Toowoomba council reveals cost of OIA investigation into complaints against Gary Gardner over conflicts of interest

Ratepayers have footed a significant bill to investigate Toowoomba councillor Gary Gardner over his extensive conflicts of interest, in the end to a nine-month saga over footpath closures.

Nearly $40,000 in ratepayer funds were spent on seeking legal advice and investigating conduct complaints against councillor Gary Gardner to Queensland’s local government watchdog, which led to no fines and no public apologies required.

In an end to a nine-month saga Mr Gardner described as a “political distraction”, the Toowoomba council revealed the true cost of the lengthy matter over footpath closures during Tuesday’s ordinary meeting.

After being given the question on notice by Mr Gardner the week prior, corporate services general manager Ann-Marie Johnston told councillors $12,000 had been spent by the TRC looking into the complaints, after the Office of the Independent Assessor (OIA) sent them back to the council.

Cr Gary Gardner speaking to media after Toowoomba Regional Council hands down 2025-2026 budget. Picture: Kevin Farmer

The two anonymous complaints, which Mr Gardner revealed in February he had received, related to whether the noted developer had properly disclosed his extensive conflicts of interest before participating in discussions around reforms to the council’s handling of footpath and road closure applications for construction projects last year.

The contention of whether the councillor could discuss and vote on the policy reared its head several times during meetings between September and December, with several different conclusions reached.

Mr Gardner told councillors in February he had sought independent legal advice, at a personal cost of $18,000, which argued he didn’t have a conflict under several sections of the Local Government Act.

“I see it as a deliberate attempt to keep me out of these meetings, as we jump from conflict to prescribed,” Mr Gardner said at the time.

“To me, it’s pretty clear that an application does not constitute a declarable or prescribed conflict.”

The council sought its own legal advice at a cost of $16,000, which came to the conclusion in April that Mr Gardner needed to improve transparency when declaring conflicts.

This led to Mr Gardner making a lengthy declaration during that month’s committee meetings, which included him listing 25 companies he had been involved with that had applied for a road or footpath closure over the past five years.

Council voted 8-2 in favour of Mr Gardner remaining in the chamber to vote on the changes, with councillors Bill Cahill and Carol Taylor voting against it.

The OIA investigation concluded Mr Gardner needed more training relating to transparency, with no further action required.

The entire process of implementing the new policy, called Subordinate Local Law No. 1.15, cost the council $217,000.

In a statement, Mr Gardner said he was glad the matter had been resolved, arguing the claims “lack merit”.

The Office of the Independent Assessor has finalised its investigation into allegations made against me, with no findings and no further action required,” he said.

“I’ve always said these claims lacked merit, and I’m pleased common sense has prevailed.

“Rather than embracing practical reform, I was subjected to an OIA investigation — again costing ratepayers (approx. $12,000) and delaying meaningful progress.

“We must do better — councillors are elected to lead, to make decisions, and to challenge the status quo when it isn’t working.

“Ratepayer funds must be used wisely — not wasted on unnecessary process, duplicated work, or political distractions.”

A spokesman for council said it “cannot comment” on the matter.

The OIA confirmed in a statement it had recommended training for Mr Gardner.

“Following investigations, the OIA issued multiple statutory recommendations to councillor Gardner aimed at addressing concerns raised and mitigating the risk of future issues related to his personal interests,” a spokesman said.

“While a statutory recommendation does not amount to a disciplinary finding, it does represent concerns held by the OIA that the councillor could benefit from additional training and guidance.

“The OIA believes this is an effective and efficient alternative to taking the matter further.”

Originally published as Toowoomba council reveals cost of OIA investigation into complaints against Gary Gardner over conflicts of interest