Failed Redland candidate Jack Barton apologises, pays $4400 for false election claims

A bayside councillor is calling for an election code of conduct overhaul after winning a legal battle against an opponent who made false allegations on an election flyer during the March poll.

Redland City Council councillor Tracey Huges won a legal battle against her election opponent Jack Barton after false allegations were made about her on a campaign flyer.

A failed candidate in this year’s March local government poll has been forced to make a public apology to the candidate who won the seat, renewing calls for rules governing election behaviour to be tightened.

Unsuccessful Redland City Council candidate Jack Barton wrote a one-page apology to winning candidate Tracey Huges, who was returned to the seat she has held since 2016.

Mr Barton’s written apology acknowledged he had made “a wrongful allegation” about Cr Huges in a A5 election flyer delivered to letterboxes in Alexandra Hills Capalaba, Birkdale and Wellington Point on the eve of pre-polling in March.

Redland councillor Tracey Huges complained about the election flyer. Picture: The Courier-Mail.

The flyer wrongly alleged Cr Huges had been fined for misconduct and made allegations that she had put up Redland rates by 5 per cent and incorrectly claimed she did not live in the electorate.

His incorrect allegation of misconduct related to a 2019 incident in which Cr Huges mistakenly emailed personal details.

“In stating in the flyer that councillor Tracey Huges ‘leaked personal information’, I note that I did not say that she ‘deliberately leaked’ that personal information,” the apology said.

He also paid $4400 towards Cr Huges’ legal fees and made an undertaking to make amends, vowing not to publish any more similar allegations.

Electoral Commissioner Pat Vidgen raised the poor behaviour of candidates during the March poll at last week’s state parliament estimates.

Mr Vidgen also raised concerns about the Electoral Commission of Queensland’s limited powers to enforce authorisation of election material on social media.

ECQ’s Pat Vidgen is looking into claims about the March election. Picture: Judith Kerr

Cr Huges said the apology and legal fee payment failed to solve the greater issue of bad behaviour by election candidates.

She said the Electoral Commission of Queensland policies for dealing with complaints during elections were ineffective and needed to be updated to ensure complaints were dealt with in real-time so any misinformation could be dispelled during the campaign.

“I contacted the Electoral Commission after I saw the flyer, but I did not get any response and so I sent a second email which was only acknowledged this month,” Cr Huges said.

“It could have been dealt with while the election campaign was on so voters got to hear the truth.

“I was just left to fend for myself, which meant I had no option but to instigate legal proceedings, which was expensive.

“By not intervening to stop this type of behaviour, the ECQ was condoning candidates spreading misinformation during an election campaign.

“Mr Barton is a member of the LNP and I also asked the party to intervene but I have not had a response.”

Jack Barton and the letter of apology addressed to Cr Tracey Huges. Pictures: Contributed

Even the state government’s Office of Independent Assessor, established to deal with complaints about councillors and mayors, refused to delve into the matter, which was settled outside court by lawyers.

OIA Independent Assessor Bronwyn Blagoev said the body’s powers only applied to councillors and it did not regulate the conduct of candidates.

“As such, this is a not a matter we are aware of or can comment on,” Ms Blagoev said.

“Similarly, I cannot comment on broader issues such as the review of the elections or matters of electoral policy.”

Local government and its sustainability was under scrutiny and discussed in a House of Representatives Standing Committee inquiry into local government sustainability in Canberra last week.

Mr Barton was contacted for comment.