2015-03-31 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                31 MARCH 2015


             (i)   is not honest or is not impartial; or
             (ii)  involves a breach of the trust placed in a person holding an appointment either
                   knowingly or recklessly; or
             (iii) involves a misuse of information or material acquired in, or in connection with
                   the performance of functions or the exercise of powers of a person holding an
                   appointment; and
       (c)   is engaged in for the purpose of providing a benefit to the person or another person
             or causing a detriment to another person; and
       (d)    would, if proved, be
             (i)   a criminal offence; or
             (ii) a disciplinary breach providing reasonable grounds for terminating the person’s
                   services, if the person is or were the holder of an appointment.

Under the CC Act, conduct is defined to include:
(a) neglect, failure and inaction; and
(b) conspiracy to engage in conduct; and
(c) an attempt to engage in conduct.

The CC Act requires that the public official of a public sector entity (which includes a local
government) must, in accordance with section 38 of the CC Act, notify the CCC of a complaint,
information or matter (also called a complaint) which they reasonably suspect involves, or may
involve, corrupt conduct. In relation to a complaint regarding the CEO the CC Act requires local
governments to develop a policy in consultation with the Chairman of the CCC on how the local
government will deal with a complaint, information or matter involving corrupt conduct of the
public official. Refer to section 48A of the Crime and Corruption Act 2014.

The attached Noosa Council Policy “Complaints about the Public Official:section 48A of the
Crime and Corruption Act 2001” (refer Attachment 1) has been drafted in accordance with the
suggested outline provided by the CCC.

The purpose of the policy is to promote public confidence that complaints made about the CEO
will be dealt with properly and outline how these complaints will be managed.

The Policy identifies the Mayor as the ‘Nominated Person’ responsible for dealing with a
complaint about the CEO, pursuant to s 48A. This role will receive, notify (if necessary), manage
and otherwise deal with any complaint, information or matter involving corrupt conduct in relation
to the CEO in accordance with the process identified in the Policy and the requirements of the
CC Act. The Policy outline provided by the CCC allows for more than one person to be
nominated however the Mayor is recommended and advice from the CCC is that the Mayor can
be that person.

A draft of the Policy has been reviewed by the CCC which has advised Council (refer to
Attachment 2) that the Policy meets CCC requirements.


Previous Council Consideration

Nil.

Finance & Risk

Nil.


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