Queensland Numbered Acts Queensland Numbered Acts(1) This division is about dealing with complaints about the conduct and performance of councillors, to ensure that--
(a) appropriate standards of conduct and performance are maintained; and
(b) a councillor who engages in misconduct is disciplined.
(2) A councillor includes a person who is no longer a councillor but who was a councillor when the misconduct is alleged to have happened.
(3) Misconduct is conduct, or a conspiracy or attempt to engage in conduct, of or by a councillor--
(a) that adversely affects, or could adversely affect, (either directly or indirectly) the honest and impartial performance of the councillor's responsibilities or exercise of the councillor's powers; or
(b) that is or involves--
(i) the performance of the councillor's responsibilities, or the exercise of the councillor's powers, in a way that is not honest or is not impartial; or
(ii) a breach of the trust placed in the councillor; or
(iii) a misuse of information or material acquired in or in connection with the performance of the councillor's responsibilities, whether the misuse is for the benefit of the councillor or someone else; or
(c) that breaches section 174(2); or
(d) that is referred to the department's chief executive as misconduct under section 181.
(4) Inappropriate conduct is conduct that is not appropriate conduct for a representative of a local government, but is not misconduct, including for example--
(a) a councillor failing to comply with the local government's procedures; or
(b) a councillor behaving in an offensive or disorderly way in a meeting of the local government or any of its committees.
(5) It is irrelevant whether the conduct that constitutes misconduct was engaged in--
(a) within Queensland or elsewhere; or
(b) when the councillor was not exercising the responsibilities of a councillor.
(6) In summary, the process for reviewing complaints of misconduct by councillors is as follows--
* assessing complaints--the chief executive officer assesses each complaint of misconduct, and refers all complaints of misconduct that are not frivolous or vexatious to the department's chief executive
* notifying councillor of the hearing of a complaint of misconduct--the department's chief executive notifies the councillor about the hearing of the complaint
* hearing and deciding complaints--the regional conduct review panel or tribunal hears the complaint and decides whether or not the councillor engaged in misconduct, and if so, what is the appropriate disciplinary action
* taking disciplinary action--disciplinary action is taken against a councillor who has engaged in misconduct, by the regional conduct review panel, the tribunal or the Minister, depending on the severity of the misconduct.
(7) A regional conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of misconduct by a councillor.
Note--
See chapter 6, part 4 for more information about the creation of a regional conduct review panel.
(8) The tribunal is a body, created under this Act, that is responsible (amongst other things) for hearing and deciding the most serious complaints of misconduct by a councillor.
Note--
See chapter 6, part 3 for more information about the creation of the tribunal, and section 183 for the tribunal's other responsibilities.
(9) To remove any doubt, a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also dealt with for the same act or omission--
(a) as the commission of an offence; or
(b) under the Crime and Misconduct Commission Act.
(10) A decision under this part by any of the following persons is not subject to appeal--
(a) a regional conduct review panel;
(b) the tribunal;
(c) the chief executive officer;
(d) a mayor;
(e) a deputy mayor;
(f) the chairperson of a meeting.
Note--
See section 244 for more information.