Queensland Numbered Acts Queensland Numbered ActsSections 178 to 180—
omit, insert—
'(1) This division is about dealing with complaints about the conduct and performance of councillors, to ensure—
(a) appropriate standards of conduct and performance are maintained; and
(b) a councillor who engages in inappropriate conduct or misconduct is appropriately disciplined.
'(2) However, this division does not apply to the conduct of councillors at a meeting of the council or its committees, other than a failure of a councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting.
Note—
The rules of procedure deal with the conduct of participants at meetings of the council or its committees.
'(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
(iv) a refusal by the councillor to comply with a direction or order of the BCC councillor conduct review panel about the councillor; or
(v) a failure of the councillor to comply with a direction to leave a meeting of the council or its committees made by the chairperson of the meeting; or
(c) that contravenes section 173(3) or 175(4).
'(4) Inappropriate conduct is conduct of or by a councillor that is not appropriate conduct for a representative of the council, but is not misconduct.
'(5) It is irrelevant whether the conduct that constitutes misconduct or inappropriate conduct was engaged in—
(a) within Queensland or elsewhere; or
(b) when the councillor was not exercising the responsibilities of a councillor.
'(6) The BCC councillor conduct review panel is a body, created under this Act, that is responsible for hearing and deciding a complaint of misconduct or inappropriate conduct by a councillor.
'(7) To remove any doubt, it is declared that a councillor may be dealt with for an act or omission that constitutes misconduct under this Act, and also be dealt with for the same act or omission—
(a) as the commission of an offence; or
(b) under the Crime and Misconduct Act.
'(8) A decision under this division by any of the following persons is not subject to appeal—
(a) the BCC councillor conduct review panel;
(b) the department's chief executive;
(c) the chief executive officer.
Note—
See section 226 for more information.
'(1) This division applies to a complaint about the conduct of a person who is no longer a councillor if—
(a) the person was a councillor when the relevant conduct is alleged to have happened; and
(b) the complaint is made within 2 years after the person stopped being a councillor.
'(2) However, an entity dealing with the complaint under this division may decide to take no further action in relation to the complaint, despite any contrary requirement of this division, if the entity considers the decision is in the public interest.
'(3) An entity that makes a decision under subsection (2) must give the entity that made the complaint, and the accused person, a written notice that states—
(a) no further action will be taken in relation to the complaint; and
(b) the reasons for the decision.
'(4) For applying this division to a complaint about a person who is no longer a councillor, a reference to a councillor is taken to be a reference to the person.
'(1) This section applies if the council, or the department's chief executive, makes or receives a complaint about the conduct or performance of a councillor.
'(2) The council, or the department's chief executive, must give written notice of the complaint to the chief executive officer.
'(3) However, if the complaint was made by the chief executive officer, written notice of the complaint must be given to the department's chief executive.
'(4) After receiving notice of the complaint under subsection (2), the chief executive officer must conduct a preliminary assessment of the complaint.
'(5) After receiving notice of the complaint under subsection (3), the department's chief executive must conduct a preliminary assessment of the complaint.
'(6) A preliminary assessment is an assessment of a complaint about the conduct or performance of a councillor to decide whether the complaint—
(a) is about a frivolous matter or was made vexatiously; or
(b) is about inappropriate conduct, misconduct, official misconduct or another matter (including a general complaint against the council, for example); or
(c) is lacking in substance.
'(7) This section does not apply to a complaint about official misconduct referred to the department's chief executive by the Crime and Misconduct Commission established under the Crime and Misconduct Act.
'(8) A complaint about the conduct of councillors at a meeting of the council or its committees is of no effect.
'(1) This section applies if the chief executive officer or the department's chief executive (each a complaints assessor) conducts a preliminary assessment of a complaint about the conduct or performance of a councillor.
'(2) The complaints assessor may decide no further action need be taken in relation to the complaint if the preliminary assessment is—
(a) that the complaint is about a frivolous matter or was made vexatiously; or
(b) that the complaint is lacking in substance.
'(3) If the preliminary assessment is that the complaint is about misconduct or inappropriate conduct, the complaints assessor must refer the complaint to the BCC councillor conduct review panel.
'(4) If the preliminary assessment is that the complaint is about official misconduct under the Crime and Misconduct Act, the complaints assessor must deal with the complaint under that Act.
'(5) If the preliminary assessment is that the complaint is about another matter, the complaints assessor must deal with the complaint in an appropriate way.
'(6) After acting under subsection (2) to (5), the complaints assessor must give the entity that made the complaint, and the accused councillor, a written notice that states—
(a) the type of complaint that the assessor has assessed the complaint as; and
(b) the action (if any) that is proposed to be taken in relation to the complaint; and
(c) if the complaint was about a frivolous matter, was made vexatiously or was lacking in substance—that it is an offence under subsection (7) for a person to make a complaint that is substantially the same as a complaint that the person has previously made.
'(7) A person must not make a complaint about the conduct or performance of a councillor if—
(a) the complaint is substantially the same as a complaint that the person has previously made; and
(b) the complaints assessor has given the person a notice that complies with subsection (6).
Maximum penalty for subsection (7)—10 penalty units.'.