2020-01-13 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                              13 JANUARY 2020


              o      where the benefit or loss that a councillor or a related party might receive is no
                     greater than the benefit or loss that a significant proportion of persons in the
                     local government area might receive; and,
              o      the interest is gifts, loans or sponsored hospitality totalling less than $500 in the
                     councillor’s current or previous term.
              The offence for declarable COIs will increase from the current penalty of up to 100
              penalty units or a one-year imprisonment term13 to up to two years imprisonment.
            Exceptions –
              COI provisions will not apply to ordinary business matters14 if the matter is solely, or
              relates solely to:15
              o     the making or levying of rates and charges, or the fixing of a cost-recovery fee,
                    by the council; or
              o     making a planning scheme that applies to the whole of the Shire; or
              o     a resolution required for the adoption of a budget for the council; or
              o     the remuneration or reimbursement of expenses of councillors or members of a
                    committee of the council; or
              o     the provision of superannuation entitlements or public liability, professional
                    indemnity or accident insurance for councillors; or
              o     a matter of interest to the councillor solely as a candidate for election or
                    appointment as mayor, deputy mayor, councillor or member of a committee of
                    the council.
              However, a councillor may voluntarily comply with the provisions for a declarable COI
              and in this instance, the personal interests are taken to be a “declarable COI” and
              division 5A applies as if eligible councillors had, under section 177O(2), decided the
              councillor has a declarable COI in the matter.
b.     Registers of Interest
       Currently, section 171B of the LG Act provides that a councillor must inform the CEO within
       30 days if the councillor or a person related to the councillor has an interest that must be
       recorded in a register of interests or there is a change to an interest recorded in a register
       of interests.
       The Bill introduces new obligations on councillors in relation to registers of interests (ROIs)
       to align with State MPs statements of interests, including appropriate offences and
       penalties for non-compliance. Councillors will be required to:
           submit new ROIs for themselves and any specified related persons within 30 days or
             they will cease to be a councillor;
           notify of any changes to their ROI within 30 days; and,
           provide an update to their ROI within 30 days of end of financial year.
       A councillor, with intent to dishonestly gain a benefit for the councillor or another person,
       commits a serious integrity offence and could face up to two years imprisonment if they
       knowingly fail to comply with the points outlined above or give the CEO a ROI the councillor
       knew to be false or misleading in a material particular.16 Where there is no intent to gain a
       benefit or no knowledge element, the conduct is prescribed as misconduct.17




13 Local Government Act 2009 (QLD) s 175E.
14 New proposed section 177C (Personal interests in ordinary business matters of Council) of the LG Act.
15 Explanatory Notes, Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill

2019 (Qld), 55.
16 DLGRMA, Electoral and other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019:

Information Paper, November 2019, 9.
17 Ibid.


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