Inquiry into the Office of the Independent Assessor
Following enquiries to our office from residents regarding the Inquiry into the Office of the Independent Assessor (OIA), we have complied the following information from the official records (Hansard) for the recent Estimates Hearings of the State Development and Regional Industries Committee.
CHAIR: We have talked a bit about the OIA today. With reference to page 7 of the SDS, could the Deputy Premier outline what measures the government is taking to support the Office of the Independent Assessor, and, once again, are you aware of any alternative approaches?
Dr MILES: As a large, decentralised and diverse state, Queensland faces significant challenges when it comes to delivering services for our rural and remote communities. Queensland’s local governments do a fantastic job delivering those services. The mayors and councillors serve their communities sometimes under difficult circumstances. Queenslanders deserve to have faith in their local governments. Our councillors deserve to have any complaints made against them assessed fairly and reasonably. Unfortunately, we have seen some instances of politically motivated complaints to the OIA and a number of frivolous and vexatious complaints which have bogged down the important work of the Independent Assessor. This budget supports the work of the Office of the Independent Assessor and enhances it with additional funding of $6.894 million over the next four years. With that ongoing funding, the OIA will be able to operate with the certainty it needs. That funding will allow eight temporary positions to become full time, bringing the total FTE to 19.
As you are aware, in 2021 I made a request to the committee to conduct a review into the functions of the Independent Assessor. I would like to, as I did before, acknowledge and thank the committee for its hard work. As we noted, the committee made 40 recommendations. I have outlined where each of those recommendations is up to. In addition to that and in response to council concerns about conflict-of-interest legislation, a number of amendments are being considered to further clarify and simplify the councillor conflict of interest requirements. It is the Palaszczuk government’s intention for these changes to be finalised by the end of the year so that they can be in effect ahead of the next local government elections in March 2024.
Mr HART: The committee’s report on its inquiry into the Independent Assessor and the councillor conduct complaints system made 40 recommendations. How many of those have been fully implemented?
Dr MILES: I thank the member for his question, and I thank the committee for their efforts on that review. In January I tabled the government’s response to those recommendations. We accepted all 40 in principle or fully. The department is currently working with stakeholders to implement the recommendations. Six have been fully implemented—that is, recommendations 3, 5, 7, 22, 26 and 38.
Six are operational matters for ongoing consideration by the Office of the Independent Assessor and the Councillor Conduct Tribunal—that is, recommendations 2, 6, 9, 11, 31 and 32.
Seventeen recommendations require legislative amendment, which are currently being considered by the government. They are recommendations 1, 4, 8, 10, 12, 13, 14, 15, 16, 17, 19, 23, 27, 29, 30, 36 and 39.
Ten recommendations are operational matters that require further consideration by the department. They are recommendations 18, 20, 21, 24, 25, 28, 33, 34, 35 and 37.
One recommendation is for the SDRIC to undertake and that is recommendation 37.
Following this, the Government has now introduced the Local Government (Councillor Conduct) and Other Legislation Amendment Bill into Parliament. Please find relevant links below:
Bill: https://documents.parliament.qld.gov.au/tp/2023/5723T1322-AF0C.pdf
Explanatory Notes: https://documents.parliament.qld.gov.au/tp/2023/5723T1323-2881.pdf
Statement of Compatibility: https://documents.parliament.qld.gov.au/tp/2023/5723T1324-B481.pdf
Committee Details: www.parliament.qld.gov.au/Work-of-Committees/Committees/Committee-Details?cid=172&id=4284
Submissions can be made to the State Development and Regional Industries Committee regarding until 3 October 2023.
We have sent this information to stakeholders and welcome all feedback from Noosa State Electorate residents via noosa@parliament.qld.gov.au to inform Sandy’s debate speech and vote.
Direct advocacy regarding the OIA or the Local Government (Councillor Conduct) and Other Legislation Amendment Bill can also be directed to the QLD Minister for Local Government via deputy.premier@ministerial.qld.gov.au. Please cc’ our office in via noosa@parliament.qld.gov.au as well forward any response you receive to us.
2024 Local Government (Noosa Shire Council) Elections
The following has been provided by the Minister for Local Government regarding the Local Government Elections next year:
The date for the next local government elections is 16 March 2024. Information for candidates about electoral matters such as nomination, receiving gifts and loans, prohibited donors and electoral expenditure caps is available on the Electoral Commission Queensland (ECQ) website at www.ecq.qld.gov.au. ECQ’s website contains a large number of fact sheets for candidates covering an array of matters including how to disclose electoral gifts, who is a prohibited donor and what is electoral expenditure.
Prior to nominating, candidates for local government elections (including sitting councillors) are required to complete the ‘So you want to be a councillor’ training. Information about the training is available on the department’s website at www.statedevelopment.qld.gov.au. Nominations will be invalid unless the candidate has completed the training.
Further information to assist candidates and residents alike is available at www.ecq.qld.gov.au/elections/election-events/2024-local-government-elections
Further information
As part of sharing knowledge about the different levels of governments and the roles of representatives, we have also posted a summary at www.sandybolton.com/council-state-federal-the-3-levels-of-australian-government-july-2023.
When there is a failure or complaint at one level of government, there are appropriate channels to address these and it is not always as simple as asking a State MP to intervene in a Local Government matter as one example. To assist in this example, information on the oversight of local government is available at www.sandybolton.com/oversight-of-local-government.
If you are unsure while Local Government area you live in, You can search via your address at www.ecq.qld.gov.au/electoral-boundaries/where-is-my-electorate.
In response to those asking about changing whether a Council operates with divisions for their Councillors or not, we have posted information at www.sandybolton.com/local-government-divisions-february-2023.