Office of the Independent Assessor ordered to stay out of Qld councillors’ private business

The Queensland government will change laws around the personal conduct of councillors, meaning they will no longer be investigated by the Office of the Independent Assessor.

Inaugural Indpendent Assessor Kathleen Florian departed the role this month. Picture: Daryl Wright

Personal conduct of councillors will no longer be investigated by the controversial Office of the Independent Assessor following barrage of complaints from the local government sector.

The state government will push ahead with a law change to force the Independent Assessor to focus on conduct relevant to a councillor’s official duties rather than their private behaviour, which it noted was “more appropriately a matter for electors to determine at the ballot box”.

Under the change, the Independent Assessor must dismiss a complaint about a councillor if it is not in the public interest, was received outside of the prescribed period, relates to personal conduct or if the office of the councillor is vacated.

The Office of the Independent Assessor fought against the change, arguing it should be able to take action if the personal conduct of a councillor “does not provide high-quality leadership” to their community.

Barcaldine Mayor Sean Dillon was put through a “protracted” investigation by the Independent Assessor in 2021. Picture: Liam Kidston

The State Development Committee, which recommended the Bill be passed, noted the changes would deliver quicker complaint resolutions, a major concern raised by the local government sector.

The Office of the Independent Assessor was established in 2018 to investigate complaints about councillor conduct before deciding whether it should be passed to the Councillor Conduct Tribunal for a hearing.

A review of the office in 2022 – prompted by reporting in The Courier-Mail – resulted in the government supporting all 40 recommendations to clarify the assessor’s role and what complaints it should prosecute.

The Local Government Association of Queensland, in a historic submission to the committee, said the Independent Assessor was being “weaponised for political purposes” and pursuing frivolous complaints.

“It serves nobody when elected representatives operate in an environment of fear and intimidation,” it said.

Former Livingstone Shire Council mayor Bill Ludwig was “reprimanded” by the Councillor Conduct Tribunal.

Barcaldine Mayor Sean Dillon was put through a “protracted” investigation by the Independent Assessor in 2021 after he criticised the state’s Covid-19 vaccination rollout.

In November 2022, former Livingstone Shire Council mayor Bill Ludwig was “reprimanded” by the tribunal, almost three years after he left office, over a sustained misconduct complaint first raised in 2017.

Inaugural Independent Assessor Kathleen Florian departed the role on October 20 and Bronwyn Blagoev was appointed in an acting role while the state government finalises recruitment.

Committee chairman and Labor MP Chris Whiting said the change would make ensure the process for dealing with complaints would be “more effective, efficient and ensure that only matters of substance and in the public interest proceed for determination”.

Under the change, the Independent Assessor would apply a preliminary assessment to determine how to deal with the complaint, including a time limit for accepting it.

Inaugural Indpendent Assessor Kathleen Florian departed the role this month. Picture: Daryl Wright

Councillor Conduct Tribunal findings would also be published in full and a process put in place to “declare a person a vexatious complainant”.

The change also forces the Independent Assessor to “have regard” to the Aboriginal traditions or island customs of the councillor when considering whether to investigate a complaint.

The Bill will also replace the requirement to place local government notices in print newspapers to other media, including online publications.

Attached to the Bill is also an amendment giving the Electoral Commission of Queensland greater discretion to determine which election costs are passed on to a local government, replacing a previous direction requiring it to invoice a council for the full amount.

OIA investigations

■ Barcaldine Mayor Sean Dillon suffers a lengthy investigation for criticising the state’s Covid-19 vaccination rollout

■ Former Livingstone Shire Council mayor Bill Ludwig “reprimanded” almost three years after he left office for a misconduct complaint raised in 2017

■ Unnamed councillor reprimanded for failing to delete a comment on Facebook in which a constituent calls them a “f--king braindead spastic c--t”

■ Gold Coast councillors investigated for using “frivolous” in an incorrect context, blocking a person on Facebook and the incorrect moderation of a councillor’s Facebook page

Originally published as Office of the Independent Assessor ordered to stay out of Qld councillors’ private business