissed if the alleged conduct doesn’t meet these definitions, if sufficient information isn’t available to property assess a complaint, or where further dealing with a matter is not a justifiable use of resources or not in the public interest given all of the circumstances.”

Deputy Mayor Bill Trevor, Cr Jason Bartells, Cr Wayne Honour, Cr Tracey McPhee, Cr Greg Barnes, Cr Tanya McLoughlin, Cr May Mitchell and Cr John Learmonth did not respond to a request for comment.