2019-08-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                  6 AUGUST 2019


Based on the fact that it has been through the Stage Parliament Committee process, there are
unlikely to be any further changes before the Bill is enacted. That is likely to occur in the coming
weeks.

This legislation will have a significant impact on all Councils across Queensland. The State
government is proposing a two-tiered implementation timetable for the provisions in the
legislation. The changes and timing for each of the major changes is set out below.

2.1   Changes that will commence immediately from the date of assent (effectively once the
      Governor in Council assents to the Bill which is normally a few days after it is passed
      through Parliament)

    Mandatory training for candidates and Councillors – anyone wanting to nominate as a
      candidate for a local government election (including existing Concillors) will now be
      required to complete mandatory training before they can lodge their nomination with the
      Electoral Commission of Queensland. The intent of this new requirement is to ensure that
      all candidates are fully informed of their obligations as candidates and Councillors. No
      details are yet available about when that training will occur or who will undertake it.
    Stricter requirements in relation to how electoral campaign bank accounts and records are
      kept are proposed. This includes prohibiting the use of credit cards for campaign expenses,
      requirements for all candidates to keep detailed records of all donations and expenditure of
      $500 or more from 1 May 2019 etc.
    Changes to the existing conflict of interest and material personal interest provisions for
      Councillors. Specific training will be provided to Councillors on the proposed changes in
      due course but in a nutshell, existing references to “material personal interests” will be
      changed to refer to “prescribed conflicts of interest” and other conflicts of interest will
      become “declarable conflicts of interest”. The prescribed conflicts of interests will include:
      (i)    gifts or donations worth more than $2,000 to a Councillor, group or party as an
             electoral donation or to a close associate of the Councillor;
      (ii) CEO employment matters if a Councillor is a close associate of the CEO;
      (iii) applications (eg permits, town planning etc) by a Councillor or a close associate of
             the Councillor;
      (iv) contracts between the Council and a Councillor or their close associate.
      There are also proposed changes to the statutory exemptions. It is understood the
      Department of Local Government will be once again undertaking training for Councillors
      about the proposed changes to these provisions.
    Broadening the power of the State Government to intervene with respect to local
      governments (based on the recent Ipswich City Council and Logan City Council scenarios).
    Broadening the list of matters that Council cannot deal with during the pre-election
      caretaker provisions. The caretaker period commences upon the calling of the poll
      (opening of nominations) and concludes with the swearing in and statutory meeting of the
      new Council (normally a few weeks after the election). The extent of matters which cannot
      be dealt with by Council (including under delegation) during this time is now proposed to
      include:
      o     employment/termination of a Chief Executive Officer;
      o     contracts of more than $200,000 or 1% of the value of the Council’s rates (in our
            Council’s case, approximately $500,000);
      o     significant procurement activities such as establishing exceptions to obtaining quotes
            or tenders when entering into a contract or establishing panels of providers;
      o     making or amending local laws;
      o     making or amending local planning instruments; and
      o     varying existing development approvals.
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