Meeting papers

      Councillor Conduct                                                Conduct of Councillors for the period 1 July 2022 to 30 June 2023


      Chapter 5A of the LG Act outlines the requirements for             Conduct of Councillor                 Response
      dealing with the conduct of Councillors. In particular, the
      Act prescribes the requirements for local governments for          Orders made under section 150I(2)      Nil
      dealing with inappropriate conduct, misconduct, and corrupt        of the LG Act
      conduct of Councillors to ensure that:
                                                                         Orders made under section 150AH(1)     Nil
      - appropriate standards of conduct and performance are             of the LG Act
        maintained, and
                                                                         Decisions, orders and                  1
      - a Councillor who engages in inappropriate, misconduct or         recommendations made under
        corrupt conduct is disciplined.                                  section 150AR(1) of the LG Act

      Councillors’ conduct is governed by the Code of Conduct            Name of each Councillor for whom a     Councillor Frank Wilkie
      for Councillors in Queensland, approved by the Queensland          decision, order or recommendation
      Government on 4 August 2020 and adopted by Council on 19           under sections 150I(2), 150AH(1) or
      November 2020, which sets out the principles and standards         150AR(1) of the LGA Act was made
      of behaviour expected of councillors and mayors when




                                                                                                                                                                                                  Noosa Council Annual Report 2022 - 2023
      carrying out their roles, responsibilities and obligations as      A description of the unsuitable        Allegation One: That on 12 June 2018, Cr Frank Wilkie engaged in
      elected representatives of their community.                        meeting conduct, inappropriate         misconduct as defined in section 176(3)(b)(ii) of the LG Act, in that his
                                                                         conduct or misconduct engaged in by    conduct involved a breach of trust placed in him as a councillor, in that
      Complaints about the conduct of councillors are to be made,        each of the Councillors                it was inconsistent with local government principles in section 4(2)(a) of
      or referred, to the Independent Assessor for investigation                                                the LG Act “Transparent and effective processes, and decision-making
      and determination. The Office of the Independent Assessor                                                 in the public interest” and/or section 4(2)(e) of the LG Act “ethical and
      will assess all complaints received and may also initiate their                                           legal behaviour of councillors and local government employees”, in that
      own investigation if they have reason to suspect Councillor                                               Cr Frank Wilkie did not inform the meeting about his personal interest in
      misconduct or inappropriate conduct.                                                                      the matter as required by section 175E(2) of the LG Act.

      The following table discloses matters relating to the conduct                                             Allegation Two: That on 21 June 2018, Cr Frank Wilkie, engaged in
      of Councillors that were raised during the financial year.                                                misconduct as defined in section 176(3)(b)(ii) of the LG Act, in that his
                                                                                                                conduct involved a breach of trust placed in him as a councillor, in that
                                                                                                                it was inconsistent with local government principles in section 4(2)(a) of
                                                                                                                the LG Act “transparent and effective processes, and decision-making
                                                                                                                in the public interest” and or section 4(2)(e) of the LG Act “ethical and
                                                                                                                legal behaviour of councillors and local government employees”, in that
                                                                                                                Cr Frank Wilkie did not inform the meeting about his personal interest in
                                                                                                                the matter as required by section 175E(2) of the LG Act.




174                                                                                                                                                                                               175
                                                                                                                                                                                     Page 449 of 518