Office of the Independent Assessor warns of fines for false accusations against councillors

Queensland’s councillor conduct watchdog has warned it won’t tolerate the “distraction” of false accusations against councillors in the lead up to next year’s local government elections.

Independent Assessor Kathleen Florian says the office is “acutely aware” of the need for fair elections without the distraction of . Pic Peter Wallis

QUEENSLAND’S councillor conduct watchdog has warned politically motivated, vexatious complaints could result in massive fines ahead of next year’s local government elections.

The Office of the Independent Assessor’s (OIA) annual report states it will implement strategies to “minimise the politicisation of councillor complaints” in the lead up to the March 2020 local government elections.

Making vexatious, frivolous complaints or complaints not made in good faith can be prosecuted in the Magistrates Court and carries a maximum fine of $11,000.

Independent Assessor Kathleen Florian said the Office was “acutely aware” of the need for fair elections without the “distraction of false accusations about councillor conduct”.

Independent Assessor Kathleen Florian. Picture: Peter Wallis

“The Office takes its role to assess, investigate and prosecute genuine complaints very seriously, but recognises it also has a responsibility to address the behaviour of people who make complaints maliciously or mischievously,” she said.

“The OIA has the power to dismiss or take no further action on improper complaints and can prosecute people who make vexatious, frivolous complaints or complaints that are not made in good faith.”

Ms Florian said the OIA would first dismiss improper complaints and warn complainants of the office provisions, escalating to investigation if the warnings were not heeded.

The Independent Assessor has commenced one investigation into a vexatious complainant but has not yet prosecuted anyone for the offence.

The Office also flagged an expected increase in overall complaints ahead of the elections and as Brisbane City councillors came under its jurisdiction, pending the implementation of stage two of the Belcarra Report.

“This is subject to this legislation being passed and the commencement date provided under that legislation,” Ms Florian said.

The annual report noted that a high volume of complaints placed “significant pressure” on the team, resulting in delays in completing investigations and referring completed misconduct investigation to the Councillor Conduct Tribunal.

“As at today the OIA has received more than 1,020 complaints about councillor conduct since it was established in December 2018,” Ms Florian said.

“It is prioritising investigations where allegations of councillor conduct are impacting on the ability of a council to function, as well as investigations that have been referred from the Crime and Corruption Commission.”