Councillor Code of Conduct Breaches
Councillor Code of Conduct
In adopting the Code, Council acknowledged that it sets out, for both Councillors and the community, the standards of behaviour expected of Councillors of Flinders Shire Council
The code is based on the Local Government Act 2009. It is also based on a best practice model code of conduct prepared by the Local Government Association of Queensland (LGAQ).
The code also demonstrates Council's commitment to the following local government principles contained in the Act:
- transparent and effective processes, and decision-making in the public interest;
- sustainable development and management of assets and infrastructure, and delivery of effective services;
- democratic representation, social inclusion and meaningful community engagement;
- good governance of, and by, local government; and
- ethical and legal behaviour of councillors and local government employees.
Complaints about Councillor Conduct
Complaints about the conduct of a Councillor will be assessed by the Chief Executive Officer (CEO) and based on this assessment, the following actions may occur.
The CEO may appoint a mediator and/or investigator to make a determination as to whether the complaint is frivolous and/or vexatious - no further action will be taken and you will be advised of the outcome of your complaint; or the matter is referred to the Mayor as inappropriate conduct. Refer to inappropriate conduct assessment below.
Inappropriate conduct assessment
The matter will be referred to the Mayor to consider the appropriate action, which could result in a written reprimand or if it is a repeat of inappropriate conduct, the matter will be referred to the Department of Local Government's CEO as misconduct.
Referred to the Department of Local Government's CEO to review if the complaint should be referred to a Regional Conduct Review Panel or Tribunal for investigation.
Official misconduct assessment
Referred to the Crime and Misconduct Commission (CMC) for review and if required, investigation. If you require further information about making a complaint to the CMC phone 1800 061 611 or email firstname.lastname@example.org.
Outcomes of complaints
If a complaint is proved to be correct, depending on the seriousness of a complaint and/or frequency of a Councillor's breaches, the outcomes could range from counselling through to dismissal.
Submitting a complaint
Your complaint will need to be made in writing. In your complaint please address the following:
- Your name, address and contact details
- Approximate time of the alleged incident
- Date of the alleged incident
- Place where the alleged incident occurred
- Name(s) and contact detail(s) of the person(s) who witnessed the incident (if applicable)
- Detail what principle or section of the Act you are alleging the Councillor has breached (e.g. Cr XYZ breached the local government principles under section 4 of the Local Government Act 2009 by swearing at me during a public meeting in front of Mr John Smith at the Flinders Shire Council Office 34 Gray Street, Hughenden)
- Attach any evidence you have in relation to this complaint
- Detail the outcome you are seeking as a result of your complaint
Register of Complaints Against Councillors
Council is required to keep a register of complaints made against Councillors and the outcome of these complaints. There are some exceptions to recording complaints regarding public interest disclosures in the register.
The register is available for public inspection on Council's website. At present there are no Code of Conduct breaches registered.