Cloncurry councillor Damien McGee takes legal against council misconduct watchdog

A former North Queensland councillor has launched civil proceedings against the state government amid claims it abused its process in pursuing allegations of misconduct against him.

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A FORMER North Queensland councillor has launched civil proceedings against the state government amid claims it abused its process in pursuing allegations of misconduct against him.

Damien McGee, a former Cloncurry Shire Councillor, is locked in a legal battle with the councillor conduct regulatory body – the Office of The Independent Assessor.

Court documents obtained by the Bulletin show that Mr McGee is petitioning the court to stay disciplinary proceedings against him.

During his two-term tenure at the regional northwest Queensland council, two complaints alleged Mr McGee engaged in misconduct by voting to change a local procurement policy during meetings in 2016 and 2017.

Former Cloncurry Shire Councillor Damien McGee. Picture: Peter Rogalski

In December 2016 council members considered a new procurement policy that redefined “local business” to those with a head office inside the shire and provided a 20 per cent advantage to operations which fell into that category.

McGee, who operates a refrigeration business in the region, voted to support the change but did not declare a personal interest in the matter resulting in a complaint alleging he acted to gain a competitive advantage.

As is required, Mr McGee’s business was declared publicly on his register of interest and his legal team argues it was well known by other councillors and community members when he voted.

The first complaint was referred to the department which later became the Department of Local Government, Racing and Multicultural Affairs before its complaints function was transferred to the Office of the The Independent Assessor (OIA) in December 2018.

The allegation was later dismissed on May 8, 2018 after a majority panel from the Regional Conduct Review decided Mr McGee would benefit no more than any other local business and that the benefits of the policy could be enjoyed “equally”.

“There is nothing in the procurement policy that gives Cr McGee’s business a greater or additional benefit,” the ruling stated.

It is a second complaint, alleging the similar behaviour at a council meeting in November 2017, which Mr McGee is fighting to have permanently stayed.

At the second meeting, Mr McGee voted to amend the policy and introduce a broader definition of a “local business” and allow benefit to businesses operating in the shire but that have main offices in other regions.

When the OIA assumed responsibility for complaints in 2018 it took over the complaint against Mr McGee and undertook “statutory and administrative” processes before referring the matter to the Councillor Conduct Tribunal (CCT) in November 2019.

During a hearing in Townsville’s Supreme Court on Wednesday, defence barrister Douglas Savage argued Mr McGee’s alleged conduct was not “objectively capable” of constituting misconduct – a prerequisite required to refer the matter to the CCT for determination.

He further argued the decision to dismiss the previous complaint was central and that the prior decision would have predetermined the outcome in Mr McGee’s favour.

Barrister Stephen Keim, acting for the OIA, rejected this argument and said Mr McGee retained an advantage as a local supplier under the policy. Mr Keim also argued that the two separate complaints were not cross admissible and related to “two separate actions in different circumstances 12 months apart”.

“There is a public interest in my submission in matters alleged against councillors being dealt with by statutory tribunals,” he said.

Justice David North reserved his decision after a two-day hearing in Townsville’s Supreme Court.

Originally published as Cloncurry councillor Damien McGee takes legal against council misconduct watchdog