2020-01-13 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                              13 JANUARY 2020


2.        Proposed Bill reforms
On 28 November 2019, the Attorney-General and Minister for Justice introduced the Electoral
and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 (“the
Bill”) into Queensland’s Legislative Assembly. In accordance with Standing Order 131. The Bill
was referred to the Economic and Governance Parliamentary Committee (the Committee) for
consideration with a report on the Bill to be tabled by 7 February 2020. In addition, the
Committee was required to consider recommendation 1 from the Crime and Corruption
Commission’s (CCC) Operation Belcarra Report regarding the feasibility of introducing
expenditure caps for Queensland local government elections with a view to the model
commencing after the 2020 local government elections. The Committee’s Issues Paper
December 2019 provides information about the inquiry and invites submissions on the issues
identified in the paper, as well as any other issues relevant to the inquiry. This process allows
any individuals or organisations to make a submission to the Committee. The Local Government
Association of Queensland (LGAQ) has stated that they are examining the Bill and will be making
a submission to the Committee.2
The Bill proposes several fundamental reforms that will enhance the actual and perceived
integrity and public accountability of elections and ensure public confidence in electoral and
political processes. Essentially, the Attorney-General and Minister for Justice stated that
“Queenslanders must be able to have confidence in our electoral system as a key feature of our
democracy. The actual or perceived integrity of this system is significantly enhanced by no single
person or entity being able to improperly influence those involved in electoral campaigning.”3
Within this context, the following proposed changes outlined below are significant for local
government.
a.        Conflicts of Interest
             Prescribed Conflicts of Interest –
               In response to feedback from councillors, the Bill has introduced a concept of a
               “prescribed conflict of interest.”4 Where a councillor has a prescribed conflict of
               interest (COI) in a matter, the councillor must not participate in a decision relating to
               the matter unless the Minister has approved the councillor’s participation in the
               decision and must inform a local government meeting or the CEO of the interest,
               including prescribed particulars, as appropriate.5 As such, prescribed COIs will
               replace material personal interest provisions6 in the LG Act.
               Prescribed COIs relate to:7
               o    gifts or donations totalling more than $2000 to a councillor, group or party (if the
                    gift is an electoral donation) or to councillor or close associate (if other gift or
                    sponsored hospitality benefit) during the councillor’s current or previous term
                    from an entity with an interest in a matter before council;
               o    CEO employment matters (e.g. appointment, discipline, and remuneration) if
                    the CEO or applicant is a close associate of a councillor;
               o    an application for a licence, permit, registration or other approval for the
                    councillor or close associate or an entity which the councillor or close associate
                    has a financial interest in or has made a submission about;
               o    a contract between the council and the councillor or close associate or an entity
                    which the councillor or close associate has a financial interest in.


2 See: https://www.lgaq.asn.au/web/guest/updates/-/journal_content/56/10136/10415083
3 Hon. YM D’Ath, Introductory Notes, 28 November 2019.
4 Ibid.
5 Explanatory Notes, Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019

(Qld), 5.
6 Local Government Act 2009 (QLD) div. 5A.
7 DLGRMA, Electoral and other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019:

Information Paper, November 2019, 6.

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