OIA parliamentary inquiry terms of reference revealed

The terms of reference have been revealed for a parliamentary committee’s investigation into the under-pressure council watchdog.

A parliamentary committee will determine whether Queensland’s under-pressure council watchdog is applying its powers in the public interest and operating in the spirit of legislation, following public outcry over its actions.

The State Government’s newly released terms of reference reveal the committee has been asked to consider whether any legislative changes are needed to alter the “function, structure or procedures” of the Office of the Independent Assessor and the local government complaints system.

It has also been instructed to consider whether the OIA’s performance is consistent with the intent of the local government complaints system, and whether the powers and resources of the Independent Assessor are being applied in accordance with the public interest.

A letter from Deputy Premier and Local Government Minister Steven Miles to the state development and regional industries committee containing the terms of reference lays out a string of complaints made to the Government following The Courier-Mail’s reports into the OIA last week.

But it also reveals that a departmental analysis of the officer earlier this year had already found problems.

“The department concluded that the application of the councillor complaints system, as defined under the Local Government Act 2009, is leading to overly legalistic, complex and adversarial practices not anticipated or intended by government,” Mr Miles wrote.

Deputy Premier and Local Government Minister Steven Miles. Picture: Richard Walker

“Specifically, impacts on both councillors and the system itself are greater than forecast, by reference to higher-than-expected numbers of complaints received, the number of investigations undertaken by the OIA, the number of applications that proceed to the CCT (Councillor Conduct Tribunal) for hearing, and now a number of those decisions being reviewed in the Queensland Civil and Administration Tribunal.”

Mr Miles has asked the committee to take those findings into consideration in its investigations, as well as concerns raised by the Local Government Association of Queensland and the Queensland Council of Civil Liberties.

The OIA has been accused of threatening the free speech of local councillors following the revelation it was investigating Barcaldine Mayor Sean Dillon for the serious charge of misconduct after he questioned the plans for the Covid-19 vaccine rollout in his community in a public council meeting.

Further complaints surfaced that the OIA was overreaching by pursuing frivolous complaints about councillors, and former Rockhampton mayor Margaret Strelow said its relentless pursuit of her had left her no choice but to resign.

In previous months, the OIA had threatened a reporter at the Fassifern Guardian and Tribune over its reporting of a complaint against Scenic Rim councillor Derek Swanborough, leading to outcry over the important role of the fourth estate.