Councillor conduct

You can make a complaint about councillor conduct by writing to the chief executive officer of the local government to which the councillor belongs - see the local government directory.

If you think that the behaviour is official misconduct (i.e. an allegation about behaviour that, if provided, could amount to a criminal offence) you can report it to the Crime and Misconduct Commission (CMC).

You should include as much relevant information as possible in your complaint so that it can be properly investigated. Key details are:

• your name and address or other contact information
• the name of the councillor and the local government to which they belong
• the reason you are complaining (What happened? Where and when (dates and times) did it happen?).

Other important information that you should provide, if possible, includes:

• who else was involved
• names of any witnesses
• evidence to support your complaint
• whether you have reported or complained about the conduct to any other agency or person in authority; if so, which agency and what was their response?
• what you would like to see happen as a result of your complaint.

As part of the investigation of your complaint, you may be asked to provide additional information.

An anonymous complaint can be difficult to investigate, particularly if it does not provide detailed information. This means that nothing may be done about the councillor or conduct complained about.

If you are concerned about being harassed or victimised because of your complaint the Public Interest Disclosure Act 2010 provides legal protections for making public interest disclosures (PID). More information about public interest disclosures is available from the Queensland Ombudsman.

The local government's PID policy and processes will be available on its website.

You will be advised in writing of the outcome of your complaint.

A complaint about the conduct of a councillor is assessed by the chief executive officer of the relevant local government, unless the complaint is made by the mayor or council chief executive officer.

A complaint made by a mayor or chief executive officer is assessed by the Department of Infrastructure, Local Government and Planning. If the department receives a complaint about a councillor, it sends the complaint to the relevant local government to assess.

The complaint may be assessed as one of the following:

• frivolous, vexatious or lacking in substance
  • A frivolous complaint is one that is about a minor, meaningless or unimportant matter
  • A complaint may be assessed as frivolous if it:
    • does not make a specific allegation
    • provides only vague or insufficient information
    • or is about a trivial, non-serious issue.
  • A vexatious complaint is one that is made to annoy or cause harm.
  • A complaint may be assessed as vexatious if it is made:
    • deliberately to annoy or embarrass a person
    • using information the complainant knows to be false
    • to mislead or harm someone
    • or is not intended to lead to a practical result.
  • A complaint lacking in susbstance is one where the facts do not support the complaint.
  • A complaint may be assessed as lacking in substance if:
    • there is no or not enough evidence of wrongdoing
    • or the information provided was incorrect or misinterpreted by the complainant.
• about inappropriate conduct - poor behaviour not appropriate for an elected representative of a local government, but not serious enough to be misconduct (Local Government Act 2009, section 176(4), City of Brisbane Act 2010, section 178(4)). For example, failing to comply with council procedures and policies or behaving in an offensive or disorderly manner.
• about misconduct - improper behaviour by a councillor as defined by the Local Government Act 2009, section 176(3) and the City of Brisbane Act, section 178(3). For example:
  • acting dishonestly or with bias in carrying out a councillor's official duties
  • misuse of information
  • failure to leave a local government or committee meeting when directed
  • refusal to comply with a regional conduct review panel or tribunal direction
  • repeated inappropriate conduct
  • release of confidential information
  • conflict of interest.
• about official misconduct - defined by, and dealt with, under the Crime and Misconduct Act 2001. For a councillor, official misconduct involves an allegation about behaviour that, if proved, could amount to a criminal offence. Some examples are where a councillor:
  • votes on a matter under consideration by local government with an intention to gain a benefit or avoid a loss for the councillor or someone else
  • uses inside information to cause the purchase or sale of an asset by the councillor or someone else
  • provides false or incomplete information in their register of interests or a register of interests for a related person.
  Section 38 of the Crime and Misconduct Act requires a chief executive officer to report anything they suspect may be official misconduct to the Crime and Misconduct Commission. This requirement overrides any other obligation, such as confidentiality. Visit the Crime and Misconduct Commission website for more information.

If a complaint is determined to be frivolous, vexatious or without substance, no further action is taken.

If a complaint is assessed as being about inappropriate conduct, misconduct or official misconduct an investigation will be undertaken. You may be interviewed and /or asked to provide further information as part of the investigative process.

If a complaint is sustained, the councillor is disciplined. Depending on the seriousness of the conduct complained about, the councillor may be:

• disciplined by the mayor, the department, a regional conduct review panel, the Local Government Remuneration and Discipline Tribunal or the Crime and Misconduct Commission
• prosecuted for committing an offence
• suspended or dismissed from office by the Minister for Local Government.

View more information about how a councillor may be disciplined for unacceptable conduct

Once a complaint has been finalised, both the complainant and the accused councillor are given written advice of the outcome.

The local government's chief executive officer must:

• keep a record of all written complaints and the outcome of each complaint, including any disciplinary or other action
• ensure that the public may inspect that part of the record relating to the outcomes of written complaints at the local government's public office or on its website. This does not apply to complaints that were frivolous, vexatious, lacking in substance or that are a public interest disclosure under the Public Disclosure Interest Act 2010.