Record of written complaints about Councillor conduct or performance

Section 181A of the Local Government Act 2009 provides that the chief executive officer must keep a record of written complaints* received about Councillor Conduct or Performance and the outcome of each written complaint, including any disciplinary or other action that was taken in relation to the complaint. Subsection (2) requires that the public may inspect the record:

  • at the local government’s public office; or
  • on the local government’s website.

This is the record of all complaints received since the Act was proclaimed into force:

Date: 14 April 2015

Details of complaint: There was an allegation that Councillor McDonald engaged in misconduct under section 176(3)(b) of the Local Government Act 2009 in that he engaged in conduct that involved the performance of  the Councillor’s responsibilities in a way that was not impartial by failing to declare a material personal interest (MPI), remaining during the discussion and subsequently voting on the matter in question during a Council Planning and Development Committee meeting which dealt with the approval for construction of a Bunnings Warehouse (in breach of s172 (5) of the Act). The alleged material personal interest related to Cr McDonald holding 182 shares in Westfarmers which owns Bunnings.

Category (inappropriate conduct, misconduct, corrupt conduct): Misconduct.

Referral Mayor / DILGP / CCC): Complaint referred to Department of Infrastructure, Local Government and Planning (Regional Conduct Review Panel).

Notice Given: 1 December 2015.

Outcome (including any disciplinary action taken): The Regional Conduct Review Panel determined that the complaint was substantiated, and made an order pursuant to section 180(2)(b) of the Local Government Act 2009, that Cr McDonald make an admission of error. Cr McDonald made the admission of error at the Ordinary Meeting of Council held on 15 December 2015.

Date: June 2011

Details of complaint: It was alleged that Councillor Marks disclosed confidential information relating to the possible redevelopment   of a shopping centre during negotiations between Council and the Queensland Investment Corporation.

Category (inappropriate conduct, misconduct, official misconduct): Official Misconduct.

Referral (Mayor / DIP / CMC): Complaint referred to CMC.

Notice given: October 29, 2013.

Outcome (including any disciplinary action taken): Insufficient evidence was found to substantiate the allegations. 

Date: 27 September 2010

Details of complaint: Councillor Cahill allegedly breached   the ‘Code of Conduct for Councillors’ by being disrespectful to a resident (turned off their mobile phone, refused to take a complaint, talked over the complainant and hung up on the complainant).

Category (inappropriate conduct, misconduct, official misconduct): Inappropriate conduct.

Referral (Mayor / DIP / CMC): Complaint referred to Mayor.

Notice given (refer s 181A (2): November 5, 2010.

Outcome (including any disciplinary action taken): Mayor determined that the complaint was not substantiated, having regard to available evidence.

*Complaints that are assessed as being frivolous, having been made vexatiously, or made as a public interest disclosure within the meaning of the Public Interest Disclosure Act 2010 are exempted from the requirement to be recorded.

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