Current Governance Issues in Queensland Presentation - Stephe… · Current Governance Issues in Queensland Stephen Johnston Deputy Director-General Local Government and Regional

Current Governance Issues in Queensland

Stephen Johnston Deputy Director-General Local Government and Regional Services

About Queensland Local Government

• Prior to 2008 amalgamations there were 157 Councils with 157 Mayors and 1128 Councillors

• Post amalgamation 2008 – 2013 there were 73 Councils (36 had no boundary change)

• 2013 De-amalgamations reinstated 4 Councils

• 2014 – 2016 we have 77 Councils, 77 Mayors and 501 councillors

Local Government Elections 2016

March elections resulted in:

• 50 per cent turnover of Councillors

• 53 per cent turnover of Mayors

• Turnover rate has been increasing since 2000 election

• Trend similar to 2012 elections – LGAQ suggests this is the new norm

Legislation

• 1924 City of Brisbane Act

• 1936 Qld Local Government Act

• 1993 Qld Local Government Act (2 regulations) mirrored many of the changes to NSW legislation

• 2009 Qld Local Government Act (3 regulations)

• 2009 City of Brisbane Act

• 2013 Significant reforms by Newman Government to the 2009 Qld LG Act (3 regulations reduced to 1)

Queensland Local Government Act 2009

The Local Government Act (section 4) is founded on five local government principles:

• Transparent and effective processes and decision-making in the public interest

• Sustainable development and management of assets and infrastructure, and delivery of services

• Democratic representation, social inclusion and meaningful community engagement

• Good governance of, and by, local government

• Ethical and legal behaviour of local government employees

What's happening in Queensland

• “Strong Mayor” model

• Councillor Complaints Management Review

• Qld Crime and Corruption Commission:

Transparency and accountability in local government

Making allegations of corrupt conduct public – Is it in the public interest?

Role of a Mayor

In addition to the responsibilities for all Councillors, the Mayor has the following responsibilities:

• leading and managing meetings of the Council at which the Mayor is chairperson

• managing the conduct of Councillors

• preparing a budget to present to the Council

• leading, managing and conducting a performance appraisal of the chief executive officer

• providing direction to the Chief Executive Officer and other senior executive employees

• ensuring Council complies with Ministerial requests

• being a member of all standing committees

• representing the local government at ceremonial or civic functions

Councillor Complaints Management Review

• The Minister has appointed an independent panel to review the current arrangements for handling complaints about the conduct of local government Councillors

• The State’s objectives are:

Maintain public confidence in transparent, accountable, well-governed, efficient and effective local government

Hold Councillors to high standards of ethical and legal behaviour which puts the public interest ahead of their own individual interests

Deter Councillors from poor behaviour and abuse of trust

Councillor Complaints Review Panel

• The panel is chaired by Dr David Solomon AM, a former Integrity Commissioner

• The other members are:

Mr Noel Playford, nominated by the Local Government Association Queensland

Mr Gary Kellar, nominated by the Local Government Managers Australia, Queensland

Researcher – Mr Graham Sansom

Councillor Complaints Review Panel

The review is about:

• Assessing how well or otherwise the current framework achieves the government policy objectives

• Recommend policy, legislative or operational changes required

• Ensuring that when legitimate complaints about councillor conduct are made, they will be dealt with promptly by the appropriate body in accordance with the rules of procedural fairness and natural justice

Referred to: 2014/2015 2015/2016 Total

CCC 8 15 23

Council CEO 4 21 25

Investigations 51 66 117

Mayor 2 2

RCRP 52 9 61

Tribunal 9 11 20

Total 126 122 248

Complaints dealt with by the Department 2014-2016

Councillor Complaint Handling FlowchartLocal Government Act 2009

Entity making or receiving the

complaint

Department’s Chief Executive

LocalGovernment

Chief Executive Officer (CEO)

Mayor

Recommendations for the Councillor Complaints Review Panel

Top issues raised in first round of consultation were:

• Complexity of the system

• Time and costs invested to resolve matters

• Number of vexatious, frivolous, lacking in substance complaints

• Misuse of the system for political gain

• Insufficient penalties and discipline options

• Conflicted role of the CEO – and to a lesser degree the Mayor

• Inconsistencies across jurisdictions, locations and between matters regarding confidentiality, process, penalties and decisions

• Ability to make complaints anonymously

• Right of appeal

Local Government Electoral Donations Review

• The Department is looking into recommendations made by the Crime and Corruption Commission in relation to electoral donations as a result of an investigation into Ipswich City Council

• The Review Panel has finalised its deliberations and Cabinet will soon be asked to consider relevant matters

Local Government Electoral Donations Review

• Six recommendations:

Associations (incorporated or unincorporated) not be able to use official titles such as Mayor

Qld Associations Incorporation Act be amended to ensure that incorporated associations can not be used for receiving or using electoral campaign funds

Timeframes of when donations are received should be more contemporaneous

LG Electoral Act and the LG Act should be aligned for reporting obligations

How unspent donations for electoral purposes should be dealt with

Strengthen obligations of Councillors, CEOs and senior staff for declaring gifts or benefits which could be perceived to provide a benefit

Crime Corruption Commission: Making allegations of corrupt conduct public

• CCC is examining whether its in the public interest to publicise allegations of corrupt conduct

• Issues for consideration:

Open transparent and accountable government

Freedom of speech

Reputational damage

Fair trial

Could adversely affect the ability of the CCC to do its job

Thank you