Queensland Consolidated Acts

CITY OF BRISBANE ACT 2010 - SECT 171

171 Requests for assistance or information

(1) A councillor may ask a council employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.

(2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the council has access to, relating to the council.

Example of a limit prescribed under a regulation—

A regulation may prescribe the maximum cost to the council of providing information to a councillor.

(3) If the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (8) to comply with the request includes a requirement to provide a copy of the document.

(4) Subsections (2) and (3) do not apply to information or a document—

(a) that is a record of the conduct tribunal; or

(b) that was a record of the former conduct review panel; or

(c) if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or

(d) that would be privileged from production in a legal proceeding on the ground of legal professional privilege.

(5) A request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with the acceptable requests guidelines.

(6) Subsection (5) does not apply to—

(a) the mayor; or

(b) the chairperson of the council if the request relates to the role of the chairperson; or

(c) the chairperson of a committee of the council if the request relates to the role of the chairperson.

(7) In this section a
"council employee" includes a person prescribed under a regulation.

(8) The chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) —

(a) within 10 business days after receiving the request; or

(b) if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.

Penalty—

Maximum penalty—20 penalty units.

(9) If the chief executive officer forms the belief mentioned in subsection (8) (b) , the chief executive officer must give the councillor written notice about the belief and the reasons for the belief within 10 business days after receiving the request.

(10) In this section—

"former conduct review panel" means the BCC councillor conduct review panel under this Act as in force before the commencement of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 , section 34 .