Jack Dempsey, Glen Hartwig say OIA ‘stifling’ free speech in councils

The Mayors of Bundaberg and Gympie say councillors are being ‘stifled’ by the climate within local government following shock revelations Barcaldine’s Mayor is under investigation for criticising the vaccine rollout in his region.

Bundaberg Mayor Jack Dempsey and Gympie Mayor Glen Hartwig have say free speech is being stifled under regulations enforced by the State Government’s Office of the Independet Asssessor watchdog.

State rules are “stifling” free speech and bringing back memories of the post-Fitzgerald era, two Wide Bay mayors said on Wednesday.

Bundaberg Regional Council Mayor Jack Dempsey and Gympie Mayor Glen Hartwig challenged the climate within local government amid concerns the Office of the Independent Assessor is being used as a political tool following revelations one Queensland mayor is being investigated for criticising the vaccine rollout.

Barcaldine Regional Council Mayor Sean Dillon was revealed to be under scrutiny by the State’s council watchdog over a complaint against him for “potential misconduct”

The complaint stems from concerns he raised about the Central West Hospital and Health Service’s planned vaccination rollout.

It was alleged by the OIA that Mr Dillon’s comments “could be considered detrimental to public confidence in a health service provider and lead agency in the roll-out of the Covid-19 vaccination program in the region”.

The OIA informed him he was “reasonably suspected” of inappropriate conduct and the comments should have been addressed with the CWHHS instead of in an open council meeting.

If proven the matter will be referred back to the Barcaldine council to deal with.

The OIA has said it does not comment on matters until they are resolved.

Barcaldine Mayor Sean Dillon is under investigation by the Office of the Independent Assessor after it found he was “reasonably suspected” of alleged misconduct for criticising of the vaccine rollout in his region.

The matter has drawn heavy criticism from Opposition spokeswoman for Integrity Fiona Simpson who said it posed a risk to democracy.

“I fear the Office of the Independent Assessor is being used to strongarm elected officials who hold contrary views to the current Queensland Government,” she said.

Mr Dempsey joined the chorus of outrage, saying he believed there should be a full parliamentary review of the OIA and how it works.

“The OIA shouldn’t be stifling elected members from expressing personal opinions or limiting their ability to advocate on behalf of their community,” Mr Dempsey said.

“It doesn’t make sense for them to say that councillors can be beaten up on social media but can’t express opinions themselves on general matters of important public interest.

Opposition spokeswoman for Integrity Fiona Simpson has criticised the decision, saying it poses a risk to democracy. Picture: NCA NewsWire / Dan Peled

“According to this decision it seems that councillors have fewer rights than other members of the community, including State and Federal members.”

It is not the first time Mr Dempsey has fired shots across the OIA’s bow.

In September, he flagged concerns the watchdog was being weaponised and abused, with three dozen complaints against Bundaberg councillors lodged with the watchdog since the election.

All were dismissed.

Gympie Mayor Glen Hartwig said the climate within local government was heavily regulated and “similar to post-Fitzgerald policing”.

“I understand the need for changes that were made to improve transparency and honesty and integrity,” Mr Hartwig said.

Bundaberg Mayor Jack Dempsey said the OIA should undergo a full parliamentary review.

“However, having been the subject of probably more complaints than my age I do struggle to understand the criteria or grounds for which some complaints … are dismissed, and yet a frivolous comment by councillor Bruce Devereaux is now the subject of a complaint and investigation.”

Gympie councillor Bruce Devereaux has been under investigation for using the phrase “dry hump” in an interview.

Mr Hartwig has himself been subjected to a lengthy investigation about his speech.

He was cleared of misconduct in December 2020, over comments he made in the media and through letters to the editor in an extraordinary 36-page report which found the complaint had an “almost inescapable” connection to his decision to run for mayor.

The climate has led to him self-censoring at times, shying away from making what would otherwise be fair comment over concerns it would end up in a complaint to the OIA.

Gympie Mayor Glen Hartwig said speech in local government was heavily regulated and similar to what was experienced within the police force in the post-Fitzgerald era.

“I always speak my mind, but … we’re in a litigious environment at the moment (and) sometimes given the regulations we have it’s difficult to be completely honest without suffering ramifications from the OIA.”

He did not go so far as to suggest that council’s should be allowed to play by the same rules as their State and Federal counterparts, though.

“Parliamentary privilege is very much that: a privilege. It should be used with considerable conservatism. Statements made under those circumstances can damage or harm a person’s reputation and I don’t think we need that in local government.

“We’re meant to be there for the community, not to play politics.”